California SB 596: Increases Penalties For Healthcare Staffing Ratio Violations

Senate Bill (SB) 596 represents a significant development for California general acute care hospitals, acute psychiatric hospitals, and special hospitals. Governor Newsom signed SB 596 into law on October 13, 2025, amending California's Health and Safety Code § 1280.3 to expand civil penalties for certain licensed health facilities that fail to maintain mandated staffing ratios.

While the nurse-to-patient ratio framework in California is not new, SB 596 reshapes the enforcement landscape. It raises maximum penalties and clarifies that each day a facility is out of compliance constitutes a separate and distinct violation.

For hospitals and acute-care employers, this change transforms what might once have been treated as a single regulatory citation into a potentially costly, multi-day series of penalties. It also underscores the California Department of Public Health's renewed emphasis on staffing compliance and patient-safety documentation.

What SB 596 Does?

Daily Counting of Violations

Each day a staffing-ratio violation occurs, or continues, counts as a separate offense. A week of non-compliance could therefore trigger seven individual penalties rather than one. This change is found in 1280.3 (f)(1).

Clarification of "On-Call Lists"

The bill also defines what constitutes an "on-call list" for purposes of determining whether a facility attempted to meet staffing ratios. Facilities relying on ad-hoc or outdated lists of nurses may no longer be considered compliant if those lists are not current, verifiable, and reasonably accessible. This new law also clarified that a hospital contacting, or attempting to contact, licensed nurses who are not scheduled to be on call and who are not assigned to a float pool for the unit and shift where an alleged violation occurred shall not be considered as exhausting an on-call list for purposes of compliance. This change is found in 1280.3 (f)(4)(A)(iii).

Strategic Implications for Healthcare Employers

State regulators have long emphasized patient safety, but SB 596 signals a clear shift from education to enforcement through monetary deterrence. Hospitals should anticipate closer scrutiny of staffing documentation, including shift schedules, nurse assignment sheets, and float-pool utilization.

By converting ongoing violations into multiple daily offenses, the law amplifies financial exposure and could draw attention from plaintiffs' attorneys and unions seeking to leverage citations in related disputes. Even though SB 596 is an administrative measure, repeated findings of non-compliance can bolster arguments about systemic understaffing or unsafe conditions.

Persistent staffing shortages, burnout, and competition for nursing talent have already strained hospitals. The new penalty structure may intensify these challenges by requiring more robust contingency planning, better overtime management, and stronger documentation to defend staffing decisions.

SB 596 takes effect January 1, 2026, but preparation should begin now. Enforcement agencies are expected to issue interpretive guidance before implementation, and hospitals that can demonstrate proactive compliance efforts will be better positioned during inspections and potential audits.

Here are some ways for healthcare employers to prepare:

1. Audit Current Staffing Policies

Review existing nurse-to-patient ratio policies and ensure they reflect the current regulatory standards. Pay close attention to high-acuity units and emergency departments where ratios are most frequently questioned.

2. Strengthen Documentation

Maintain contemporaneous, accurate records of daily staffing levels, reassignments, and justifications for deviations. Electronic systems that capture staffing data in real time can provide critical evidence of compliance.

3. Validate "On-Call Lists"

Ensure on-call lists are current and verifiable for meeting staffing obligations. Outdated or informal rosters may no longer be sufficient to demonstrate a good-faith compliance effort.

4. Train Supervisory Staff

Charge nurses and shift supervisors should understand both the ratio requirements and the expanded penalty framework. Training should emphasize how to escalate shortages promptly and document mitigation steps.

5. Evaluate Contingency and Float-Pool Plans

Facilities should review how float-pool nurses, agency staff, and cross-trained employees are deployed. Review regularly scheduled float pool shifts to better strengthen compliance. Written plans showing how coverage is maintained can help defend against "pattern-of-non-compliance" allegations.

6. Engage Legal and Compliance Teams Early

Hospitals should work with counsel to:

• Assess exposure from prior citations or corrective-action plans.
• Develop internal reporting processes for potential violations.
• Coordinate communications with the Department of Public Health.

It is anticipated that there will be legal action taken to enjoin this law. We will continue to track developments as they occur. For guidance on preparing for SB 596, please contact a Jackson Lewis Attorney to discuss.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.