(d) If a health care service plan does not demonstrate compliance with this article, the department may take the following actions, which may be progressive, as appropriate:

1. (1) Require the health care service plan to implement corrective action to achieve and demonstrate compliance with the health equity and quality standard measures and annual benchmarks.
2. (2) Monitor a health care service plan’s corrective action plan and improvement efforts.
3. (3) Investigate and require supplemental reporting by the health care service plan.

4. (4) Assess an administrative penalty in an amount that is initially commensurate with the failure to meet the requirements of this article, and assess additional penalties, in escalating amounts for repeated or continuing failure to meet the requirements. The director may assess administrative penalties under this paragraph if a health care service plan engages in any of the following conduct:

   1. (A) Fails to report complete and accurate data required by this article.
   2. (B) Neglects to file a required corrective action plan with the department.
   3. (C) Fails to file an acceptable required corrective action plan with the department.
   4. (D) Fails to implement or monitor a required corrective action plan.
   5. (E) Fails to provide information required by this article to the department.
   6. (F) Falsifies information required by this section.
   7. (G) Fails to meet the health equity and quality standard measures and annual benchmarks established pursuant to Section 1399.871.
5. (5) Take other disciplinary or other enforcement action, as determined necessary and appropriate by the director.
6. (6) If the department assesses an administrative penalty or takes other disciplinary action, the department shall inform the California Health Benefit Exchange, the Office of Statewide Health Planning and Development, CalPERS, and the State Department of Health Care Services, each of which shall consider appropriate action.

(e)

1. (1) For the measurement years 2023 and 2024, the department’s enforcement activities pursuant to subdivision (d) shall address deficiencies in procedural data collection, reporting, corrective action plan implementation, or monitoring requirements pursuant to this article.
2. (2) Commencing with measurement year 2025, and for each following measurement year, the department’s enforcement activities shall address deficiencies in meeting the requirements under paragraph (1), compliance with the standard measures and annual benchmarks, and all other requirements pursuant to this article.
3. (3) For the purpose of this subdivision, “measurement year” means the time period within which a health care service plan shall collect the required information for the report required by this section.