DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000. - 130079.]
Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28.
§§ 127000–130079 · 447 sections
PART 1. DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION §§ 127000–127011 · 5 sections
CHAPTER 1. General Provisions §§ 127000–127011 · 5 sections
- § 127000 There is in the state government, in the Health and Welfare Agency, the Department of Health Care Access and Information.
- § 127002 Any reference to the Office of Statewide Health Planning and Development shall be deemed a reference to the Department of Health Care Access and Information.
- § 127005 The department is under the control of an executive officer known as the Director of the Department of Health Care Access and Information who shall be…
- § 127010 The director of the department shall have the powers of a head of the department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3…
- § 127011 (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the Department of Health Care Access and Information shall submit to the Department of…
PART 2. HEALTH POLICY AND PLANNING §§ 127280–127774 · 136 sections
CHAPTER 1. Health Planning §§ 127280–127286 · 4 sections
- § 127280 (a) Every health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, except a health facility owned and operated by the…
- § 127280.1 Notwithstanding any other provision of law, up to two hundred thousand dollars ($200,000) of the moneys collected pursuant to Section 127280 may be used by the…
- § 127285 (a) Health facilities and clinics, except for chronic dialysis clinics as defined in subdivision (b) of Section 1204, shall annually report to the department…
- § 127286 (a) Commencing on January 1, 2027, health facilities, clinics, home health agencies, and hospices shall annually report to the department, on forms supplied by…
CHAPTER 2. Health Policy Research and Evaluation §§ 127340–127376 · 13 sections
ARTICLE 2. Hospitals: Community Benefits §§ 127340–127360 · 6 sections
- § 127340 The Legislature finds and declares all of the following: (a) Private not-for-profit hospitals meet certain needs of their communities through the provision of…
- § 127345 As used in this article, the following terms have the following meanings: (a) “Charity care” means free health services provided without expectation of payment…
- § 127346 (a) The Department of Healthcare Access and Information may impose a fine not to exceed five thousand dollars ($5,000) on hospitals for failure to adopt,…
- § 127350 Each hospital shall do all of the following: (a) By July 1, 1995, reaffirm its mission statement that requires its policies integrate and reflect the public…
- § 127355 The hospital shall include all of the following elements in its community benefits plan: (a) Mechanisms to evaluate the plan’s effectiveness including, but not…
- § 127360 Nothing in this article shall be used to justify the tax-exempt status of a hospital under state law. Nothing in this article shall preclude the department…
ARTICLE 3. The Medical Equity Disclosure Act §§ 127370–127376 · 7 sections
- § 127370 The Legislature finds and declares all of the following: (a) The COVID-19 health emergency has thrown into sharp relief longstanding health inequities along…
- § 127371 As used in this article: (a) “Advisory committee” means the Health Care Equity Measures Advisory Committee established pursuant to Section 127376. (b)…
- § 127372 (a) A hospital shall prepare an annual equity report. The equity report shall include an analysis of health status and access to care disparities for patients…
- § 127373 (a) A hospital shall do all of the following with respect to an equity report prepared pursuant to Section 127372: (1) Include in the equity report an…
- § 127374 (a) The Department of Health Care Access and Information may impose a fine not to exceed five thousand dollars ($5,000) against a hospital that fails to adopt,…
- § 127375 The Department of Health Care Access and Information shall adopt any rules, regulations, or informal guidance necessary to further the objectives of this…
- § 127376 (a) The Department of Health Care Access and Information shall convene a Health Care Equity Measures Advisory Committee, composed of at least one academic…
CHAPTER 2.5. Fair Pricing Policies §§ 127400–127471 · 32 sections
ARTICLE 1. Hospital Fair Pricing Policies §§ 127400–127446 · 18 sections
- § 127400 As used in this article, the following terms have the following meanings: (a) “Allowance for financially qualified patient” means, with respect to services…
- § 127400.5 For purposes of this chapter, the following terms have the following meanings: (a) “Charity care” means free care. (b) “Discounted payment” or “discount…
- § 127401 (a) The State Department of Public Health shall be responsible for the enforcement of the provisions of this article for violations occurring prior to January…
- § 127405 (a) (1) (A) Each hospital shall maintain an understandable written policy regarding discount payments for financially qualified patients as well as an…
- § 127406 (a) For purposes of this section, the following terms shall have the following meanings: (1) “Presumptively determine” means a determination made by a hospital…
- § 127410 (a) Each hospital shall provide patients with a written notice that shall contain information about availability of the hospital’s discount payment and charity…
- § 127420 (a) Each hospital shall make all reasonable efforts to obtain from the patient or the patient’s representative information about whether private or public…
- § 127425 (a) A hospital shall not sell patient debt to a debt buyer, as defined in Section 1788.50 of the Civil Code, unless all of the following apply: (1) The…
- § 127426 (a) The period described in Section 127425 shall be extended if the patient has a pending appeal for coverage of the services, until a final determination of…
- § 127430 (a) Prior to commencing collection activities against a patient, the hospital, any assignee of the hospital, or other owner of the patient debt, including a…
- § 127435 (a) A hospital shall provide to the department a copy of its discount payment policy, charity care policy, eligibility procedures for those policies, review…
- § 127436 (a) Upon promulgation of regulations as required in subdivisions (b) and (c) no later than January 1, 2024, the Director of the Department of Health Care…
- § 127437 The Hospital Fair Pricing Penalties Fund is created in the State Treasury. Any moneys collected from administrative penalties pursuant to this article shall be…
- § 127440 (a) The hospital shall reimburse the patient or patients any amount actually paid in excess of the amount due under this article, including interest. Interest…
- § 127443 The rights, remedies, and penalties established by this article are cumulative, and shall not supersede the rights, remedies, or penalties established under…
- § 127444 (a) This article does not prohibit a hospital from uniformly imposing charges from its established charge schedule or published rates or preclude the…
- § 127445 Notwithstanding any other provision of law, the amounts paid by parties for services resulting from reduced or waived charges under a hospital’s discounted…
- § 127446 To the extent that any requirement of Section 127400, 127401, or 127405 results in a federal determination that a hospital’s established charge schedule or…
ARTICLE 2. Emergency Physician Fair Pricing Policies §§ 127450–127462 · 12 sections
- § 127450 As used in this article, the following terms have the following meanings: (a) “Allowance for financially qualified patient” means, with respect to emergency…
- § 127451 A violation of this article shall not constitute a violation of the terms of a physician and surgeon’s licensure.
- § 127452 (a) Uninsured patients or patients with high medical costs who are at or below 400 percent of the federal poverty level shall be eligible to apply to an…
- § 127454 (a) Each emergency physician shall make all reasonable efforts to obtain from the patient, or his or her representative, information about whether private or…
- § 127455 (a) Each emergency physician shall have a written policy about when and under whose authority patient debt is advanced for collection. (b) Each emergency…
- § 127456 (a) The period described in Section 127455 shall be extended if the patient has a pending appeal for coverage of the services, until a final determination of…
- § 127457 (a) After the period described in Section 127455, and upon the completion of appeals consistent with Section 127456, prior to commencing further collection…
- § 127458 The emergency physician shall reimburse the patient or patients any amount actually paid in excess of the amount due under this article, including interest.…
- § 127459 The rights, remedies, and penalties established by this article are cumulative, and shall not supersede the rights, remedies, or penalties established under…
- § 127460 Nothing in this article shall be construed to prohibit the emergency physician from uniformly imposing charges from its established charge schedule or…
- § 127461 Notwithstanding any other provision of law, the amounts paid by parties for services resulting from reduced or waived charges under an emergency physician’s…
- § 127462 To the extent that any requirement of this article results in a federal determination that an emergency physician’s established charge schedule or published…
ARTICLE 3. Prescription Drug Pricing for Covered Entities §§ 127470–127471 · 2 sections
- § 127470 For purposes of this article: (a) “Covered drug” means a drug purchased by a covered entity that is subject to the federal pricing requirements set forth in…
- § 127471 (a) A pharmacy benefit manager shall not impose any requirements, conditions, or exclusions that do either of the following: (1) Discriminate against a covered…
CHAPTER 2.6. Health Care Affordability §§ 127500–127507.6 · 24 sections
ARTICLE 1. General Provisions and Definitions §§ 127500–127500.5 · 3 sections
- § 127500 This chapter shall be known, and may be cited, as the California Health Care Quality and Affordability Act.
- § 127500.2 As used in this chapter, the following definitions apply: (a) (1) “Administrative costs and profits” means the total sum of all expenses not included in the…
- § 127500.5 (a) The Legislature finds and declares all of the following: (1) It is in the public interest that all Californians receive health care that is accessible,…
ARTICLE 2. Office of Health Care Affordability §§ 127501–127501.12 · 11 sections
- § 127501 (a) There is hereby established, within the Department of Health Care Access and Information, the Office of Health Care Affordability. The Director of the…
- § 127501.2 (a) Until January 1, 2027, any necessary rules and regulations for the purpose of implementing this chapter may be adopted as emergency regulations in…
- § 127501.3 (a) The office shall be responsive to requests for additional information from the Legislature, including providing testimony during hearings and commenting on…
- § 127501.4 (a) (1) Notwithstanding any other state or local law, the office shall collect data and other information it determines necessary from health care entities,…
- § 127501.5 The office shall, in a manner prescribed by the office, establish requirements for management services organizations to submit data and other information as…
- § 127501.6 (a) For data submitted to the office under paragraph (1) of subdivision (d) of Section 127501.4, the office shall prepare a report on baseline health care…
- § 127501.7 (a) (1) Notwithstanding any other law regarding the confidentiality of data submitted by health care service plans or other entities to the Department of…
- § 127501.8 (a) There is hereby established in the State Treasury the Health Care Affordability Fund for the purpose of receiving and expending revenues collected pursuant…
- § 127501.10 (a) There is hereby established, within the office, the Health Care Affordability Board. The board shall be composed of eight members, as follows: (1) Four…
- § 127501.11 (a) After receiving input, including recommendations, from the office and the advisory committee, and receiving public comments, the board shall establish all…
- § 127501.12 (a) (1) The board shall establish a Health Care Affordability Advisory Committee to provide input, including recommendations, to the board and the office on a…
ARTICLE 3. Health Care Cost Targets §§ 127502–127502.5 · 2 sections
- § 127502 (a) The board shall establish a statewide health care cost target. (b) (1) The board shall establish specific targets by health care sector, including fully…
- § 127502.5 (a) The director shall enforce the cost targets established by this chapter against health care entities in a manner that ensures compliance with targets,…
ARTICLE 4. Quality and Equity Performance § 127503 · 1 section
- § 127503 (a) (1) The office shall adopt a single set of standard measures for assessing health care quality and equity across payers, fully integrated delivery systems,…
ARTICLE 5. Alternative Payment Models § 127504 · 1 section
- § 127504 (a) The office shall promote the shift from payments based on fee-for-service to alternative payment models that provide financial incentive for equitable…
ARTICLE 6. Primary Care and Behavioral Health Investments § 127505 · 1 section
- § 127505 (a) (1) The office shall measure and promote a sustained systemwide investment in primary care and behavioral health. In furtherance of this goal, the office…
ARTICLE 7. Health Care Workforce Stability § 127506 · 1 section
- § 127506 (a) The intent of this section is to monitor the effects of cost targets on health care workforce stability, high-quality jobs, and training needs of health…
ARTICLE 8. Health Care Market Trends §§ 127507–127507.6 · 4 sections
- § 127507 (a) The office shall monitor cost trends, including conducting research and studies on the health care market, including, but not limited to, the impact of…
- § 127507.2 (a) (1) If the office finds that a material change noticed pursuant to Section 127507 is likely to have a risk of a significant impact on market competitions,…
- § 127507.4 In furtherance of this article, the office may do all of the following: (a) Contract with, consult, and receive advice from any state agency on terms and…
- § 127507.6 In addition to any legal remedies, the office shall be entitled to specific performance, injunctive relief, and other equitable remedies a court deems…
CHAPTER 6. Reproductive Health Equity §§ 127630–127639 · 11 sections
- § 127630 For purposes of this chapter: (a) “Abortion” has the same meaning as defined in Section 123464. (b) “Contraception” means the services and contraceptive…
- § 127631 (a) The California Reproductive Health Equity Fund is hereby established. (b) The primary purpose of the fund is to provide grant funding to safety net…
- § 127631.1 In addition to the California Reproductive Health Equity Fund established in this chapter, the department may also use the money in the Abortion Access Fund…
- § 127632 (a) The California Reproductive and TGI Health Equity Program is hereby established within the department. (b) The purpose of the program is to ensure…
- § 127633 (a) A Medi-Cal enrolled provider, as determined by the State Department of Health Care Services, may apply for a grant, and a continuation award after the…
- § 127634 (a) An application for a grant under this chapter shall be made on a form to be developed by the department. (b) An application shall include both of the…
- § 127635 (a) Within the limits of funds available, the department may award grants that, in the department’s judgment, best promote the purposes described in Section…
- § 127636 (a) An application for a continuation award under this chapter shall be made on a form to be developed by the department. (b) Decisions regarding continuation…
- § 127637 Funds awarded pursuant to this chapter shall be expended solely for the purpose for which the funds were awarded, in accordance with the approved application…
- § 127638 In implementing the program, the department shall consult with interested parties, including the State Department of Health Care Services, the Department of…
- § 127639 The department shall conduct an evaluation of the program and shall report its findings to the Legislature by no later than July 1, 2024, and on an annual…
CHAPTER 6.1. Reproductive Health Protection §§ 127640–127643 · 4 sections
- § 127640 For purposes of this chapter: (a) “Abortion” has the same meaning as defined in Section 123464. (b) “Department” means the Department of Health Care Access and…
- § 127641 (a) The Abortion Access Fund is hereby established in the State Treasury. (b) Notwithstanding any other law, all of the following apply: (1) The fund is a…
- § 127642 (a) The department shall distribute moneys in the fund for the purpose of funding abortion services. (b) The department may carry out the program described in…
- § 127643 This chapter shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.
CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services §§ 127660–127665 · 5 sections
- § 127660 (a) The Legislature hereby requests the University of California to establish the California Health Benefit Review Program to assess legislation proposing to…
- § 127661 A request pursuant to this chapter may be made by an appropriate policy or fiscal committee chairperson, the Speaker of the Assembly, or the President pro…
- § 127662 (a) In order to effectively support the University of California and its work in implementing this chapter, there is hereby established in the State Treasury,…
- § 127663 In order to avoid conflicts of interest, the Legislature requests the University of California to develop and implement conflict-of-interest provisions to…
- § 127665 This chapter shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed.
CHAPTER 8.5. Health Care Payments Data Program §§ 127671–127674.1 · 21 sections
- § 127671 (a) The Legislature finds and declares that California has a substantial public interest in the price, cost, utilization, equity, and quality of health care…
- § 127671.1 (a) The department shall establish, implement, and administer the Health Care Payments Data Program to implement and administer the system in accordance with…
- § 127672 (a) (1) The Department of Health Care Access and Information shall convene a Health Care Payments Data Program advisory committee, composed of health care…
- § 127672.8 The department shall ensure that the system can map to other datasets, including public health datasets on morbidity and mortality, and data regarding the…
- § 127672.9 Until June 30, 2028, for purposes of implementing this chapter, including, but not limited to, hiring staff and consultants, facilitating and conducting…
- § 127673 (a) The department shall develop guidance to require data submission from the entities specified in this chapter. The guidance shall include a methodology for…
- § 127673.05 (a) For purposes of this section, “pharmacy benefits manager” or “PBM” means an entity that is required to be licensed pursuant to Section 1385.008. (b)…
- § 127673.1 (a) (1) The department shall report the information it receives pursuant to this chapter in a form that allows valid comparisons across care delivery systems.…
- § 127673.2 (a) In the development of the system, the department or its designee shall consult with state and federal entities, as necessary, to implement the program.…
- § 127673.3 (a) The department shall develop and maintain a master person index, a master index of providers and suppliers, and a master payer index that will enable the…
- § 127673.4 (a) The department shall develop regulations on data quality and improvement processes and shall make these processes publicly available. (b) Data quality…
- § 127673.5 (a) (1) The purpose of the system is to learn about and seek to improve public health, population health, social determinants of health, and the health care…
- § 127673.6 The department shall develop an information security program that uses existing state standards and complies with applicable state and federal laws.
- § 127673.7 The department shall include in an annual analysis, such as, but not limited to, the following: (a) Population and regional level data on prevention,…
- § 127673.8 (a) The department shall use the program data to produce publicly available information, including data products, summaries, analyses, studies, and other…
- § 127673.81 (a) (1) All personal consumer information obtained or maintained by the program shall be confidential. (2) Only deidentified aggregate patient or other…
- § 127673.82 (a) The department shall develop a comprehensive program for data use, access, and release that includes data use agreements that require data users to comply…
- § 127673.83 (a) In accessing or obtaining nonpublic data through the secure environment, users shall only have access to the minimum amount of potentially identifiable…
- § 127673.84 (a) The department shall establish a data release committee with a membership of at least 7 and no more than 11 members appointed by the director.…
- § 127674 (a) The department shall expend the General Fund moneys appropriated in the 2018–19 Budget Act (Chapter 23 of the Statutes of 2019) for the purposes of this…
- § 127674.1 The department shall notify the Department of Managed Health Care or the Department of Insurance, as appropriate, if a health care service plan or health…
CHAPTER 9. Prescription Drug Pricing for Purchasers §§ 127675–127685 · 7 sections
- § 127675 (a) This chapter shall apply to a manufacturer of a prescription drug that is purchased or reimbursed by any of the following: (1) A state purchaser in…
- § 127676 (a) The Legislature finds and declares that the State of California has a substantial public interest in the price and cost of prescription drugs. California…
- § 127677 (a) A manufacturer of a prescription drug with a wholesale acquisition cost of more than forty dollars ($40) for a course of therapy shall notify each…
- § 127679 (a) On a quarterly basis at a time prescribed by the department and in a format prescribed by the department, commencing no earlier than January 1, 2019, a…
- § 127681 (a) A manufacturer of a prescription drug shall notify the department in writing if it is introducing a new prescription drug to market at a wholesale…
- § 127683 (a) Funding for the actual and necessary expenses of the department to conduct the activities described in this section and in Sections 127676, 127679, 127681,…
- § 127685 (a) The department may adopt regulations or issue guidance for the implementation of this chapter. All information that is required to be reported to the…
CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 §§ 127690–127697 · 9 sections
- § 127690 This chapter may be cited as the California Affordable Drug Manufacturing Act of 2020.
- § 127691 For purposes of this chapter, the following definitions apply: (a) “Generic drug” means a drug that is approved pursuant to subdivision (j) of Section 355 of…
- § 127692 (a) The California Health and Human Services Agency (CHHSA) or its departments shall enter into partnerships, consistent with subdivision (b) of Section…
- § 127693 (a) CHHSA shall enter into partnerships resulting in the production, procurement, or distribution of generic prescription drugs, with the intent that these…
- § 127694 (a) On or before December 31, 2023, CHHSA shall submit a report to the Legislature that assesses the feasibility of directly manufacturing generic prescription…
- § 127694.1 Upon appropriation by the Legislature, CHHSA shall develop a California-based manufacturing facility for insulin, with the intent of creating high-skill,…
- § 127695 (a) On or before December 31, 2022, CHHSA shall report to the Legislature on both of the following: (1) A description of the status of all drugs targeted under…
- § 127696 Notwithstanding any other provision of law, all nonpublic information and documents obtained or prepared under this chapter shall not be required to be…
- § 127697 In addition to partnerships authorized pursuant to Sections 127692 and 127693, the California Health and Human Services Agency may, subject to an appropriation…
CHAPTER 11. Health Care Data §§ 127770–127774 · 6 sections
- § 127770 For purposes of this chapter: (a) “Department” means the Department of Health Care Access and Information. (b) “State entities” means all state departments,…
- § 127770.5 It is the intent of the Legislature that the department collect data and publish reports on quality of care and patient experience.
- § 127771 (a) (1) Beginning July 1, 2026, the department shall compile annual publications, to be made publicly available on the department’s internet website, including…
- § 127772 (a) The Legislature finds and declares that the department performs public health activities described in Section 164.512(b) of Title 45 of the Code of Federal…
- § 127773 (a) This section governs the use of the Health Plan Improvement Trust Fund, previously renamed in former Section 130208. (b) The moneys in the Health Plan…
- § 127774 (a) Moneys transferred from the Managed Care Fund and the Insurance Fund for use by the department for purposes described in Section 127773 shall be deposited…
PART 3. HEALTH PROFESSIONS DEVELOPMENT §§ 127775–128572 · 95 sections
CHAPTER 1. Health Professions Planning §§ 127775–127778 · 3 sections
ARTICLE 2. Nursing Clinical Placements §§ 127775–127778 · 3 sections
- § 127775 As used in this article, the following terms have the following meanings: (a) “Approved school of nursing or approved nursing program” has the same meaning as…
- § 127776 (a) A health facility or clinic, upon the written request of a California community college or California State University with an approved school of nursing…
- § 127778 This article shall remain in effect only until January 1, 2032, and as of that date is repealed.
CHAPTER 1.5. Behavioral Health Grants § 127825 · 1 section
- § 127825 (a) As a component of the Children and Youth Behavioral Health Initiative, established pursuant to Chapter 2 (commencing with Section 5961) of Part 7 of…
CHAPTER 2. Personnel Recruitment and Education §§ 127875–128052 · 22 sections
ARTICLE 1. Health Professions Careers Opportunity Program §§ 127875–127885 · 3 sections
- § 127875 The Legislature finds and declares that California has an insufficient number of minority health professionals to meet the health care needs in the state.…
- § 127880 It is the intent of the Legislature to maintain a Health Professions Career Opportunity Program designed to: (a) Increase the number of ethnic minorities in…
- § 127885 (a) The department shall maintain a Health Professions Career Opportunity Program that shall include, but not be limited to, all of the following: (1)…
ARTICLE 2. Health Promotion Education Programs for Allied Health Professionals § 127900 · 1 section
- § 127900 (a) The Legislature finds and declares that evidence exists to support the development of health promotion and health-risk reduction programs as an effective…
ARTICLE 2.75. National Health Service Corps State Loan Repayment Program § 127940 · 1 section
- § 127940 (a) In administering the National Health Service Corps State Loan Repayment Program in accordance with Section 254q-1 of Title 42 of the United States Code and…
ARTICLE 3. Nursing Education Scholarships §§ 127975–128020 · 10 sections
- § 127975 Recognizing that there is a shortage in supply of registered nurses, and that if the number of nursing students is to be materially increased to meet the…
- § 127980 There shall be available at least 10 scholarships per year. The scholarships shall be available to any registered nurse who is enrolled in one of the following…
- § 127985 A person shall not be awarded a scholarship under subdivision (a) or (b) of Section 127980 unless: (a) They are a resident of California. (b) They are licensed…
- § 127990 No person shall be awarded a scholarship under subdivision (c) of Section 127980 unless he or she satisfies the requirements prescribed by subdivisions (a),…
- § 127995 The department shall administer the program of nursing education scholarships and shall for this purpose, adopt regulations as it determines are necessary to…
- § 128000 Applications for scholarships shall be made to the department, upon forms provided by it, at the times and in the manner prescribed by the regulations adopted…
- § 128005 The department shall award the scholarships to the applicants that it determines are best fitted to undertake the educational program for which the…
- § 128010 Scholarships shall be awarded without regard to race, religion, creed, or sex.
- § 128015 Each scholarship under this article is for the period of no more than one academic year, and the award shall be: (a) For a person qualifying under subdivision…
- § 128020 A scholarship shall remain in effect only during the period, as determined by the department, that the person receiving the award achieves satisfactory…
ARTICLE 4. Health Professions Planning Grants §§ 128025–128040 · 4 sections
- § 128025 For the purpose of this article, “innovative programs of education in the health professions” means programs for the development of physicians and surgeons,…
- § 128030 The department, in cooperation with the California Postsecondary Education Commission, shall administer the program established pursuant to this article and…
- § 128035 The department is authorized to make grants, from funds appropriated by the Legislature for this purpose, to assist organizations in meeting the cost of…
- § 128040 (a) The Department of Health Care Access and Information shall report to the Legislature on or before June 30, 2002, on the feasibility of establishing a…
ARTICLE 5. Health Care Workforce Research and Data Center §§ 128050–128052 · 3 sections
- § 128050 The Department of Health Care Access and Information shall establish a health care workforce research and data center to serve as the central source of health…
- § 128051 The Department of Health Care Access and Information shall work with the Employment Development Department’s Labor Market Information Division, state licensing…
- § 128052 The Department of Health Care Access and Information shall prepare an annual report to the Legislature that does all of the following: (a) Identifies education…
CHAPTER 3. Professional Practice Development §§ 128125–128195 · 15 sections
ARTICLE 1. Health Workforce Pilot Projects §§ 128125–128195 · 15 sections
- § 128125 The Legislature finds that there is a need to improve the effectiveness of health care delivery systems. One way of accomplishing that objective is to utilize…
- § 128130 For the purposes of this article: (a) “Department” means the Department of Health Care Access and Information. (b) “Approved project” means an educational or…
- § 128135 The department may designate experimental health workforce projects as approved projects where the projects are sponsored by community hospitals or clinics,…
- § 128140 Notwithstanding any other provision of law, a trainee in an approved project may perform health care services under the supervision of a supervisor where the…
- § 128145 A trainee and his or her supervisor shall be held to the standard of care of, and shall be afforded the same immunities as, an individual otherwise legally…
- § 128150 Any patient being seen or treated by a trainee shall be apprised of that fact and shall be given the opportunity to refuse treatment. Consent to the treatment…
- § 128155 The department, after one or more public hearings thereon, shall establish minimum standards, guidelines, and instructions for pilot projects. Advance notice…
- § 128160 (a) Pilot projects may be approved in the following fields: (1) Expanded role medical auxiliaries. (2) Expanded role nursing. (3) Expanded role dental…
- § 128165 The department shall carry out periodic onsite visitations of each approved project and shall evaluate each project to determine the following: (a) The new…
- § 128170 The department shall approve a sufficient number of projects to provide a basis for testing the validity of the experiment.
- § 128175 The department shall seek the advice of appropriate professional societies and appropriate healing arts licensing boards prior to designating approved…
- § 128180 The department shall not approve a project for a period lasting more than two training cycles plus a preceptorship of more than 24 months, unless the…
- § 128185 The Legislature finds and declares all of the following: (a) The Health Manpower Pilot Project No. 152 was approved in 1988 to respond to a shortage of…
- § 128190 The department may extend the geriatric technician pilot project, known as the Health Manpower Pilot Project No. 152, for a minimum of four additional years,…
- § 128195 (a) The department shall issue followup reports on geriatric technician pilot projects approved by the department following 24 months of implementation of the…
CHAPTER 4. Health Care Workforce Training Programs §§ 128200–128300 · 14 sections
ARTICLE 1. Song-Brown Health Care Workforce Training Act §§ 128200–128235 · 5 sections
- § 128200 (a) This article shall be known and may be cited as the Song-Brown Health Care Workforce Training Act. (b) (1) The Legislature hereby finds and declares that…
- § 128205 As used in this article, and Article 2 (commencing with Section 128250), the following terms have the following meanings: (a) “Family physician” means a…
- § 128210 There is hereby created a state medical contract program with accredited medical schools, hospitals and other health care delivery systems, teaching health…
- § 128230 When funding primary care and family medicine programs or departments, primary care and family medicine residencies, and programs for the training of…
- § 128235 Pursuant to this article and Article 2 (commencing with Section 128250), the Director of the Department of Health Care Access and Information shall do all of…
ARTICLE 2. California Health Workforce Education and Training Council §§ 128250–128252 · 3 sections
- § 128250 (a) The terms used in this article have the same meaning as in Section 128205. (b) There is hereby created a California Health Workforce Education and Training…
- § 128251 The members of the council, other than state employees, shall receive compensation of twenty-five dollars ($25) for each day’s attendance at a council meeting,…
- § 128252 (a) The council shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the…
ARTICLE 4. Midwifery Workforce Training Act §§ 128295–128300 · 6 sections
- § 128295 This article shall be known, and may be cited, as the Midwifery Workforce Training Act.
- § 128296 The Legislature finds and declares that maternity care providers are in short supply and maldistributed around the state, resulting in what the March of Dimes…
- § 128297 For purposes of this article, the following definitions apply: (a) “Certified nurse-midwife” means an advanced practice nurse with training in midwifery, as…
- § 128298 (a) It is the intent of the Legislature to provide for a program designed primarily to increase the number of students receiving quality education and training…
- § 128299 This article shall become operative on January 1, 2022.
- § 128300 (a) Upon appropriation from the Legislature, the Department of Health Care Access and Information shall administer funding for a statewide study on midwifery…
CHAPTER 5. Health Professions Education Programs §§ 128330–128572 · 40 sections
ARTICLE 1. Health Professions Education Programs §§ 128330–128371 · 10 sections
- § 128330 As used in this article: (a) “Board” means the Board of Trustees of the Health Professions Education Foundation. (b) “Council” means the California Health…
- § 128337 Notwithstanding any other law, on or before October 1, 2021, the nonprofit public benefit corporation known as the Health Professions Education Foundation…
- § 128338 Effective with the dissolution of the Health Professions Education Foundation, any reference to the Health Professions Education Foundation, or the Foundation,…
- § 128345 The department may do any of the following: (a) Solicit and receive funds from business, industry, foundations, and other private or public sources for the…
- § 128350 The department shall do all of the following: (a) Provide technical and staff support to the programs in meeting all of its responsibilities. (b) Provide…
- § 128355 There is hereby created within the department a Health Professions Education Fund. The primary purpose of this fund is to provide scholarships and loans to…
- § 128360 (a) In administering this chapter, the department shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3…
- § 128365 Notwithstanding any other provision, applications for financial assistance under this article, or other documents that the department reasonably determines…
- § 128370 Notwithstanding any other law, the department may exempt from public disclosure any document in the possession of the department that pertains to a donation…
- § 128371 (a) The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United…
ARTICLE 2. California Registered Nurse Education Program §§ 128375–128401 · 6 sections
- § 128375 (a) The Legislature hereby finds and declares that an adequate supply of professional nurses is critical to assuring the health and well-being of the citizens…
- § 128380 It is the intent of the Legislature to accomplish the following: (a) Assure an adequate supply of appropriately trained professional nurses. (b) Encourage…
- § 128385 (a) There is hereby created the Registered Nurse Education Program within the department. Persons participating in this program shall be persons who agree in…
- § 128390 The funds made available pursuant to this article shall be used as specified in Article 14 (commencing with Section 69795) of Chapter 2 of Part 42 of the…
- § 128400 There is hereby established in the State Treasury the Registered Nurse Education Fund. All money in the fund shall be used for the purposes specified in the…
- § 128401 (a) The Department of Health Care Access and Information shall establish the statewide Associate Degree Nursing (A.D.N.) Scholarship Program. (b) Scholarships…
ARTICLE 3.5. Licensed Mental Health Service Provider Education Program §§ 128454–128458 · 3 sections
- § 128454 (a) There is hereby created the Licensed Mental Health Service Provider Education Program within the Department of Health Care Access and Information. (b) For…
- § 128455 An account shall be created within the Mental Health Practitioner Education Fund and, upon appropriation by the Legislature, moneys in that account shall be…
- § 128458 There is hereby established in the State Treasury the Mental Health Practitioner Education Fund. The moneys in the fund, upon appropriation by the Legislature,…
ARTICLE 4. Vocational Nurse Education Program §§ 128475–128501 · 5 sections
- § 128475 (a) The Legislature hereby finds and declares that an adequate supply of professional vocational nurses is critical to assuring the health and well-being of…
- § 128480 It is the intent of the Legislature to accomplish the following: (a) Assure an adequate supply of appropriately trained vocational nurses. (b) Encourage…
- § 128485 There is hereby created the Vocational Nurse Education Program within the Department of Health Care Access and Information. Persons participating in this…
- § 128500 There is hereby established in the State Treasury the Vocational Nurse Education Fund. All money in the fund shall be used for the purposes specified in the…
- § 128501 This article shall become operative on July 1, 2004.
ARTICLE 5. California Physician Corps Program §§ 128550–128558 · 7 sections
- § 128550 (a) There is hereby established within the Department of Health Care Access and Information the California Physician Corps Program. (b) Commencing July 1,…
- § 128551 It is the intent of this article that the department provide the ongoing program management of the two programs identified in subdivision (b) of Section 128550…
- § 128552 For purposes of this article, the following definitions shall apply: (a) “Account” means the Medically Underserved Account for Physicians established within…
- § 128553 (a) Program applicants shall possess a current valid license to practice medicine in this state issued pursuant to Section 2050 of the Business and Professions…
- § 128555 (a) The Medically Underserved Account for Physicians is hereby established within the Health Professions Education Fund. The primary purpose of this account is…
- § 128556 The terms of loan repayment granted under this article shall be established by the department.
- § 128558 This article shall become operative on July 1, 2006.
ARTICLE 6. California Reproductive Health Service Corps §§ 128560–128565 · 6 sections
- § 128560 For purposes of this article: (a) “Corps” means the California Reproductive Health Service Corps established pursuant to Section 128561. (b) “Reproductive…
- § 128561 For the purposes of recruiting, training, and retaining a diverse workforce of reproductive health care professionals who will be part of reproductive health…
- § 128562 The corps shall do all of the following: (a) (1) Administer and oversee scholarships and stipends for new reproductive health students, loan repayment for…
- § 128563 (a) The corps shall prioritize the selection of scholars from historically excluded populations and underserved areas, who reflect the patient populations they…
- § 128564 (a) A scholar shall do all of the following: (1) Agree to complete abortion training as part of their health care education and to provide, or participate on a…
- § 128565 (a) The department shall conduct an evaluation five years after implementation to assess the impact and effectiveness of the corps. The evaluation shall…
ARTICLE 7. Nurse-Midwifery Education Program §§ 128570–128572 · 3 sections
- § 128570 (a) The California Nurse-Midwifery Education Fund is hereby created within the Department of Health Care Access and Information for the purpose of establishing…
- § 128571 (a) The department shall establish competitive application criteria to ensure the optimal sites selection for the education programs within the California…
- § 128572 Any funds, public or private, received for the fund shall supplement, not supplant, any current or future funding to midwifery workforce education programs,…
PART 5. HEALTH DATA §§ 128675–128920 · 37 sections
CHAPTER 1. Health Facility Data §§ 128675–128810 · 32 sections
- § 128675 This chapter shall be known as the Health Data and Advisory Council Consolidation Act.
- § 128680 The Legislature hereby finds and declares that: (a) Significant changes have taken place in recent years in the health care marketplace and in the manner of…
- § 128685 Intermediate care facilities/developmentally disabled-habilitative, as defined in subdivision (e) of Section 1250, are not subject to this chapter.
- § 128690 Intermediate care facilities/developmentally disabled—nursing, as defined in subdivision (h) of Section 1250, and intermediate care facilities/developmentally…
- § 128700 As used in this chapter, the following terms mean: (a) “Ambulatory surgery procedures” mean those procedures performed on an outpatient basis in the general…
- § 128705 On and after January 1, 1986, any reference in this code to the Advisory Health Council or the California Health Policy and Data Advisory Commission shall be…
- § 128730 (a) Effective January 1, 1986, the department shall be the single state agency designated to collect the following health facility or clinic data for use by…
- § 128734 (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file…
- § 128734.1 (a) (1) Commencing with fiscal years ending December 31, 2023, an organization that operates, conducts, owns, manages, or maintains a skilled nursing facility…
- § 128735 An organization that operates, conducts, owns, or maintains a health facility, and the officers thereof, shall make and file with the department, at the times…
- § 128736 (a) Each hospital shall file an Emergency Care Data Record for each patient encounter in a hospital emergency department. The Emergency Care Data Record shall…
- § 128737 (a) Each general acute care hospital and freestanding ambulatory surgery clinic shall file an Ambulatory Surgery Data Record for each patient encounter during…
- § 128738 (a) The department shall allow and provide for, in accordance with appropriate regulations, additions or deletions to the patient level data elements listed in…
- § 128740 (a) The following summary financial and utilization data shall be reported to the department by a hospital within 45 days of the end of a calendar quarter.…
- § 128745 (a) Commencing July 1993, and annually thereafter, the department shall publish risk-adjusted outcome reports in accordance with the following schedule:…
- § 128747 Commencing July 1, 2002, and biennially thereafter, the department shall evaluate the impact of the department’s published risk-adjusted outcome reports…
- § 128748 (a) This section shall apply to any risk-adjusted outcome report under Section 128745. (b) This subdivision applies to risk-adjusted outcome reports under…
- § 128750 (a) Prior to the public release of the annual outcome reports, the department shall furnish a preliminary report to each hospital that is included in the…
- § 128755 (a) (1) Hospitals shall file the reports required by subdivisions (a), (b), (c), and (d) of Section 128735 with the department within four months after the…
- § 128760 (a) On and after January 1, 1986, the systems of health facility accounting and auditing formerly approved by the California Health Facilities Commission shall…
- § 128765 (a) The department shall maintain a file of all the reports filed under this chapter at its Sacramento office. Subject to any rules the department may…
- § 128766 (a) Notwithstanding Section 128765 or any other provision of law, the department, upon request, shall disclose information collected pursuant to subdivision…
- § 128770 (a) Any health facility or freestanding ambulatory surgery clinic that does not file any report as required by this chapter with the department is liable for a…
- § 128775 (a) Any health facility or freestanding ambulatory surgery clinic affected by any determination made under this part by the department may petition the…
- § 128780 Notwithstanding any other provision of law, the disclosure aspects of this chapter shall be deemed complete with respect to district hospitals, and no district…
- § 128782 Notwithstanding any other provision of law, upon the request of a small and rural hospital, as defined in Section 124840, the department shall do all of the…
- § 128785 On January 1, 1986, all regulations previously adopted by the California Health Facilities Commission that relate to functions vested in the department and…
- § 128790 Pursuant to Section 16304.9 of the Government Code, the Controller shall transfer to the department the unexpended balance of funds as of January 1, 1986, in…
- § 128795 All officers and employees of the California Health Facilities Commission who, on December 31, 1985, are serving the state civil service, other than as…
- § 128800 The department shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, or other property,…
- § 128805 The department may enter into agreements and contracts with any person, department, agency, corporation, or legal entity as are necessary to carry out the…
- § 128810 The department shall administer this chapter and shall make all regulations necessary to implement the provisions and achieve the purposes stated herein.
CHAPTER 2. Primary Care Clinic and Specialty Clinic Data §§ 128900–128920 · 5 sections
- § 128900 The following definitions apply for purposes of this chapter: (a) “Clinic” means an organized outpatient health facility required to be licensed pursuant to…
- § 128905 (a) Commencing January 1, 2027, every clinic holding a license and, notwithstanding subdivision (h) of Section 1206, every intermittent clinic operated by a…
- § 128910 Commencing January 1, 2027, an organization that operates, conducts, owns, or maintains a primary care clinic or intermittent clinic, and the officers thereof,…
- § 128915 The department shall maintain a file of all reports filed under this chapter and under Sections 1216 and 127285 at its Sacramento office. Subject to any rules…
- § 128920 The department shall administer this chapter and shall adopt all regulations necessary to implement the provisions of this chapter. The regulations shall…
PART 6. FACILITIES LOAN INSURANCE AND FINANCING §§ 129000–129387 · 79 sections
CHAPTER 1. Health Facility Construction Loan Insurance §§ 129000–129355 · 71 sections
ARTICLE 1. General Provisions §§ 129000–129045 · 10 sections
- § 129000 This chapter may be cited as the “California Health Facility Construction Loan Insurance Law.”
- § 129005 The purpose of this chapter is to provide, without cost to the state, an insurance program for health facility construction, improvement, and expansion loans…
- § 129010 Unless the context otherwise requires, the definitions in this section govern the construction of this chapter and of Section 32127.2. (a) “Bondholder” means…
- § 129015 The department shall administer this chapter and shall make all regulations necessary to implement the provisions and achieve the purposes stated herein.
- § 129020 The department shall implement the loan insurance program for the construction, improvement, and expansion of public and nonprofit corporation health…
- § 129022 Applications submitted to the department shall be signed under penalty of perjury by the applicant.
- § 129030 The proceeds of all loans insured pursuant to this chapter shall be disbursed only upon order of the department or its designated agent. The department shall…
- § 129035 From time to time the department or its designated agent shall inspect each project for which loan insurance was approved, as needed, and if the inspection so…
- § 129040 (a) The department shall establish a premium charge for the insurance of loans under this chapter, and this charge shall be deposited in the fund. A one-time…
- § 129045 The department shall annually report to the Legislature the financial status of the program and its insured portfolio, including the status of all borrowers in…
ARTICLE 1.5. Hospital Construction Assistance §§ 129048–129049 · 2 sections
- § 129048 The Legislature finds and declares all of the following: (a) The State of California has a compelling interest in ensuring that adequate health facilities that…
- § 129049 (a) The department may, at the request of a hospital, commission an independent study of market need and feasibility, as required by the United States…
ARTICLE 2. Insurable Loans and Applications Therefor §§ 129050–129110 · 17 sections
- § 129050 A loan shall be eligible for insurance under this chapter if all of the following conditions are met: (a) The loan shall be secured by a first mortgage, first…
- § 129051 (a) The department shall develop and implement a system for assessing the relative financial risk of the applicant. The system shall include, but is not…
- § 129052 A pledge by or to the department of, or the grant to the department of a security interest in, revenues, moneys, accounts, accounts receivable, contract…
- § 129055 In order to comply with subdivision (j) of Section 129050, any borrower that is certified for reimbursement for cost of care under Chapter 7 (commencing with…
- § 129060 Subdivisions (b) and (c) of Section 129355 shall apply to any residential or nonresidential alcoholism or drug abuse recovery or treatment program or facility,…
- § 129065 As part of its assurance under subdivision (j) of Section 129050, any borrower that is a general acute care hospital or acute psychiatric hospital shall agree…
- § 129070 In the event the borrower cannot demonstrate that it meets the requirement of Section 129055, it may nonetheless be eligible for a loan under this chapter if…
- § 129075 (a) Each borrower shall provide any reports as may be required of it by Part 5 (commencing with Section 128675), from which the department shall determine the…
- § 129080 The department may impose additional appropriate remedies and sanctions against a borrower when any of the following occurs: (a) The department determines that…
- § 129085 (a) If a borrower is unable to comply with subdivision (j) of Section 129050 due to selective provider contracting under the Medi-Cal program, and the…
- § 129087 The department shall develop and maintain a formal system of monitoring borrowers, in order to assist the department in detecting at the earliest possible date…
- § 129090 Pursuant to this chapter, political subdivisions and nonprofit corporations may apply for state insurance of needed construction, improvement, or expansion…
- § 129092 Notwithstanding any other provision of law, upon the application of a borrower for insurance, the department shall perform a feasibility study relating to the…
- § 129095 (a) The department shall not regulate, impose requirements on, or require approval by the department of a professional, or a fee charged by a professional,…
- § 129100 Every applicant for insurance shall be afforded an opportunity for a fair hearing before the committee upon 10 days’ written notice to the applicant. If the…
- § 129105 The department may upon application of the borrower insure any loan that is eligible for insurance under this chapter, and upon the terms prescribed by the…
- § 129110 Any contract of insurance executed by the department under this chapter shall be conclusive evidence of the eligibility of the loan for insurance and the…
ARTICLE 3. Defaults §§ 129125–129174.1 · 15 sections
- § 129125 In any case when the lender under a loan to a nonprofit corporation insured under this chapter shall have foreclosed and taken possession of the property under…
- § 129130 In any case when a political subdivision defaults on the payment of interest or principal accrued and due on bonds or other evidences of indebtedness insured…
- § 129135 Notwithstanding any requirement contained in this chapter relating to acquisition of title and possession of the project property by the lender and its…
- § 129140 Upon receiving notice of the default of any loan insured under this chapter, the department, in its discretion and for the purpose of avoiding foreclosure…
- § 129145 Notwithstanding any other provision of this chapter, after the department determines that the lender and borrower have exhausted all reasonable means of curing…
- § 129150 The department may at any time, under the terms and conditions that it may prescribe, consent to the lender’s release of the borrower from its liability under…
- § 129152 If a borrower fails to submit a required report, or upon any other default of any regulatory or contractual term or covenant, whether or not a default has been…
- § 129155 Debentures issued under this chapter shall be in the form and denomination, subject to the terms and conditions, and include provisions for redemption, if any,…
- § 129160 (a) (1) All debentures issued under this chapter to any lender or bondholder shall be executed in the name of the fund as obligor, shall be signed by the…
- § 129165 Notwithstanding any other provision of law relating to the acquisition, management or disposal of real property by the state, the department shall have power…
- § 129170 No lender or borrower shall have any right or interest in any property conveyed to the department or in any claim assigned to it, nor shall the department owe…
- § 129172 Notwithstanding any other provision of law, if, prior to foreclosing on any collateral provided by a borrower, the department institutes a judicial proceeding…
- § 129173 (a) In fulfilling the purposes of this article, as set forth in Section 129005, and upon making a determination that the financial status of a borrower may…
- § 129174 (a) In the event a borrower has defaulted in making its payments on the loan insured by the department to the lender or the borrower’s bond trustee, at any…
- § 129174.1 In the event an obligor on a loan insured by the department is the subject of an order for relief in bankruptcy and that a plan has been proposed for…
ARTICLE 4. Termination of Insurance §§ 129175–129185 · 3 sections
- § 129175 Should a borrower be more than 10 days delinquent in paying the premium charges or inspection fees for insurance under this chapter, the department shall…
- § 129180 The obligation to pay any subsequent premium charge for insurance shall cease, and all rights of the lender and the borrower under this chapter shall terminate…
- § 129185 The department is authorized to terminate any insurance contract upon joint request by the borrower and the lender and upon payment of a termination charge…
ARTICLE 5. Health Facility Construction Loan Insurance Fund §§ 129200–129215 · 4 sections
- § 129200 There is hereby established a Health Facility Construction Loan Insurance Fund, that shall be used by the department as a revolving fund for carrying out the…
- § 129205 Moneys in the fund not needed for the current operations of the department under this chapter shall be invested pursuant to law. The department may, with the…
- § 129210 (a) The department’s authorization to insure health facility construction, improvement, and expansion loans under this chapter shall be limited to a total of…
- § 129215 The Health Facility Construction Loan Insurance Fund, established pursuant to Section 129200, shall be a trust fund and neither the fund nor the interest or…
ARTICLE 5.5. Advisory Loan Insurance Committee §§ 129220–129221 · 2 sections
- § 129220 The department shall establish an Advisory Loan Insurance Committee which shall be comprised of nine members, eight of whom shall be appointed by the director…
- § 129221 The duties of the committee shall include, but not be limited to, the following: (a) The committee shall assist the director of the department in formulating…
ARTICLE 6. Community Mental Health Facilities Loan Insurance §§ 129225–129260 · 8 sections
- § 129225 This article shall be known as, and may be cited as, the Community Mental Health Facilities Loan Insurance Law.
- § 129230 It is the intent of the Legislature in enacting this article to encourage the development of facilities for community-based programs that assist mental health…
- § 129235 Loans of under three hundred thousand dollars ($300,000) for any single facility shall have priority for obtaining loan insurance under the special provisions…
- § 129240 The total amount of loans that may be insured pursuant to this article shall not exceed fifteen million dollars ($15,000,000).
- § 129245 No loan insurance shall be provided pursuant to this article for the purpose of providing psychiatric inpatient services in an acute psychiatric hospital or a…
- § 129250 The Legislative Analyst shall review and comment on the utilization and effectiveness of this article in the annual budget analysis and in hearings.
- § 129255 If, in construing Article 6 (commencing with Section 129225) of this chapter as applied to the other provisions of this chapter, any conflict arises, this…
- § 129260 If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs §§ 129275–129295 · 5 sections
- § 129275 This article shall be known, and may be cited, as the Small Facility Loan Guarantee for Programs Serving People with Developmental Disabilities.
- § 129280 The State of California has a compelling interest in the development of facilities for community-based programs that assist persons with a developmental…
- § 129285 (a) Loans of under three hundred thousand dollars ($300,000) for any single facility for six or fewer developmentally disabled shall have priority for…
- § 129290 If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
- § 129295 The department may insure, pursuant to this article, loans to nonprofit borrowers that are not licensed to operate the facilities for which the loans are…
ARTICLE 9. Rural Hospital Grant Program §§ 129325–129335 · 3 sections
- § 129325 It is the intent of the Legislature in enacting this article to assist rural hospitals that play a vital role in the health delivery system. The Legislature…
- § 129330 In each even-numbered year, the department shall contract for an actuarial study to determine the reserve sufficiency of funds in the Health Facility…
- § 129335 (a) In each odd-numbered year when the reserve balance in the fund is projected to be in excess of that actuarially needed, the department may, subject to…
ARTICLE 10. Community Health Center Facilities Loan Insurance §§ 129350–129355 · 2 sections
CHAPTER 4. Distressed Hospital Loan Program §§ 129380–129387 · 8 sections
- § 129380 (a) This program shall be known, and may be cited, as the Distressed Hospital Loan Program. (b) The purpose of this program is to provide interest-free…
- § 129381 For the purposes of this chapter, the following definitions apply: (a) “Authority” means the California Health Facilities Financing Authority. (b) “Closed…
- § 129382 (a) The department shall administer the program, subject to subdivision (d) of Section 129385, for purposes of this chapter. (b) The department shall enter…
- § 129383 (a) In collaboration with the State Department of Health Care Services, the Department of Managed Health Care, and the State Department of Public Health, the…
- § 129384 (a) Notwithstanding Sections 15432 and 15451.5 of the Government Code, unless subdivision (c) applies, a hospital shall be required to begin making monthly…
- § 129385 (a) The Distressed Hospital Loan Program Fund is hereby established in the State Treasury. The fund shall be administered by the department consistent with…
- § 129386 (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title…
- § 129387 This chapter shall remain in effect only until January 1, 2032, and as of that date is repealed.
PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION §§ 129675–130079 · 95 sections
CHAPTER 1. Health Facilities §§ 129675–130070 · 88 sections
ARTICLE 1. General Provisions §§ 129675–129680 · 2 sections
ARTICLE 2. Definitions §§ 129700–129745 · 10 sections
- § 129700 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 129705 “Architect” means a person who is certified and holds a valid license under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and…
- § 129710 “Construction or alteration” includes any construction, reconstruction, or alteration of, or addition to, any hospital building.
- § 129715 “Director” means the Director of the Department of Health Care Access and Development.
- § 129720 “Engineering geologist” means a person who is validly certified under Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions…
- § 129725 (a) (1) “Hospital building” includes any building not specified in subdivision (b) that is used, or designed to be used, for a health facility of a type…
- § 129730 (a) Space for the following functions shall be considered “outpatient clinical services,” when provided in a freestanding building that is separated from a…
- § 129735 “Light steel frame construction” means building construction using bearing walls composed of light gauge steel studs for its primary vertical support systems.
- § 129740 “Department” means the Department of Health Care Access and Information.
- § 129745 “Structural engineer” means a person who is validly certified to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3…
ARTICLE 3. General Requirements and Administration §§ 129750–129856 · 26 sections
- § 129750 The department shall observe the construction of, or addition to, any hospital building or the reconstruction or alteration of any hospital building, as it…
- § 129760 The governing board of each hospital or other hospital governing authority, before adopting any plans for the hospital building, shall submit the plans to the…
- § 129761 The department shall use, to the extent possible, information technology to facilitate the timely performance of its duties and responsibilities under this…
- § 129765 (a) Except as set forth in subdivision (b), the application for approval of the plans shall be accompanied by the plans, including full, complete, and accurate…
- § 129770 (a) The department shall pass upon and approve or reject all plans for the construction or the alteration of any hospital building, independently reviewing the…
- § 129775 (a) Except as otherwise provided in subdivision (b), plans submitted pursuant to this chapter for work that affects structural elements shall contain an…
- § 129780 The engineering investigation shall be correlated with the geologic evaluation made pursuant to Section 129775.
- § 129785 (a) (1) The department shall determine an application filing fee that will cover the costs of administering this chapter. For a hospital facility, as defined…
- § 129787 (a) The payment of the filing fee described in Section 129785 may be postponed by the department if all of the following conditions are met: (1) The proposed…
- § 129790 The department shall propose specific space, architectural, structural, mechanical, plumbing, and electrical standards for correctional treatment centers in…
- § 129795 All fees shall be paid into the State Treasury and credited to the Hospital Building Fund, that is hereby created and continuously appropriated without regard…
- § 129800 The director shall request the Department of Finance or the Auditor General to perform an audit of the uses of fees collected pursuant to Section 129785. This…
- § 129805 (a) All plans and specifications shall be prepared under the responsible charge of an architect or a structural engineer, or both. A structural engineer shall…
- § 129810 Before commencing any construction or alteration of any hospital building, the written approval of the necessary plans as to safety of design and construction,…
- § 129812 Notwithstanding any other provision of law, the department may utilize an over-the-counter plan review process.
- § 129815 Any permit or authorization issued or provided pursuant to this chapter shall be subject to Chapter 3 (commencing with Section 15374) of Part 6.7 of Division 3…
- § 129820 No contract for the construction or alteration of any hospital building, made or executed on or after January 1, 1983, by the governing board or authority of…
- § 129825 (a) The hospital governing board or authority shall provide for and require competent and adequate inspection during construction or alteration by an inspector…
- § 129830 From time to time, as the work of construction or alteration progresses and whenever the department requires, the architect or structural engineer, or both, in…
- § 129835 Upon written request to the department by the governing board or authority of any hospital, the department shall make, or cause to be made, an examination and…
- § 129840 Subsequent to the occurrence of any earthquake, the department may make, or cause to be made, studies of health facilities within the area involved.
- § 129850 Except as provided in Sections 18929 and 18930, the department shall from time to time make any regulations that it deems necessary, proper, or suitable to…
- § 129851 Written rules and regulations by the department to clarify the application of the California Building Standards Code pursuant to this chapter shall be made…
- § 129853 (a) The person or entity requesting a copy of construction documents maintained by the department shall bear the actual cost of producing the copy of those…
- § 129855 The department may enter into any agreements and contracts with any qualified person, department, agency, corporation, or legal entity, as determined by the…
- § 129856 (a) Contingent on an appropriation in the annual Budget Act, the department shall establish a program for training fire and life safety officers. The goal of…
ARTICLE 4. Special Requirements §§ 129875–129905 · 8 sections
- § 129875 Construction or alterations of buildings specified in paragraphs (2) and (3) of subdivision (b) of Section 129725 shall conform to the latest edition of the…
- § 129875.1 (a) Notwithstanding Section 129875, projects for the construction or alterations of buildings specified in paragraph (1) of subdivision (a) of Section 129725…
- § 129880 (a) The department may exempt from its plan review process construction or alteration projects for hospital buildings and buildings described in paragraphs (2)…
- § 129885 (a) A city or county, as applicable, shall have plan review and building inspection responsibilities for the construction or alteration of buildings described…
- § 129890 (a) Notwithstanding any other provision of law, the department shall, on or before January 1, 1991, set forth and implement criteria for the alteration or…
- § 129895 (a) The department shall adopt by regulations seismic safety standards for hospital equipment anchorages, as defined by the department, to include, but not be…
- § 129900 Notwithstanding any other provision of law, plans for the construction or alteration of any hospital building, or any building specified in Section 129875,…
- § 129905 Subject to the complete exemption contained in paragraphs (6) and (7) of subdivision (b) of Section 129725, and notwithstanding any other provision of law,…
ARTICLE 5. Building Safety Board §§ 129925–129960 · 10 sections
- § 129925 There is in the department a Hospital Building Safety Board that shall be appointed by the director. The board shall advise the director and, notwithstanding…
- § 129930 The board shall consist of 16 members appointed by the director of the department. Of the appointive members, two shall be structural engineers, two shall be…
- § 129932 (a) Each member shall be appointed by the director for a term of four years and shall hold office until the appointment and qualification of his or her…
- § 129935 Appointive members, except for the public members, shall be qualified by close connection with hospital design and construction and highly knowledgeable in…
- § 129940 (a) There shall be six ex officio members of the board, who shall be the director of the department, the State Fire Marshal, the State Geologist, the Executive…
- § 129942 (a) Only appointed members shall vote at board meetings. (b) Appointed members, ex officio members, and others appointed to a committee, including an appeal…
- § 129945 The chair of the board shall be an appointive member and shall be elected by a majority of the appointive members.
- § 129950 The board shall be served by an executive director who shall be a member of the department staff.
- § 129955 The Building Safety Board shall convene upon request of the chairperson thereof. The chairperson may convene a meeting of the board whenever it may be…
- § 129960 Members of the board shall be reimbursed from the Hospital Building Account in the Architecture Public Building Fund for their reasonable actual expenses in…
ARTICLE 6. Enforcement §§ 129975–129990 · 4 sections
- § 129975 The director of the department may conduct studies relating to the implementation of this chapter to ensure that the implementation of its provisions results…
- § 129980 Whenever any construction or alteration of any hospital building is being performed contrary to the provisions of this chapter, the department may order the…
- § 129985 (a) Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter or whenever the department or its authorized…
- § 129990 The department may order the vacating of any building or structure found to have been in violation of the adopted regulations of the department and may order…
ARTICLE 7. Penalties § 129998 · 1 section
- § 129998 (a) Any person who violates any provision of this chapter is guilty of a misdemeanor. (b) This section shall not apply to correctional treatment centers. This…
ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals §§ 130000–130025 · 7 sections
- § 130000 (a) The Legislature hereby finds and declares the following: (1) The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 was created because of…
- § 130002 (a) The Legislature finds and declares all of the following: (1) Following a major earthquake, Californians will rely on their community hospitals to provide…
- § 130005 By June 30, 1996: (a) The Department of Health Care Access and Information, hereinafter called the department, shall develop definitions of earthquake…
- § 130006 (a) A hospital building that is classified as SPC-2 shall be identified as “These buildings do not significantly jeopardize life, but may not be repairable or…
- § 130010 The department is responsible for reviewing and approving seismic evaluation reports, compliance schedules and construction documents that are developed by…
- § 130020 (a) By December 31, 1996, the California Building Standards Commission shall review, revise as necessary and adopt earthquake performance categories, seismic…
- § 130025 (a) In the event of a seismic event, or other natural or manmade calamity that the department believes is of a magnitude so that it may have compromised the…
ARTICLE 9. Hospital Owner Responsibilities §§ 130050–130070 · 20 sections
- § 130050 (a) Within three years after the adoption of the standards described in Section 130020, owners of all general acute care hospitals shall: (1) Conduct seismic…
- § 130055 On and after July 1, 2023, general acute hospital building owners shall do both of the following annually until each of the hospital buildings owned by that…
- § 130060 (a) (1) After January 1, 2008, a general acute care hospital building that is determined to be a potential risk of collapse or pose significant loss of life…
- § 130061 (a) An owner of a general acute care hospital building that is classified as a nonconforming Structural Performance Category-1 (SPC-1) building, who has not…
- § 130061.5 (a) The Legislature finds and declares the following: (1) By enacting this section, the Legislature reinforces its commitment to ensuring the seismic safety of…
- § 130062 (a) For the purposes of this section, the following terms have the following meanings: (1) “Rebuild plan” means a plan to meet seismic standards primarily by…
- § 130063 (a) With regard to a general acute care hospital building located in Seismic Zone 3 as indicated in the 1995 edition of the California Building Standards Code,…
- § 130063.1 Notwithstanding Section 130063, a county-owned general acute care hospital building is allowed an extension of the Non-structural Performance Category-2…
- § 130063.2 Notwithstanding Section 130063, an existing county-owned general acute care hospital building may receive a one-year extension of the January 1, 2002, deadline…
- § 130064 (a) In lieu of the extension described in subdivision (f) of Section 130060, the department may grant an extension to a general acute care hospital pursuant to…
- § 130065 (a) In accordance with the compliance schedule approved by the department, but in any case no later than January 1, 2030, owners of all acute care inpatient…
- § 130065.1 (a) For purposes of this article, the following definitions shall apply: (1) “Critical access hospital” means a hospital designated by the State Department of…
- § 130065.15 The department shall annually post a list of hospitals that have been granted a delay of the January 1, 2030, deadline described in Section 130065 pursuant to…
- § 130066 Before January 1, 2020, the owner of an acute care inpatient hospital whose building does not substantially comply with the seismic safety regulations or…
- § 130066.5 (a) Before January 1, 2024, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with the seismic safety…
- § 130067 (a) Notwithstanding any other law, including, but not limited to Sections 130060 and 130061, the office may waive the requirements for the Seton Medical Center…
- § 130068 (a) Notwithstanding any other law, including, but not limited to, Sections 130060 and 130061, the department may waive the requirements of this chapter, in…
- § 130069 (a) Notwithstanding any other law, including, but not limited to, Sections 130060 and 130061, the department may waive the requirements of this chapter, in…
- § 130069.1 (a) Notwithstanding any other law, the Children’s Hospital Los Angeles, referenced in subdivision (c) of Section 10727 of the Welfare and Institutions Code,…
- § 130070 The department shall notify the State Department of Public Health of the hospital owners that have received a written notice of violation for failure to comply…
CHAPTER 1.5. Small and Rural Hospital Relief Program §§ 130075–130079 · 7 sections
- § 130075 The Small and Rural Hospital Relief Program is hereby established under the administration of the Department of Health Care Access and Information for the…
- § 130076 For purposes of this chapter: (a) “Department” means the Department of Health Care Access and Information. (b) “Fund” means the Small and Rural Hospital Relief…
- § 130077 (a) The Small and Rural Hospital Relief Fund is hereby established in the Treasury. (b) Notwithstanding Section 13340 of the Government Code, all moneys in the…
- § 130078 (a) The department shall provide a grant to a qualified applicant that meets both of the following criteria: (1) Seismic safety compliance imposes a financial…
- § 130078.5 (a) The department shall expand eligibility for grants for single- and two-story general acute care hospitals located in rural areas with fewer than 80 general…
- § 130078.6 (a) If state funds are appropriated to the Small and Rural Hospital Relief Fund in the future for the purpose of complying with Section 130065, before being…
- § 130079 The department may adopt regulations necessary to implement this chapter.