text:
“Secured creditor insurance” means insurance made available to an insured that covers all of the following:

(a) Response costs at a site incurred by the lender after a default by the borrower or foreclosure by the lender that occurs as a result of a pollution condition at the site, and the costs are reasonably necessary to remediate the site for its intended use so that it can be sold.

(b) Damages or other liability for a pollution condition at a site incurred by a lender as a result of that lender exercising a foreclosure option.

(c) Loss or damages incurred by a lender as a result of a borrower’s inability to satisfy a loan obligation or due to the existence of an unforeseen and unexpected pollution condition.

(d) A duty to defend and pay for defense costs in an amount at least up to the amount of coverage available under the policy, irrespective of whether an administrative or judicial order requires the insured to compensate any party or pay for the loss, damages, or liability, so long as there exists a reasonably quantifiable legal obligation to pay damages.

article: 1. Definitions


kind: section

code: HSC

text: “Self-insured retention amount” means response action costs in excess of the estimated response action costs that have been accepted and approved by the insurer that the insured is obligated to pay before being eligible to make a claim of an insurer under a cost overrun insurance policy.

history: (History: Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)

division: 45. HAZARDOUS SUBSTANCE RESPONSE

part: 2. HAZARDOUS SUBSTANCE ACCOUNT

article: 1. Definitions

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 11. California Financial Assurance and Insurance for Redevelopment Program > 1. Definitions


text:
(a) The secretary shall solicit proposals for a package of environmental insurance products from insurance companies through a competitive bidding process.

(b) (1) The request for proposal prepared by the secretary shall identify the objectives of this chapter and the specific types and coverage limits of the insurance products desired, including endorsements and exclusions.

(2) The request for proposal shall require that the proposal allow a purchaser the opportunity to pay for additional coverage without losing the lower transaction costs structure of the prenegotiated policy.

(c) The secretary shall hold at least one public workshop in both the northern and the southern part of the state to present and solicit comments on the request for proposal prior to receiving any proposals.

article: 2. Environmental Insurance Products

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 11. California Financial Assurance and Insurance for Redevelopment Program > 2. Environmental Insurance Products


text:
The secretary shall evaluate the extent to which each proposal submitted pursuant to Section 80750 meets the objectives of the request for proposal and shall also evaluate each proposal and interested party using all of the following factors:

(a) Product pricing.

(b) Claims history.

(c) Underwriting history.

(d) Company financial strength and size.

(e) Scope of policy coverages, including endorsements and exclusions.

(f) Marketing and distribution of the insurance products.

(g) Any other factor that the secretary determines will affect the ability of the selected insurance company to meet the requirements of this chapter and provide the environmental insurance products in the most effective and efficient manner and at the least cost to the state and to persons seeking that insurance.

chapter: 11. California Financial Assurance and Insurance for Redevelopment Program

article: 2. Environmental Insurance Products


text:
(a) The secretary shall select one or more insurance companies that have submitted a proposal pursuant to Section 80750 to be the exclusive state-designated provider of environmental insurance under this chapter for a period of three years from the date of selection.

(b) The secretary shall select a company that, in the secretary’s determination, has submitted a proposal that best meets the requirements of this chapter and the objectives stated in the request for proposal at the best possible price.

article: 2. Environmental Insurance Products


text: Every three years, the secretary shall repeat the competitive bidding process specified in this article.

article: 2. Environmental Insurance Products


text:
(a) An insurance company selected to provide prenegotiated environmental insurance products pursuant to Section 80760 shall offer this prenegotiated package of insurance products to any interested recipient of a loan under the CLEAN Program.

(b) The insurance company shall also offer the environmental insurance products made available under this chapter to any other person who conducts a response action in the state.

article: 2. Environmental Insurance Products


text: The secretary shall implement this article in consultation with representatives of other appropriate state agencies, including the Business, Transportation and Housing Agency, the Office of Planning and Research, the Pollution Control Financing Authority, the Department of Insurance, the state board, the department, and with other interested parties, including developers, lenders, insurers, and representatives from environmental organizations.

article: 2. Environmental Insurance Products


text: The secretary shall implement this article in a manner that is consistent with the requirements for state procurement of services set forth in Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code.

article: 2. Environmental Insurance Products


text: The secretary shall expend the funds from the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350 that are made available in the annual Budget Act for expenditure to subsidize the cost of the environmental insurance products offered by the insurance company selected pursuant to Section 80760, in accordance with Section 80805.

article: 3. Subsidies

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 11. California Financial Assurance and Insurance for Redevelopment Program > 3. Subsidies


text:
The secretary shall provide the following subsidies, in accordance with the application process specified in this article, from the funds made available pursuant to Section 80800:

(a) Up to 50 percent of the cost of the premiums for the environmental insurance products provided pursuant to Section 80770.

(b) (1) Up to 80 percent of the self-insured retention amount of the cost overrun insurance provided pursuant to Section 80770, up to a maximum of five hundred thousand dollars ($500,000).

(2) The secretary may expend the funds available to pay a portion of the self-insured retention amount of the cost overrun insurance provided pursuant to Section 80770 only under all of the following conditions:

(A) The insured demonstrates that it exercised reasonably prudent business judgment in insuring the cost overrun, consistent with an attempt to minimize the incurred costs, and incurred the costs through no fault of its own.

(B) The insured pays, at a minimum, the first 20 percent of the self-insured retention amount.

(C) The secretary determines that the amount of the payment is in the best interests of the state, taking into account the environmental and economic benefits of the specified project, as compared to the benefit of conserving funds for assistance at other sites.

article: 3. Subsidies


text:
(a) Any person who is conducting a response action at an eligible property under the oversight of the department or a regional board and who purchases the prenegotiated environmental insurance products from the insurance company selected pursuant to Section 80760 may apply to the secretary for the subsidies that are made available pursuant to this article.

(b) To the extent that the funds that are made available in the annual Budget Act for expenditure to subsidize the cost of the environmental insurance products provided pursuant to this chapter are available, an applicant is eligible for a subsidy in the order in which the applicant’s application is received.

article: 3. Subsidies


text: An applicant for a subsidy made available pursuant to this article shall provide the secretary with all information necessary to demonstrate to the secretary that the applicant is eligible to receive a subsidy.

article: 3. Subsidies


text: The state and the Cleanup Loans and Environmental Assistance to Neighborhoods Account do not have any obligation to provide funds to any person that applies for a subsidy pursuant to this chapter.

article: 3. Subsidies


text: The secretary shall provide an applicant with a subsidy only to the extent that money in the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to Section 80350 has been reserved in the annual Budget Act for the purpose of providing environmental insurance and the money that has been reserved for this purpose is available.

article: 3. Subsidies


text:
Notwithstanding any other provision of law, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions or their employees, shall not be liable to any person for any of the following:

(a) Any acts or omissions by the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions or their employees, in implementing this chapter.

(b) Any acts or omissions by an insurance company selected to provide prenegotiated environmental insurance products pursuant to Section 80760.

(c) Any acts or omissions by any person that purchases a prenegotiated environmental insurance product made available pursuant to this chapter.

article: 4. Liability

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 11. California Financial Assurance and Insurance for Redevelopment Program > 4. Liability


text:
The immunity from liability set forth in Section 80840 specifically includes, but is not limited to, immunity if an insurance company selected to provide prenegotiated environmental insurance products pursuant to Section 80760 does any of the following:

(a) Cancels, rescinds, or otherwise terminates its contract with the secretary.

(b) Fails, for any reason, to compensate an insured for a loss covered by a policy.

(c) Delays payment to an insured, or otherwise breaches a duty or covenant imposed by law or required by a policy or contract with an insured that purchased an environmental insurance product pursuant to this chapter.

article: 4. Liability


text: The immunity set forth in this article is in addition to other immunities and defenses otherwise available to the agency, the secretary, the state, their respective employees and agents, and any of the state’s political subdivisions and employees thereof.

article: 4. Liability


text:
In implementing this chapter, the agency, the secretary, the state, their respective employees and agents, and any of the state’s other political subdivisions and employees thereof, may not:

(a) Be construed to be an insurer, as defined in Section 23 of the Insurance Code, an insurance agent, as defined in Sections 31 and 1621 of the Insurance Code, an insurance solicitor, as defined in Sections 34 and 1624 of the Insurance Code, or an insurance broker, as defined in Sections 33 and 1623 of the Insurance Code.

(b) Be construed to be transacting insurance, as defined in Section 35 of the Insurance Code.

(c) Be required to obtain a license or other authorization pursuant to any provision of the Insurance Code.

article: 4. Liability


text:
(a) The agency may adopt regulations to implement this chapter pursuant to this section.

(b) (1) The regulations adopted to implement this chapter shall be deemed to be emergency regulations for purposes of Section 11346.1 of the Government Code.

(2) Notwithstanding the time period specified in subdivision (e) of Section 11346.1 of the Government Code, those emergency regulations may remain in effect for up to 180 days.

article: 5. Regulations

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 11. California Financial Assurance and Insurance for Redevelopment Program > 5. Regulations


text:
(a) Claims approved by the Department of General Services pursuant to this chapter shall be paid from the state account.

(b) The Legislature may appropriate up to two million dollars ($2,000,000) annually from the state account to be used by the Department of General Services for the payment of awards pursuant to this chapter.

(c) Claims against or presented to the Department of General Services shall not be paid in excess of the amount of money appropriated for this purpose from the state account. These claims shall be paid only when additional money is collected, appropriated, or otherwise added to that account.

chapter: 12. Compensation

article: 1. Financial Provisions

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 12. Compensation > 1. Financial Provisions


text: The Department of General Services may expend from the state account those sums of money as are reasonably necessary to administer and carry out this chapter.

article: 1. Financial Provisions


text:
Any person may apply to the Department of General Services, pursuant to Section 80925, for compensation of a loss caused by the release, in California, of a hazardous substance if any of the following conditions are met:

(a) The source of the release of the hazardous substance, or the identity of the party liable for damages in connection with the release or responsible for the costs of removal of the hazardous substance, is unknown or cannot, with reasonable diligence, be determined.

(b) The loss was not compensable pursuant to law, including Chapter 6.5 (commencing with Section 25100) of Division 20, because there is no liable party or the judgment could not be satisfied, in whole or part, against the party determined to be liable for the release of the hazardous substance.

(c) The person has presented a written demand for compensation, which sets forth the basis for the claim, to the party that the person reasonably believes is liable for a loss specified in subdivision (a) of Section 80940 that was incurred by that person and is compensable pursuant to this chapter, the person has presented the Department of General Services with a copy of the demand, and, within 60 days after presenting the demand, the party has either rejected, in whole or in part, the demand to be compensated for a loss specified in subdivision (a) of Section 80940, or has not responded to the demand. Only losses specified in subdivision (a) of Section 80940 are compensable under a claim filed pursuant to this subdivision.

article: 2. Claims for Compensation

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 12. Compensation > 2. Claims for Compensation


text:
(a) The Department of General Services shall prescribe appropriate forms and procedures for claims filed pursuant to this chapter, which shall include, as a minimum, all of the following:

(1) A provision requiring the claimant to make a sworn verification of the claim to the best of the claimant’s knowledge.

(2) A full description, supported by appropriate evidence from government agencies of the release of the hazardous substance claimed to be the cause of the physical injury or illness or loss of income.

(3) Certification by the claimant of dates and places of residence for the five years preceding the date of the claim.

(4) Certification of the medical history of the claimant for the five years preceding the date of the claim, along with certification of the alleged physical injury or illness and expenses for the physical injury or illness. The certification shall be made by hospitals, physicians, or other qualified medical authorities.

(5) The claimant’s income as reported on the claimant’s federal income tax return for the preceding three years in order to compute lost wages or income.

(b) Any person who knowingly gives, or causes to be given, any false information as a part of any claim pursuant to this chapter shall be guilty of a misdemeanor and shall, upon conviction, be fined up to five thousand dollars ($5,000), or imprisoned for not more than one year, or both.

article: 2. Claims for Compensation


text: No claim may be presented to the Department of General Services pursuant to this chapter later than three years from the date of discovery of the loss or from January 1, 1982, whichever is later.

article: 2. Claims for Compensation


text:
If the Department of General Services makes the determination, specified in Section 80945, that losses resulted from the claimant’s damages, injury, or disease, only the following losses are compensable pursuant to this chapter:

(a) One hundred percent of uninsured, out-of-pocket medical expenses, for up to three years from the onset of treatment.

(b) Eighty percent of any uninsured, actual lost wages, or business income in lieu of wages, caused by injury to the claimant or the claimant’s property, not to exceed fifteen thousand dollars ($15,000) per year for three years.

(c) (1) One hundred percent of uninsured, out-of-pocket expenses for remedial action on the claimant’s property undertaken to address a release of a hazardous substance when all of the following apply:

(A) The claimant’s property is an owner-occupied single-family residence.

(B) The remedial action was ordered by federal, state, or local authorities due to a release of a hazardous substance.

(C) The department makes one of the following determinations:

(i) The release of the hazardous substance originated outside the boundaries of the property.

(ii) The release of the hazardous substance occurred on the property, was the result of an action that violated state or federal law, and the responsible party cannot be identified or cannot be located, or a judgment against the responsible party cannot be satisfied.

(2) The maximum compensation under this subdivision is limited to twenty-five thousand dollars ($25,000) per residence and to one hundred thousand dollars ($100,000) for five contiguous residential properties. Any compensation provided shall be reduced by the amount that the remedial action results in a capital improvement to the claimant’s residence.

(d) (1) One hundred percent of the fair market value of owner-occupied real property that is rendered permanently unfit for occupancy because of the release of a hazardous substance.

(2) For purposes of this subdivision, real property is rendered permanently unfit for occupancy only if a state or federal agency requires that it be evacuated for a period of six or more months because of the release of a hazardous substance.

(3) The fair market value of the real property shall be determined by an independent appraiser, and shall be considered by the independent appraiser as being equal to the value of the real property prior to the release of the hazardous substance that caused the evacuation of the property.

(4) Where compensation is made by the Department of General Services pursuant to this subdivision, sole ownership of the real property shall be transferred to the state and any proceeds resulting from the final disposition of the real property shall be deposited into the state account, for expenditure by the department upon appropriation by the Legislature.

(5) To be eligible for compensation pursuant to this subdivision, claims for compensation shall be made within 12 months of the date on which the evacuation was ordered.

(e) (1) One hundred percent of the expenses incurred due to the evacuation of a residence ordered by a state or federal agency.

(2) For purposes of this subdivision, “evacuation expenses” include the cost of shelter and any other emergency expenditures incurred due to an evacuation ordered by a state or federal agency.

(3) The Department of General Services may provide compensation, pursuant to this subdivision, only if it finds that the evacuation expenses represent reasonable costs for the goods or services purchased, and would not have been incurred if an evacuation caused by a hazardous substance release had not occurred.

(4) The Department of General Services may provide compensation for these evacuation expenses only if they were incurred within 12 months from the date on which evacuation was ordered.

article: 3. Compensable Losses

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 12. Compensation > 3. Compensable Losses


text:
A loss specified in Section 80940 is compensable if the Department of General Services makes all of the following findings, based upon a preponderance of the evidence:

(a) A release of a hazardous substance occurred.

(b) The claimant or the claimant’s property was exposed to the release of the hazardous substance.

(c) The exposure of the claimant to the release of the hazardous substance was of such a duration, and to such a quantity of the hazardous substance, that the exposure caused the damages, injury, or disease that resulted in the claimant’s loss.

(d) For purposes of subdivisions (d) and (e) of Section 80940, the hazardous substance release, or the order that resulted in the claim for compensation, occurred on or after January 1, 1986.

(e) The conditions and requirements of this chapter, including, but not limited to, the conditions of Sections 80920 and 80925, have been met.

article: 3. Compensable Losses


text: No money shall be used for the payment of any claim authorized by this part, where the claim is the result of long-term exposure to ambient concentrations of air pollutants.

article: 3. Compensable Losses


text:
(a) Except as specified in subdivision (b), the procedures specified in Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and in Section 11513 of, the Government Code apply to the proceedings conducted by the Department of General Services pursuant to this chapter.

(b) Notwithstanding subdivision (a), Sections 801, 802, 803, 804, and 805 of the Evidence Code apply to the proceedings conducted by the Department of General Services pursuant to this chapter.

(c) The Department of General Services may consider evidence presented by any person against whom a demand was made pursuant to subdivision (c) of Section 80920. The evidence presented by that person shall become a part of the record upon which the Department of General Services shall base its decision.

article: 4. Claim Proceedings

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 12. Compensation > 4. Claim Proceedings


text:
(a) All decisions rendered by the Department of General Services shall be in writing, with notification to all appropriate parties, and shall be rendered within 90 days of submission of a claim to the Department of General Services unless all the parties to the claim agree in writing to an extension of time.

(b) The decision shall be considered a final agency action for the purposes of judicial review of the decision by any party to the proceedings resulting in the decision.

article: 4. Claim Proceedings


text: Nothing in this chapter shall require, or be deemed to require, pursuit of any claim against the Department of General Services as a condition precedent to any other remedy.

article: 5. Relationship to Other Remedies

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 12. Compensation > 5. Relationship to Other Remedies


text:
(a) Compensation of any loss pursuant to this chapter shall preclude indemnification or reimbursement from any other source for the identical loss, and indemnification or reimbursement from any other source shall preclude compensation pursuant to this chapter.

(b) If a claimant recovers any compensation from a party in a civil or administrative action for a loss for which the claimant has received compensation pursuant to this chapter, the claimant shall reimburse the state account in an amount equal to the compensation that the claimant has received from the state account pursuant to this chapter. The Attorney General may bring an action against the claimant to recover the amount that the claimant is required to reimburse the state account, and until the account is reimbursed, the state shall have a lien of first priority on the judgment or award recovered by the claimant. If the state account is reimbursed pursuant to this subdivision, the state shall not acquire, by subrogation, the claimant’s rights pursuant to Article 7 (commencing with Section 81030).

(c) The Legislature hereby finds and declares that it is the purpose of this section to prevent double recovery for a loss compensable pursuant to this chapter.

article: 5. Relationship to Other Remedies


text:
(a) The following evidence is not admissible as evidence in any civil or criminal proceeding, including a subrogation action by the state pursuant to Article 7 (commencing with Section 81030), to establish the liability of any person for any damages alleged to have been caused by a release of a hazardous substance:

(1) A final decision made by the Department of General Services pursuant to this chapter.

(2) A decision made by the Department of General Services to admit or not admit any evidence.

(3) Any finding of fact or conclusion of law entered by the Department of General Services in a proceeding for a claim pursuant to this chapter.

(4) The fact that any person has done any of the following in a proceeding for a claim pursuant to Section 80920:

(A) Chosen to participate or appear.

(B) Chosen not to participate or appear.

(C) Failed to appear.

(D) Settled or offered to settle the claim.

(b) Subdivision (a) does not apply to any civil action or writ by a claimant against the Department of General Services for any act, decision, or failure to act on a claim submitted by the claimant.

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 12. Compensation > 6. Nonadmissibility of Evidence in Other Proceedings


text: Compensation of any loss pursuant to this chapter shall be subject to the state’s acquiring, by subrogation, all rights of the claimant to recover the loss from the party determined to be liable for the loss.

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 12. Compensation > 7. State Recovery from Party Liable for the Loss


text: Upon the request of the Department of General Services, the Attorney General shall commence an action in the name of the people of the State of California to recover any amount paid in compensation for any loss pursuant to this chapter against any party who is liable to the claimant for any loss compensable pursuant to this chapter in accordance with the procedures set forth in Chapter 8 (commencing with Section 79650).

article: 7. State Recovery from Party Liable for the Loss


text: Moneys recovered pursuant to this article shall be deposited in the state account.


text: The Department of General Services shall, in consultation with the department, adopt, and revise when appropriate, all rules and regulations necessary to implement this chapter, including methods that provide for establishing that a claimant has exercised reasonable diligence in satisfying the conditions specified in Articles 3 (commencing with Section 80940) and 4 (commencing with Section 80970) and Sections 80920 and 80925, and regulations that specify the proof necessary to establish a loss compensable pursuant to this chapter.

article: 8. Implementing Rules and Regulations

path: 45. HAZARDOUS SUBSTANCE RESPONSE > 2. HAZARDOUS SUBSTANCE ACCOUNT > 12. Compensation > 8. Implementing Rules and Regulations


text: There is in the state government in the California Health and Human Services Agency, a State Department of Health Services which, effective July 1, 2007, is hereby renamed the State Department of Health Care Services. Commencing July 1, 2007, any reference in this chapter, in Chapter 1.5 (commencing with Section 100145), or in Article 1 (commencing with Section 100150) of Chapter 2 to the State Department of Health Services is deemed to, instead, refer to the State Department of Health Care Services with regard to functions not transferred to the State Department of Public Health. Commencing July 1, 2007, all the duties, powers, purposes, responsibilities, and jurisdiction of the former State Department of Health Services not vested in the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050) of Part 1 of Division 112, shall be retained by, and thereafter be performed by, the renamed State Department of Health Care Services.

history: (History: Amended by Stats. 2006, Ch. 241, Sec. 13. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)

division: 101. ADMINISTRATION OF PUBLIC HEALTH

chapter: 1. Organization of the Department

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 1. Organization of the Department


text:
(a) The department is under the control of an executive officer known as the Director of Health Care Services, who shall be appointed by the Governor, subject to confirmation by the Senate, and hold office at the pleasure of the Governor.

(b) The director shall receive the annual salary provided by Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.

(c) Upon recommendation of the director, the Governor may appoint not to exceed two chief deputies of the department, subject to confirmation by the Senate, who shall hold office at the pleasure of the Governor. The salaries of the chief deputies shall be fixed in accordance with law.

history: (History: Amended by Stats. 2007, Ch. 483, Sec. 19.5. Effective January 1, 2008.)

part: 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES


text: The director shall have the powers of a head of the department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)


text: There is in the department a Division of Rural Health. The division shall administer Chapter 3 (commencing with Section 124550) and Chapter 4 (commencing with Section 124575) of Part 4 of Division 106, Section 101300, and Article 1 (commencing with Section 124600) of Chapter 5 of Part 4 of Division 106.


text: All officers or employees of the department employed after July 1, 1978, shall be appointed by the director.


text:
Notwithstanding any other provision of state law, the department shall develop a proposal for consolidation of various programs affecting the health of mothers and children. The department, in developing the proposal, shall consult with the State Maternal Child and Adolescent Health Board, the California Conference of Local Health Officers, the California State Association of Counties, the Primary Care Clinic Advisory Committee, and other organizations interested in health services for women and children, as determined by the department, that shall assist it in identifying waivers of state and federal requirements that would be necessary to implement the proposal. The proposal shall consider administrative cost savings that may result from this consolidation. The department shall obtain waivers from state and federal requirements that the department determines are necessary to make the proposal viable. Any problem in obtaining the waivers shall be reported to the Legislature with the proposals. The department shall submit its proposal to the Legislature on or before January 1, 1984. Programs may include, but need not be limited to, the following:

(a) California Children’s Services.

(b) WIC—Special Supplemental Food.

(c) Child Health and Disability Prevention.

(d) California Immunization Assistance Program.

(e) Children and Youth Project.

(f) Dental Disease Prevention.

(g) Rural Health.

(h) Indian Health.

(i) Pediatric Renal Failure Centers.

(j) Prepaid Health Plans.

(k) Family Planning.

( l) Infant Medical Dispatch Centers Program.

(m) Childhood Lead Program.

(n) Tuberculosis Control Program.

(o) Venereal Disease.

(p) SSI Disabled Children’s Program.

(q) Other maternal and child health programs, including, but not limited to, the following:

(1) Sickle Cell.

(2) Prenatal Testing.

(3) Tay Sachs.

(4) Huntington’s Disease.

(5) Prenatal Access.

(6) High Risk Followup.

(7) O.B. Access.

(8) Perinatal Health Clinics.

(9) Primary Care Clinics.

(10) Maternal and Child Health Grants.

Consolidation may include combining two or more specialized programs or the development of a single planning, evaluation, budgeting and reporting process for two or more programs that share a common target population. The department may submit more than one proposal for consolidation if two or more groupings of programs merit consolidation.

Each proposal shall be developed after a review by the department of consolidation efforts proposed or developed by the counties. In the design of the proposal, the department shall consider how state level plans may assist further development of these local efforts.

The department shall consult with the Department of Finance to develop a simplified budget and reporting format for programs that are recommended for consolidation.

The Department of Finance shall make modifications in the California Fiscal Information System as it deems necessary to accommodate the proposed program consolidation.

The office shall consult with the department with respect to the implementation of this section. The office shall incorporate recommendations for the consolidation of maternal, child, and adolescent health services in applicable policy plans adopted after January 1, 1983.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 301.1. Effective September 29, 1996.)


text:
Each state level consolidation proposal shall include plans for the development of the following:

(a) Common eligibility standards for programs included within the consolidated proposal, or, if federal law requires different eligibility standards for these programs, a common method for determining eligibility.

(b) A single form for the collection of necessary data from individuals, or a uniform format shared by all programs included in the consolidated proposal.

(c) A single form for reporting service delivery to the state.

(d) Shared plans, budgets, and fiscal accountability mechanisms, including audit procedures.

(e) Common intake points for services included in the consolidated system, that include eligibility determination, referral services, and follow through.

(f) A unified case management system.

(g) A method of determining the needs of, and developing services for, special populations.

(h) Implementation plans that propose solutions to any identified significant barriers or gaps in service.


text: The director may seek and grant waivers that the department determines are reasonably necessary for the implementation of the department’s proposed consolidations.


text: It is the intent of the Legislature that the duties and responsibilities provided for in Sections 100125 and 100130 be accomplished by utilizing existing staff resources, and that no additional funding be provided other than that appropriated by the Legislature in the annual Budget Act.


text:
The Legislature finds and declares that for older persons and persons with disabilities all of the following apply:

(a) Long-term care consumers experience great differences in service levels, eligibility criteria and service availability that often results in inappropriate and expensive care that is not responsive to individual needs.

(b) Individuals requiring long-term care services are most often the best judges of their own needs. Consequently, they should share the responsibility for designing the overall long-term care delivery system.

(c) The laws governing long-term care facilities have established an uncoordinated array of long-term care services that are funded and administered by a state structure that lacks necessary integration and focus.

(d) Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code sets forth the state’s public policy strategy to address this problem through an approach that provides the opportunity for a community to design and implement a coordinated services delivery system with the involvement of long-term care consumers in the decisionmaking process.

(e) The Long-Term Care Integration Pilot Projects were developed to test models for service integration, with the goal of providing a continuum of social and health services that foster independence and self-reliance, maintain individual dignity, and allow consumers of long-term care services to remain an integral part of their family and community life.

(f) The adoption of the Mello-Granlund Older Californians Act (Division 8.5 (commencing with Section 9000) of the Welfare and Institutions Code) sought to improve the integration of available services at the local level and enhance the development of systems of home and community-based services.

(g) Obstacles currently preventing the integration of long-term care programs and oversight at the state level include all of the following: inflexible and inconsistent funding sources, economic incentives that encourage the placement of consumers in the highest levels of care, lack of coordination between aging, health, and social service departments at the state level, and inflexible state and federal regulations.

(h) It is both necessary and urgent to restructure long-term care programs and oversight at the state level so that duplicative and confusing eligibility criteria, assessments, intake forms, and service limitations will not continue to inhibit consumer satisfaction, impede improvements in consumer health status, and perpetuate the ineffective use of state resources.

history: (History: Added by Stats. 1997, Ch. 269, Sec. 1. Effective January 1, 1998.)

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 1.5. Health and Welfare Agency Report on Long-Term Care


text:
For purposes of this chapter, the following definitions shall apply:

(a) “Long-term care” means a coordinated continuum of preventive, diagnostic, therapeutic, rehabilitative, supportive, and maintenance services that address the health, social and personal needs of older individuals and functionally-impaired adults who have restricted self-care capabilities. Long-term care may include licensed nursing facilities, adult residential care facilities, residential care facilities for the elderly, and home and community-based services.

(b) “Systems of home and community based services” means an integrated continuum of service options available locally to older individuals and functionally-impaired adults through programs administered by the state for persons who seek to maximize self-care and independent living in the home or home-like environment.

chapter: 1.5. Health and Welfare Agency Report on Long-Term Care


text:
The State Department of Health Services succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Department of Health as they relate to public health, licensing and certification of health facilities, except community care facility licensing to which the State Department of Social Services succeeds, and any other functions performed by the Division of Public Health of the State Department of Health on July 1, 1978, unless the function is transferred to a different state agency or department as a result of another provision of the statutes of the 1977–78 Regular Session of the Legislature amending this section.

“State department,” “department,” or “State Department of Health” as used in this code, except in Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 or as otherwise specified in this code, means the State Department of Health Services.

The Office of Statewide Health Planning and Development shall assume the functions and responsibilities of the Facilities Construction Unit of the former State Department of Health, including, but not limited to, those functions and responsibilities performed pursuant to the following provisions of law: Sections 13113 and 127050; Article 1 (commencing with Section 129000) of Chapter 1 of, and Chapter 2 (commencing with Section 129375) of, Part 6 of, and Part 7 (commencing with Section 129675) of, Division 107.

chapter: 2. General Powers of the Department

article: 1. General Provisions

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 2. General Powers of the Department > 1. General Provisions


text: The department may use the unexpended balance of funds available for use in connection with the performance of the functions of the State Department of Health to which the department has succeeded pursuant to Section 100150.

article: 1. General Provisions


text: All officers and employees of the State Department of Health heretofore performing any duty, power, purpose, responsibility, or jurisdiction to which the department has succeeded, who, on July 1, 1978, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the department by Section 100150 shall be transferred to the department. The status, positions, and rights of these persons shall not be affected by the transfer and shall be retained by them as officers and employees of the department, pursuant to the State Civil Service Act except as to positions exempted from civil service.

article: 1. General Provisions


text: The department shall have possession and control of all records, papers, officers, equipment, supplies, moneys, funds, appropriations, land or other property, real or personal, held for the benefit or use of any state agency whose functions are vested in the department by Section 100150.

article: 1. General Provisions


text:
(a) The department may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes:

(1) To enforce its regulations.

(2) To compel the performance of any act specifically enjoined upon any person, officer, or board, by any law of this state relating to its powers and duties.

(b) It may defend all actions and proceedings involving its powers and duties.

(c) In all actions and proceedings it shall sue and be sued under the name of the department.

history: (History: Amended by Stats. 2006, Ch. 241, Sec. 18. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)

article: 1. General Provisions


text:
Notwithstanding any other provision of law, whenever the department is authorized or required by statute, regulation, due process (Fourteenth Amendment to the United States Constitution; subdivision (a) of Section 7 of Article I of the California Constitution), or a contract, to conduct an adjudicative hearing leading to a final decision of the director or the department, the following shall apply:

(a) The proceeding shall be conducted pursuant to the administrative adjudication provisions of Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except as specified in this section.

(b) Notwithstanding Section 11502 of the Government Code, whenever the department conducts a hearing under Chapter 4.5 (commencing with Section 11400) or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the hearing shall be conducted before an administrative law judge selected by the department and assigned to a hearing office that complies with the procedural requirements of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) (1) Notwithstanding Section 11508 of the Government Code, whenever the department conducts a hearing under Chapter 4.5 (commencing with Section 11400) or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the time and place of the hearing shall be determined by the staff assigned to the hearing office of the department, except as provided in paragraph (2) or unless the department, by regulation, specifies otherwise.

(2) Formal hearings requested by institutional Medi-Cal providers and health facilities shall be held in Sacramento.

(d) (1) Unless otherwise specified in this section, the following sections of the Government Code shall apply to any adjudicative hearing conducted by the department only if the department has not, by regulation, specified an alternative procedure for the particular type of hearing at issue: Section 11503 (relating to accusations), Section 11504 (relating to statements of issues), Section 11505 (relating to the contents of the statement to respondent), Section 11506 (relating to the notice of defense), Section 11507.6 (relating to discovery rights and procedures), Section 11508 (relating to the time and place of hearings), and Section 11516 (relating to amendment of accusations).

(2) Any alternative procedure specified by the department in accordance with this subdivision shall conform to the purpose of the Government Code provision it replaces insofar as it is possible to do so consistent with the specific procedural requirements applicable to the type of hearing at issue.

(3) Any alternative procedures adopted by the department under this subdivision shall not diminish the amount of notice given of the issues to be heard by the department or deprive appellants of the right to discovery suitable to the particular proceedings. Except as specified in paragraph (2) of subdivision (c), modifications of timeframes or of the place of hearing made by regulation shall not lengthen timeframes within which the department is required to act nor require hearings to be held at a greater distance from the appellant’s place of residence or business than is the case under the otherwise applicable Government Code provision.

(e) The specific timelines specified in Section 11517 of the Government Code shall not apply to any adjudicative hearing conducted by the department to the extent that the department has, by regulation, specified different timelines for the particular type of hearing at issue.

(f) In the case of any adjudicative hearing conducted by the department, “transcript,” as used in subdivision (c) of Section 11517 of the Government Code, shall be deemed to include any alternative form of recordation of the oral proceedings, including, but not limited to, an audio recording.

(g) Pursuant to Section 11415.50 of the Government Code, the department may, by regulation, provide for any appropriate informal procedure to be used for an informal level of review that does not itself lead to a final decision of the department or the director. The procedures specified in Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to an informal level of review authorized by this subdivision. Informal conferences concerning appeals by institutional Medi-Cal providers and health facilities may be held in Sacramento or Los Angeles.

(h) Notwithstanding any other provision of law, any adjudicative hearing conducted by the department that is conducted pursuant to a federal statutory or regulatory requirement that contains specific procedures may be conducted pursuant to those procedures to the extent they are inconsistent with the procedures specified in this section.

(i) Nothing in this section shall apply to a fair hearing involving a Medi-Cal beneficiary insofar as the hearing is, by agreement or otherwise, heard before an administrative law judge employed by the State Department of Social Services, or insofar as the hearing is being held pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code in connection with services provided by the State Department of Developmental Services under applicable federal Medicaid waivers. Nothing in this subdivision shall be interpreted as abrogating the authority of the State Department of Health Care Services as the single state agency under the state Medicaid plan.

(j) Nothing in this provision shall supersede express provisions of law that apply to any hearing that is not adjudicative in nature or that does not involve due process rights specific to an individual or specific individuals, as opposed to the general public or a segment of the general public.

history: (History: Amended by Stats. 2009, Ch. 88, Sec. 67. (AB 176) Effective January 1, 2010.)

article: 1. General Provisions


text:
(a) When a letter or order of denial of continued enrollment or suspension of any type or duration, based upon fraud or abuse, or a suspension of payments pursuant to Section 14107.11 of the Welfare and Institutions Code, is issued by the department to a provider, the director shall review the evidence supporting the denial of continued enrollment, suspension, or suspension of payments. If, in the opinion of the director, the evidence shows a pattern or practice of fraud, abuse, or willful misrepresentation that, if replicated in any other health care program administered by the department, could cause either fiscal loss to the state or harm to any participant, the director may deny continued enrollment, suspend, or suspend payments to, the provider with respect to those other health care programs. Any denial of continued enrollment, suspension, or suspension of payments may be for an indefinite or definite period of time, may be stayed for a period of time, and may be with or without conditions or probation.

(b) The director may deny the application of an applicant or provider to participate in any health care program administered by the department, when, based upon fraud or abuse, the applicant or provider has been denied continued enrollment in, or suspended from, any health care program administered by the department, or has had payments suspended in connection with the Medi-Cal program pursuant to Section 14107.11 of the Welfare and Institutions Code by the department, and remains ineligible to participate in the health care program from which the applicant or provider was denied continued enrollment, suspended, or had payments suspended.

(c) The director may deny any new or additional application of a provider to participate in any health care program administered by the department if utilization controls including, but not limited to, prior authorization or special claims review pursuant to Sections 51159, 51455, and 51460 of Title 22 of the California Code of Regulations have been imposed upon that provider by any health care program administered by the department. Applications shall not be denied based solely upon utilization controls imposed upon an entire class or category of providers to which that provider belongs.

(d) Notwithstanding any other law, any provider or applicant who has been denied continued enrollment in, or suspended from, or that has had payments suspended in connection with, any health care program administered by the department, or whose application to participate in a health care program administered by the department is denied, pursuant to this section, may appeal that action in accordance with Section 14043.65 of the Welfare and Institutions Code.

(e) For purposes of this section, the following definitions apply:

(1) “Abuse” has the same meaning as that term is defined in Section 14043.1 of the Welfare and Institutions Code.

(2) “Administered by the department” means administered by the State Department of Health Care Services or by its agents or contractors on behalf of the State Department of Health Care Services.

(3) “Applicant” means any person, individual, partnership, group, association, corporation, institution, or entity, and the officers, directors, owners, managing employees, or agents thereof, that applies to the department for enrollment as a provider or participation as a provider in a health care program administered by the department.

(4) “Fraud” has the same meaning as that term is defined in Section 14043.1 of the Welfare and Institutions Code.

(5) “Provider” means any person, individual, partnership, group, association, corporation, institution, or entity, and the officers, directors, owners, managing employees, or agents thereof, that provides services, goods, supplies, or merchandise, directly or indirectly, to a person enrolled in a health care program administered by the department.

(6) “Payment suspension” means the suspension of payments in accordance with Section 14107.11 of the Welfare and Institutions Code.

(f) For purposes of this section, “suspension” includes, but is not limited to, suspensions authorized under Article 1.3 (commencing with Section 14043) or Article 3 (commencing with Section 14123) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code.

(g) For purposes of this section, “health care program administered by the department” includes, but is not limited to, the Medi-Cal program.

history: (History: Amended by Stats. 2012, Ch. 797, Sec. 1. (SB 1529) Effective January 1, 2013.)

article: 1. General Provisions


text: With the approval of the Department of Finance, and for use in the furtherance of the work of the department, the director may accept (a) grants of interest in real property, and (b) gifts of money from public agencies or from organizations or associations organized for scientific, educational, or charitable purposes.

article: 1. General Provisions


text:
(a) The department shall annually reimburse the Robert F. Kennedy Farm Workers Medical Plan for claim payments that exceed fifty thousand dollars ($50,000) made by the plan on behalf of an eligible employee or dependent for a single episode of care on or after September 1, 2016. This reimbursement shall not exceed three million dollars ($3,000,000) per year.

(b) To seek reimbursement, commencing after September 1, 2017, and annually thereafter, the plan shall submit to the department completed data, verified by an independent certified public accountant, for claims paid by the plan for services during the preceding year from September 1 to August 31, inclusive.

(c) (1) If the department receives claims data from the plan pursuant to subdivision (b), the department shall analyze that data to determine the aggregate amount of claims that exceed fifty thousand dollars ($50,000) paid by the plan on behalf of an eligible employee or dependent for any single episode of care.

(2) No later than 60 days after the department receives claims data submitted by the plan, the department shall reimburse the plan the amount determined pursuant to paragraph (1), up to the amount of three million dollars ($3,000,000) per year.

(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2031, deletes or extends that date.

history: (History: Amended by Stats. 2025, Ch. 370, Sec. 1. (AB 499) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions.)

article: 1. General Provisions


text:
(a) Within 60 days of enactment of the Budget Act, the department shall advance to a local health department 25 percent of the annual General Fund allocation, subvention, or reimbursement required by a local health department for the delivery of services specified in subdivision (b). In determining the dollar amount of the 25 percent allocation, subvention, or reimbursement, the department shall use the local health department’s prior year’s or the most recently completed fiscal year’s allocation.

(b) Subdivision (a) shall apply to the following health programs and General Fund funding sources:

(1) Funding for administration for the California Children’s Services Program (Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106).

(2) Funding for medical therapy for the California Children’s Services Program (Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106).

(3) Funding for administration for the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106).

(4) Funding for HIV education and prevention services under Section 100119.

(c) This section shall not apply to a local health department that is three or more quarters in arrears in billing the state for the programs specified in subdivision (b).

(d) For purposes of this section, “local health department” has the same meaning as that set forth in Section 101185.

history: (History: Added by Stats. 1999, Ch. 847, Sec. 1. Effective January 1, 2000.)

article: 1. General Provisions


text:
(a) This article shall be known, and may be cited as, the “Inclusion of Women and Minorities in Clinical Research Act.”

(b) For purposes of this article, the following definitions and descriptions shall apply:

(1) “Grantee” means any qualified public, private, or nonprofit agency or individual, including, but not limited to, colleges, universities, hospitals, laboratories, research institutions, local health departments, voluntary health agencies, health maintenance organizations, corporations, students, fellows, entrepreneurs, and individuals conducting clinical research using state funds. A grantee may also be a corporation that is headquartered in California and that conducts research using state funds.

(2) “Minority group” shall be defined pursuant to the definition in the 1993 National Institutes of Health guidelines.

(3) “Project of clinical research” includes a clinical trial.

history: (History: Added by Stats. 2000, Ch. 250, Sec. 1. Effective January 1, 2001.)

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 2. General Powers of the Department > 1.5. Inclusion of Women and Minorities in Clinical Research Act.


text:
(a) In conducting or supporting a project of clinical research, a grantee shall, except as provided in subdivision (b) or (e), do all of the following:

(1) Ensure that women, including, but not limited to, women over the age of 40 years, are included as subjects in each research project.

(2) Ensure that minority groups are included as subjects in each research project.

(3) Conduct or support outreach programs for the recruitment of women and members of minority groups as subjects in projects of clinical research.

(b) The requirement established in subdivisions (a) and (d) regarding women and members of minority groups shall not apply to a project of clinical research if the inclusion, as subjects in the project, of women and minority groups is inappropriate for either of the following reasons:

(1) With respect to the health and safety of the subjects.

(2) With respect to the purpose of the research.

(c) In the case of any clinical trial in which women or members of minority groups will, under subdivision (a), be included as subjects, a grantee shall ensure that the trial is designed and carried out in a manner sufficient to provide for a valid analysis of whether the variables being studied in the trial affect women or members of minority groups, as the case may be, differently than other subjects in the trial.

(d) In any grant, or in any contract by a grantee under a grant, the grantee or contracting party shall acknowledge, agree to, and be bound by, the terms of this section.

(e) If a grantee is in compliance with the 1993 National Institutes of Health guidelines, the grantee shall be deemed to be in compliance with this section.

article: 1.5. Inclusion of Women and Minorities in Clinical Research Act.


text:
(a) Pursuant to Section 439.904, state agencies shall, and it is the intent of the Legislature that the University of California, include, in appropriate periodic progress reports required under existing law, data on the extent to which state funds administered by those agencies and the University of California, or both, are used by grantees to support research on diseases, disorders, and health conditions that includes women and minorities in the research trials, and that studies diseases, disorders, and health conditions of particular concern to women and minorities.

(b) It is the intent of the Legislature that research shall include, but not be limited to, cardiovascular diseases, cancer, Alzheimer’s disease, HIV and AIDS, sickle-cell anemia, obesity, mental illness, arthritis, and osteoporosis.


text: The department shall maintain a laboratory and branch laboratories as may be necessary to perform the microbiological, physical and chemical analyses required to meet the responsibilities of the department.

article: 2. State Laboratories

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 2. General Powers of the Department > 2. State Laboratories


text: The department may prepare or purchase biological products and distribute them at cost.

article: 2. State Laboratories


text:
(a) The department may adopt and enforce regulations for the execution of its duties.

(b) All regulations heretofore adopted by the department or its predecessors relating to public health, the licensing and certification of health facilities, except the licensing of community care facilities, or any other function performed by the Division of Public Health of the department, and in effect immediately preceding July 1, 1978, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the director or as otherwise provided by Section 25 or other provisions of law. This subdivision shall not apply to any regulation relating to a function transferred to a different state agency or department as a result of another provision of the statutes enacted during the 1977–78 Regular Session.

article: 3. Regulatory Authorization and Review

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 2. General Powers of the Department > 3. Regulatory Authorization and Review


text:
(a) The director shall adopt emergency regulations pursuant to Section 1267.7 implementing Chapter 327 of the Statutes of 1982, effective July 1, 1983, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of regulations shall be deemed to be an emergency, and necessary for the immediate preservation of the public peace, health and safety, or general welfare.

(b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, regarding the duration of emergency regulations, any regulations adopted by any state agency in order to implement this section, shall remain in effect until June 30, 1984.

article: 3. Regulatory Authorization and Review


text:
(a) Notwithstanding Section 11346.1 of the Government Code regarding the duration of emergency regulations, any regulations adopted by the director pursuant to Section 100280 and in effect on June 27, 1984, shall remain in effect until emergency regulations adopted pursuant to subdivision (b) become effective.

(b) The director shall adopt emergency regulations pursuant to Section 1267.7, to be effective August 1, 1984, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.

(c) The director shall transmit emergency regulations adopted pursuant to subdivision (b) directly to the Secretary of State for filing, and the regulations shall become effective immediately upon filing.

(d) Upon completion of the formal regulation adoption process and prior to the expiration of the 120-day duration period of emergency regulations, the director shall transmit directly to the Secretary of State for filing the adopted regulations, the rulemaking file, and the certification of compliance, as required by subdivision (e) of Section 11346.1 of the Government Code.

(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any regulations adopted by the director pursuant to this section and any documentation filed with those regulations shall not be subject to any review, approval, disapproval, or repeal by the Office of Administrative Law.

article: 3. Regulatory Authorization and Review


text: Notwithstanding any other provision of law, the department shall submit all of its regulations on matters related to statutory responsibilities delegated to or enforced by local health departments, except emergency regulations, to the California Conference of Local Health Officers for review and comment prior to adoption. If the department deems it appropriate to implement the proposed regulations or parts thereof, contrary to the recommendations of the conference, the department shall make a public finding summarizing the reasons for acting contrary to these recommendations.

article: 3. Regulatory Authorization and Review


text: The department, after consultation with and approval by the Conference of Local Health Officers, shall by regulation establish standards of education and experience for professional and technical personnel employed in local health departments and for the organization and operation of the local health departments. These standards may include standards for the maintenance of records of services, finances and expenditures, that shall be reported to the director in a manner and at times as the director may specify.

article: 3. Regulatory Authorization and Review


text:
When a dispute arises as to the interpretation or enforcement of regulations of the department that are being enforced by a city, city and county, county, or district, a request for clarification or interpretation may be submitted to the department. The department shall make a determination of the proper interpretation and required enforcement when so requested by a party to the dispute.

In making its determination the department may conduct a hearing where all interested parties may present relative comments or arguments.

Determinations of the department made pursuant to this section shall be transmitted to the concerned local agency and the involved party or parties within 60 days after the receipt of the request. The determination of the department shall be binding upon the local agency and the parties subject to the regulations of the department, except when the matter may be subject to judicial review.

article: 3. Regulatory Authorization and Review


text:
Notwithstanding any other provision of law, the department by regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to this code by the department.

The department may by regulation set the fee for the two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute.

article: 3. Regulatory Authorization and Review


text:
Notwithstanding any other provision of law, but to the extent consistent with applicable federal law or regulation, the director may, after a request by a board of supervisors of an affected county and after a public hearing held in accordance with Section 11346 of the Government Code, waive regulations pertaining to the provision of hospital services in a hospital operated by a county or under contract to a county for a county with a population of 200,000 or less on January 1, 1980, if the director makes a finding that the waiver would not affect adversely the health and safety of persons in the county.

The authority contained in this section shall be in addition to, and shall not supersede or limit, any other provision of law authorizing the waiver by the department of requirements contained in regulations adopted by the department relating to health facilities.

article: 3. Regulatory Authorization and Review


text:
(a) The department and as applicable, the California Department of Aging, the State Department of Public Health, and the State Department of Social Services, may grant to a PACE program, as defined in Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code, exemptions from duplicative, conflicting, or inconsistent requirements in Chapter 1 (commencing with Section 1200), Chapter 3 (commencing with Section 1500), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), and Chapter 8 (commencing with Section 1725) of Division 2, and Divisions 3 and 5 of Title 22 of the California Code of Regulations, including the use of alternate concepts, methods, procedures, techniques, space, equipment, personnel, personnel qualifications, or the conducting of pilot projects, provided that the exemptions are implemented in a manner that does not jeopardize the health and welfare of participants receiving services under PACE, or deprive beneficiaries of rights specified in federal or state laws or regulations. In determining whether to grant exemptions under this section, the departments shall consult with each other.

(b) A written request and substantiating evidence supporting the request for an exemption under subdivision (a) shall be submitted by the PACE program to the department. A PACE program may submit a single request for an exemption from the licensing requirements applicable to two or more licenses held by that organization, so long as the request lists the locations and license numbers held by that organization and the requested exemption is the same and appropriate for all licensed locations. The written request shall include, but shall not be limited to, all of the following:

(1) A description of how the applicable state requirement duplicates, conflicts with, or is inconsistent with state or federal requirements related to the PACE model.

(2) An analysis demonstrating why the duplication, conflict, or inconsistency cannot be resolved without an exemption.

(3) A description of how the PACE program plans to comply with the intent of the requirements described in paragraph (1).

(4) A description of how the PACE program will monitor its compliance with the terms and conditions under which the exemption is granted.

(c) The department shall approve or deny any request within 60 days of submission. An approval shall be in writing and shall provide for the terms and conditions under which the exemption is granted. A denial shall be in writing and shall specify the basis therefor. Any decision to deny a request shall be a final administrative decision.

(d) If, after investigation, the department determines that a PACE program that has been granted an exemption under this section is operating in a manner contrary to the terms and conditions of the exemption, the department shall immediately suspend or revoke the exemption. If the exemption is applicable to more than one location or more than one category of licensure, or both, the department may suspend or revoke an exemption as to one or more license categories or locations as deemed appropriate by the department.

history: (History: Amended by Stats. 2011, Ch. 367, Sec. 6. (AB 574) Effective January 1, 2012.)

article: 3. Regulatory Authorization and Review


text: The department shall cause special investigations of the sources of morbidity and mortality and the effects of localities, employments, conditions and circumstances on the public health and the department shall perform other duties as may be required in procuring information for state and federal agencies regarding the effects of these conditions on the public health.

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 2. General Powers of the Department > 4. Population, Public Health, and Environmental Study


text:
All records of interviews, written reports, and statements procured by the department or by any other person, agency, or organization acting jointly with the department, in connection with special morbidity and mortality studies shall be confidential insofar as the identity of the individual patient is concerned and shall be used solely for the purposes of the study. The furnishing of this information to the department or its authorized representative, or to any other co-operating individual, agency or organization in any special study, shall not subject any person, hospital, sanitarium, rest home, nursing home, or other organization furnishing this information to any action for damages. This section shall not apply to general morbidity and mortality studies customarily and continuously conducted by the department that do not involve patient identification.

Nothing in this section shall prohibit the publishing by the department of statistical compilations relating to morbidity and mortality studies that do not identify individual cases and sources of information or religious affiliations.

article: 4. Population, Public Health, and Environmental Study


text:
(a) The department shall annually compile and publish the laws relating to the use, handling, transportation, storage, and disposal of hazardous materials, including, but not limited to, hazardous wastes, flammable materials, corrosives, explosives, pesticides, and radioactive materials together with laws relating to administration, enforcement, and emergency response. The compilation shall reflect the amendments, additions, and deletions enacted each year.

(b) The department may contract with the Legislative Counsel to prepare the compilation of laws required by subdivision (a) and with the Department of General Services to print and distribute the compilation. Copies of the compilation shall be distributed at cost.

(c) During the 1985–86 fiscal year, the department shall absorb the costs of preparing the compilation from existing appropriations. It is the intent of the Legislature, commencing with the 1986–87 fiscal year, to appropriate revenues received from the distribution of the compilation to the department for carrying out the purposes of this section.

history: (History: Added by Stats. 1996, Ch. 1023, Sec. 301.2. Effective September 29, 1996.)


text:
The department may do all of the following activities:

(1) Make a continuing study of births, deaths, marriages, and divorces, in order to provide a continuing analysis of trends to state agencies and to the Legislature.

(2) Request and receive demographic and population data from the Department of Finance.

(3) Make any additional collection of data necessary to describe and analyze fertility, family formation and dissolution, abortion practices, and other factors related to population dynamics, public health, and the environment.

(4) Assess the health, environmental, and related effects of current and projected population.

(5) Formulate recommendations for programs, consistent with individual rights and the integrity of the environment, to respond to projected trends.


text:
The Legislature finds that many programs of the department are hindered by the length of time required for the state to execute contracts and pay vendor claims. These programs include, but are not limited to, community hypertension, rural health services development, family planning, genetic counseling, supplemental feeding program for women, infants, and children, sickle cell disease and newborn screening projects. This hardship is particularly felt by new or small community-based public or private nonprofit agencies with modest reserves and cash-flow problems. It is the intent of the Legislature that advance payment authority be established for the department in order to alleviate those problems for those types of contractors to the extent possible.

Notwithstanding any other provision of law, the department may, to the extent funds are available, provide for advance payments for services to be performed under any contract, with a total annual contract amount of two hundred thousand dollars ($200,000) or less, that the department determines has been entered into with any small, community-based public or private nonprofit agency with modest reserves and potential cash-flow problems. These programs include, but are not limited to, the following:

(a) Community hypertension.

(b) Genetic disease programs.

(c) Supplemental feeding programs for women, infants and children.

(d) Sickle cell disease.

(e) Newborn screening projects.

(f) Rural health programs.

(g) Indian health programs.

No advance payment or aggregate of advance payments made pursuant to this section shall exceed 25 percent of the total annual contract amount. No advance payment should be made pursuant to this section if the applicable federal law prohibits advance payment.

chapter: 3. Additional Administrative Provisions

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 3. Additional Administrative Provisions > 1. Advance Payments to Small Contractors


text: The Public Health Federal Fund in the State Treasury is hereby created. All grants of money received by the state from the United States, the expenditure of which is administered through or under the direction of the department, shall, on order of the Controller, be deposited in the Public Health Federal Fund.

article: 2. Public Health Federal Fund

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 3. Additional Administrative Provisions > 2. Public Health Federal Fund


text: All money in the Public Health Federal Fund is hereby appropriated to the department, without regard to fiscal years, for expenditure for the purposes for which the money deposited therein is made available by the United States.

article: 2. Public Health Federal Fund


text: The department and the Controller shall keep a record of the classes and sources of income deposited in, or transferred to, the Public Health Federal Fund, and of the disbursements and transfers therefrom.

article: 2. Public Health Federal Fund


text:
The Director of Finance and the Controller may approve any general plan that meets the following requirements:

(a) Any expenditures that are a proper charge against the money made available by the United States and deposited in the Public Health Federal Fund may be paid in the first instance from any appropriation from the General Fund, expenditures from which are administered through or under the direction of the department.

(b) Any expenditures that are a proper charge against an appropriation from any special fund in the State Treasury, expenditures from which are administered through or under the direction of the department, may be paid in the first instance from any appropriation from the General Fund, expenditures from which are administered through or under the direction of the department.

(c) The General Fund shall be reimbursed for expenditures made therefrom that are a proper charge against the Public Health Federal Fund or against any appropriation from any special fund.

Such a general plan may provide for advance transfers from the Public Health Federal Fund to the General Fund, based on estimates of expenditures that will be subject to reimbursement from the Public Health Federal Fund pursuant to the plan, and may provide for reimbursements to the Public Health Federal Fund, when necessary.

Request for reimbursement or transfer pursuant to the plan shall be furnished to the Controller in writing by the department, accompanied by financial statements as the plan may provide; and on order of the Controller, the required amount shall be transferred in accordance with the plan.

article: 2. Public Health Federal Fund


text:
All grants or donations of money received by the state from sources other than the United States, the expenditure of which is administered through or under the direction of the department, shall, on order of the Controller, be deposited in the Special Deposit Fund, subject to Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. The Controller shall designate, by name, separate accounts within the Special Deposit Fund covering the accountability for each class of grant or donation deposited pursuant to this section; and the department and the Controller shall keep a record of the classes and sources of income deposited in, or transferred to, each of the accounts in the Special Deposit Fund, and of the disbursements therefrom.

All moneys deposited in the Special Deposit Fund pursuant to this section shall be available, without regard to fiscal years, for expenditure for the purposes for which the money was made available to the state.

article: 3. Special Deposit Funds

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 3. Additional Administrative Provisions > 3. Special Deposit Funds


text:
(a) The fees or charges for the issuance or renewal of any permit, license, registration, or document pursuant to Sections 1676, 1677, 2805, 11839.25, 103625, 106700, 106890, 106925, 107080, 107090, 107095, 107160, 110210, 110470, 110471, 111130, 111140, 111630, 111923.5, 111923.6, 112405, 112510, 112750, 112755, 113060, 113065, 114065, 115035, 115065, 115080, 117923, 117995, 118045, 118210, and 118245 shall be adjusted annually by the percentage change printed in the Budget Act for those items appropriating funds to the state department. After the first annual adjustment of fees or charges pursuant to this section, the fees or charges subject to subsequent adjustment shall be the fees or charges for the prior calendar year. The percentage change shall be determined by the Department of Finance, and shall include at least the total percentage change in salaries and operating expenses of the state department. However, the total increase in amounts collected under this section shall not exceed the total increased cost of the program or service provided.

(b) The state department shall publish annually a list of the actual numerical fee charges for each permit, license, certification, or registration governed by this section.

(c) This adjustment of fees and publication of the fee list shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(d) With respect to the fees or charges pursuant to Section 103625, the actual dollar fee or charge shall be rounded to the nearest whole dollar.

history: (History: Amended by Stats. 2025, Ch. 105, Sec. 23. (AB 144) Effective September 17, 2025.)

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 3. Additional Administrative Provisions > 4. Fees or Charges for Issuance and Renewal of Documents


text:
(a) (1) The fees or charges for a record search or for the issuance of any license, permit, registration, or any other document pursuant to Section 26840 of the Government Code, or Section 102525, 102625, 102670, 102725, 102750, 103040.1, 103050, 103065, 103225, 103325, 103400, 103425, 103450, 103525, 103590, 103650, 103675, 103690, 103695, 103700, 103705, 103710, 103715, 103720, 103725, or 103735 of this code, may be adjusted annually by the percentage change determined pursuant to Section 100425.

(2) The base amount to be adjusted shall be the statutory base amount of the fee or charge plus the sum of the prior adjustments to the statutory base amount. Whenever the statutory base amount is amended, the base amount shall be the new statutory base amount plus the sum of adjustments to the new statutory base amount calculated subsequent to the statutory base amendment. The actual dollar fee or charge shall be rounded to the next highest whole dollar.

(b) Beginning January 1, 1983, the department shall annually publish a list of the actual numerical fee charges as adjusted pursuant to this section. This adjustment of fees and the publication of the fee list shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2011, Ch. 402, Sec. 4. (AB 1053) Effective January 1, 2012.)

article: 4. Fees or Charges for Issuance and Renewal of Documents


text: For the fee specified in Section 26840 of the Government Code, the adjustment authorized by Section 100430 shall apply only to the portion of the fee designated for the State Registrar of Vital Statistics. Any increase in this component of the fee shall be added to the total fee authorized by Section 26840 of the Government Code.


text: For the fee specified in subdivision (c) of Section 103625, the adjustment authorized by Section 100430 shall apply to the additional fee charged to applicants other than public agency applicants for certified copies of marriage or marriage dissolution records, as well as to the other fees imposed by that section.


text:
(a) The fees or charges required to accompany an application for the issuance or renewal of any license pursuant to Section 1300 of the Business and Professions Code or pursuant to Sections 1616 or 1639.5 shall be adjusted annually pursuant to Section 1300.2 of the Business and Professions Code. The fees or charges subject to adjustment pursuant to this subdivision shall be the fees or charges that would have been payable in the prior calendar year without regard to the provisions of subdivision (b).

(b) The annual adjustment for fees or charges assessed under subdivision (a) shall be determined by the department so that license fee revenues cover the estimated licensing program costs pursuant to Section 1300.2 of the Business and Professions Code.

(c) The department shall by January 1 of each year publish a list of actual numerical fee charges as adjusted pursuant to this section. This adjustment of fees and the publication of the fee list shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2025, Ch. 105, Sec. 24. (AB 144) Effective September 17, 2025.)


text:
(a) The Director of General Services may acquire real property in order to construct a laboratory and office facility or remodeling an existing facility in the City of Richmond, for the use of the State Department of Health Services.

(b) Revenue bonds, negotiable notes, and negotiable bond anticipation notes may be issued by the State Public Works Board pursuant to the State Building Construction Act of 1955 (Part 10b (commencing with Section 15800) of Division 3 of Title 2 of the Government Code) to finance the acquisition and construction of a new laboratory and office facility, or remodeling of an existing facility for the State Department of Health Services in the City of Richmond. The amount of the bonds plus the cost of equipment shall not exceed fifty-four million five hundred thousand dollars ($54,500,000) as necessary for land acquisition including, but not limited to, land needed for planned future expansion of the laboratory and office facility, environmental studies, preliminary plans, working drawings, construction, furnishings, equipment, and all related betterments and improvements. Notwithstanding Section 13332.11 of the Government Code, the State Public Works Board may authorize the augmentation of the amount authorized under this section for the project by an amount not to exceed 10 percent of the amount appropriated for this project.

(c) The State Public Works Board may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313 of the Government Code.

(d) The amount of revenue bonds, negotiable notes, or negotiable bond anticipation notes to be sold shall equal the cost of acquisition, including land, construction, preliminary plans, and working drawings, construction management and supervision, other costs relating to the design, construction, or remodeling of the facilities, and any additional sums necessary to pay interim and permanent financing costs. The additional amount may include interest and a reasonable required reserve fund.

history: (History: Amended by Stats. 2012, Ch. 728, Sec. 97. (SB 71) Effective January 1, 2013.)

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 3. Additional Administrative Provisions > 6. Richmond Laboratory and Office Facility


text:
The Legislature finds and declares all of the following:

(a) It is in the state’s interest to utilize fully state real property assets.

(b) The State Department of Health Services intends to vacate its facilities currently located at 2151 Berkeley Way in the City of Berkeley upon completion of new facilities in the City of Richmond.

(c) It is in the state’s interest that the University of California be able to consolidate programs proximate to its Berkeley campus.

(d) It is in the state’s interest to have the 2151 Berkeley Way property be reused in a manner that contributes to the city’s economic vitality.

history: (History: Repealed and added by Stats. 1996, Ch. 649, Sec. 2. Effective January 1, 1997.)

article: 6. Richmond Laboratory and Office Facility


text:
(a) It is the intent of the Legislature that the property at 2151 Berkeley Way in the City of Berkeley be conveyed to the University of California pursuant to a process mutually agreed to by the State Department of Health Services, the Department of General Services, and the University of California.

(b) It is the intent of the Legislature that the University of California consult with the City of Berkeley regarding the planned use of the property at 2151 Berkeley Way, should it be transferred to the University of California. It is also the intent of the Legislature that the property located at 2151 Berkeley Way be reused by the University of California as soon as is reasonably possible after the transfer of title.

(c) Not earlier than 36 months nor later than 18 months prior to the vacating of the property located at 2151 Berkeley Way, the Department of General Services, on behalf of the State Department of Health Services, shall offer to convey title to that property to the University of California on terms and conditions as the State Department of Health Services shall deem reasonable and appropriate. For the duration of 24 months following the date of this offer, the Department of General Services shall negotiate with the University of California, and shall not offer the property to any public or private entity other than the University of California. If, at the end of the 24-month period following the offer, the Department of General Services and the University of California have not reached final agreement for the conveyance of property, or have not agreed upon an extension of the period, the property may be disposed of as surplus property. Nothing in this section shall be construed to prohibit the parties from reaching an agreement for the conveyance of the property at an earlier date.

(d) The State Department of Health Services shall provide to the University of California copies of all reports produced pertaining to any contamination found that is associated with the soil or groundwater. The State Department of Health Services shall provide those reports within 60 days after they are produced, or, in the case of reports produced prior to January 1, 1997, by July 1, 1997.

(e) Not later than 12 months after the transfer of title of the property at 2151 Berkeley Way to the University of California, the University of California shall offer for sale, lease, or exchange, for uses that are not exempted from taxes, that portion of the property bounded on the west by Shattuck Avenue, on the south by Berkeley Way, on the north by Hearst Avenue, and on the east by a marking of up to 75 feet from the westernmost boundary of the property on Shattuck Avenue. The proceeds of the sale, lease, or exchange shall be credited to the University of California.

(f) Within one year after the transfer of title of the property at 2151 Berkeley Way to the University of California, and annually thereafter, the University of California shall report to the Legislature regarding the status of its plans for the use of that portion of the property that remains in the possession of the University of California. The reporting requirements of this subdivision shall terminate upon implementation by the University of California of its plan for the property.

(g) This section shall not apply to the University of California unless the Regents of the University of California, by resolution, make this section applicable.

history: (History: Repealed and added by Stats. 1996, Ch. 649, Sec. 4. Effective January 1, 1997.)


text: It is the Legislature’s intent in enacting this article to promote efficiency in the administration of multiple contracts between nonprofit organizations and the divisions of the department by requiring uniform provisions concerning fringe benefits. Nothing contained in this article shall be construed to mandate any personnel policies, procedures, or fringe benefits as a condition of contracting with the state. In addition, this article shall not supersede or amend any agreement that may have been entered into, or may be entered into in the future, between a nonprofit corporation and its employees, agents, or employee representative organization.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

article: 7. Contract Uniformity

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 3. Additional Administrative Provisions > 7. Contract Uniformity


text: Notwithstanding any other provision of law, the department shall review the following categorical programs and develop a procedure by which a contracting nonprofit organization is notified at the execution of a contract of the terms and conditions relating to the allowable costs associated with personnel, primary care grants-in-aid, maternal and child health, family planning, women, infant and children, dental disease prevention, child health and disability prevention, California children’s services, preventive health care for the aging, rural health services, farmworker health services, California health services corps, American Indian health services, genetically handicapped programs, hypertension, perinatal health services, immunization, adolescent family life, and other programs that the department wishes to include within the scope of this article.

article: 7. Contract Uniformity


text: Nothing contained in this article shall conflict with any mandate imposed by laws or regulations of the state or federal government.

article: 7. Contract Uniformity


text: The department shall take the steps necessary to achieve uniformity among contracts.

article: 7. Contract Uniformity


text: Notwithstanding any other provisions of state law or any division in the allocation of funds in the Budget Act, the department may, within its authority to contract with a provider for the provision of health services, enter into a single contractual instrument encompassing services in any number of health services subject areas, limited to the following: primary care, maternal and child health, woman, infant, and child care, family planning, rural health services, migrant and seasonal farmworker care, child health and disability prevention, genetic disease, hypertension, grants-in-aid, American Indian health, adult health care, and dental care, except that federally funded programs requiring separate accounting and reporting shall preserve the separate accounting and reporting for contracts executed pursuant to this article.

article: 8. Consolidation of Contracts

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 3. Additional Administrative Provisions > 8. Consolidation of Contracts


text: To the extent that a reduction in administrative costs would thereby result, any agency or agencies authorized to conduct audits under any state health services program that is the subject of a contract with a provider shall conform the scope of any audit to include other health services programs encompassed by the contract for which the agency or agencies have authority to conduct audits.

article: 8. Consolidation of Contracts


text: Notwithstanding any other provision of state law, any contract under this article shall be subject to review and approval by the Department of General Services.

article: 8. Consolidation of Contracts


text: No provision of this article shall be construed to prohibit the department from providing under any contract entered into under this article for reimbursement on the basis of negotiated rates, capitation, fee-for-service, or any other method designed to reduce administrative costs.

article: 8. Consolidation of Contracts


text: In order to implement this article, the department may establish a single account wherein all funds for eligible programs may be deposited for purposes of contracting in a single form.

article: 8. Consolidation of Contracts