text: For purposes of carrying out this article, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts, not to exceed the amount of the unsold bonds that have been authorized by the committee, to be sold for the purpose of carrying out this article, excluding any refunding bonds authorized pursuant to Section 125291.155, less any amount loaned pursuant to Section 125291.145 and not yet repaid, and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amount withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from money received from the sale of bonds for the purpose of carrying out this article.


kind: section

code: HSC

text: The institute may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the Government Code for the purposes of carrying out this article. The amount of the loan shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this article excluding any refunding bonds authorized pursuant to Section 125291.155, less any amount loaned pursuant to this section and not yet repaid, and any amount withdrawn from the General Fund pursuant to Section 125291.140 and not yet returned to the General Fund. The institute shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the institute in accordance with this article.

history: (History: Added November 3, 2020, by initiative Proposition 14, Sec. 24. Effective on December 16, 2020.)

path: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) > 5. HEREDITARY DISEASES/CONGENITAL DEFECTS > 3. California Stem Cell Research and Cures Bond Act > 2.5. California Stem Cell Research, Treatments, and Cures Bond Act of 2020


text: All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except the amounts derived from premium may be reserved and used to pay costs of issuance prior to any transfer to the General Fund.

division: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT)

part: 5. HEREDITARY DISEASES/CONGENITAL DEFECTS

chapter: 3. California Stem Cell Research and Cures Bond Act

article: 2.5. California Stem Cell Research, Treatments, and Cures Bond Act of 2020


text: The bonds issued and sold pursuant to this article may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this article includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this article or any previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond.


text: Notwithstanding any provision of this article or the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this article that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, under designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.


text: The proceeds from the sale of bonds authorized by this article are not “proceeds of taxes” as that term is used in Article XIIIB of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article.


text:
Definitions

As used in this chapter and in Article XXXV of the California Constitution, the following terms have the following meanings:

(a) “Act” means the California Stem Cell Research and Cures Bond Act constituting Chapter 3 (commencing with Section 125290.10) of Part 5 of Division 106 of the Health and Safety Code.

(b) “Adult stem cell” means an undifferentiated cell found in a differentiated tissue in an adult organism that can renew itself and may, with certain limitations, differentiate to yield all the specialized cell types of the tissue from which it originated, including a cell that is committed to make all of the functional cells of the tissue or organ where it resides and regenerates but that is itself undifferentiated.

(c) “Basic research” means the investigation of basic mechanisms underlying stem cell biology, cellular plasticity, cellular differentiation, and other vital research opportunities.

(d) “Capitalized interest” means interest funded by bond proceeds.

(e) “Committee” means the California Stem Cell Research and Cures Finance Committee created pursuant to subdivision (a) of Section 125291.40.

(f) “Constitutional officers” means the Governor, Lieutenant Governor, Treasurer, and Controller of California.

(g) “Early development” means discovery of promising new stem cell-based technologies that could be translated to enable broad use and ultimately improve patient care.

(h) “Facilities” means buildings, building leases, or capital equipment.

(i) “Floating-rate bonds” means bonds which do not bear a fixed rate of interest until their final maturity date, including commercial paper notes.

(j) “Fund” means the California Stem Cell Research and Disease Cures Fund created pursuant to Section 125291.25.

(k) “Grant” means a grant, loan, or guarantee.

(l) “Grantee” means a recipient of a grant from the institute. All University of California grantee institutions shall be considered as separate and individual grantee institutions.

(m) “Human reproductive cloning” means the practice of creating or attempting to create a human being by transferring the nucleus from a human cell into an egg cell from which the nucleus has been removed for the purpose of implanting the resulting product in a uterus to initiate a pregnancy.

(n) “Indirect costs” mean the recipient’s costs in the administration, accounting, general overhead, and general support costs for implementing a grant or loan of the institute. NIH definitions of indirect costs will be utilized as one of the bases by the Scientific and Medical Research Standards Working Group to create a guideline for recipients on this definition, with modifications to reflect guidance by the ICOC and this act.

(o) “Institute” means the California Institute for Regenerative Medicine.

(p) “Interim standards” means temporary standards that perform the same function as “emergency regulations” under the Administrative Procedure Act (Government Code, Title 2, Division 3, Part 1, Chapter 3.5, Sections 11340 et seq.) except that in order to provide greater opportunity for public comment on the permanent regulations, remain in force for 270 days rather than 180 days.

(q) “Life science commercial entity” means a firm or organization, headquartered in California, whose business model includes biomedical or biotechnology product development and commercialization.

(r) “Medical ethicist” means an individual with advanced training in ethics who holds a Ph.D., MA, or equivalent training in the biological sciences or the field of clinical medicine or clinical ethics and who spends or has spent substantial time (1) researching and writing on ethical issues related to medicine, and (2) administering ethical safeguards during the clinical trial process, particularly through service on institutional review boards.

(s) “Pluripotent cells” means cells that are capable of self-renewal, and have broad potential to differentiate into multiple adult cell types. Pluripotent stem cells may be derived from somatic cell nuclear transfer or from surplus products of in vitro fertilization treatments when such products are donated under appropriate informed consent procedures. These excess cells from in vitro fertilization treatments would otherwise be intended to be discarded if not utilized for medical research.

(t) “Progenitor cells” means multipotent or precursor cells that are partially differentiated but retain the ability to divide and give rise to differentiated cells.

(u) “Quorum” means at least 65 percent of the members who are eligible to vote.

(v) “Research donor” means a human who donates biological materials for research purposes after full disclosure and consent.

(w) “Research funding” includes interdisciplinary scientific and medical funding for all stages of research, including, but not limited to, stem cell discovery research, early development, translational research, therapy development, and the development of treatments through clinical trials, including, without limitation, the reimbursement of patient-qualified costs for research participants and their caregivers pursuant to paragraph (4) of subdivision (b) of Section 125290.35; the operations of the working groups, including the costs associated with the expert review of applications; the costs of advisory groups and consultants established or retained to evaluate and advise the governing board, the working groups, and awardees; and research conferences. When a facility’s grant or loan has not been provided to house all elements of the research, therapy development, and/or clinical trials, research funding shall include an allowance for a market lease rate of reimbursement for the facility. In all cases, operating costs of the facility, including, but not limited to, library and communication services, utilities, maintenance, janitorial, and security, shall be included as direct research funding costs. Legal costs of the institute incurred in order to negotiate standards with federal and state governments and research institutions; to implement standards or regulations; to resolve disputes; and/or to carry out all other actions necessary to defend and/or advance the institute’s mission shall be considered direct research funding costs.

(x) “Research participant” means a human enrolled with full disclosure and consent, and participating in clinical trials.

(y) “Research program” means research projects that are designed to advance the same ultimate goal along the research continuum and that are conducted by the same or overlapping investigators.

(z) “Revenue positive” means all state tax revenues generated directly and indirectly by the research and facilities of the institute are greater than the debt service on the state bonds actually paid by the General Fund in the same year.

(aa) “Stem cells” mean nonspecialized cells that have the capacity to divide in culture and to differentiate into more mature cells with specialized functions.

(ab) “Stem cell discovery research” means basic research, early development, and the discovery, evaluation, or improvement of tools and technologies in the fields of stem cell and genetic research and other vital research opportunities.

(ac) “Vital research opportunity” means scientific and medical research and technologies, including, but not limited to, genetics, personalized medicine, and aging as a pathology, and/or any stem cell research not actually funded by the institute under paragraph (3) of subdivision (c) of Section 125290.60 which provides a substantially superior research opportunity, vital to advance medical science as determined by at least a two-thirds vote of a quorum of the members of the Scientific and Medical Research Funding Working Group and recommended as such by that working group to the ICOC, or as determined by the vote of a majority of a quorum of members of the ICOC. Human reproductive cloning shall not be a vital research opportunity.

history: (History: Amended November 3, 2020, by initiative Proposition 14, Sec. 25. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)

article: 3. Definitions

path: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) > 5. HEREDITARY DISEASES/CONGENITAL DEFECTS > 3. California Stem Cell Research and Cures Bond Act > 3. Definitions


text: The policy of the State of California shall be that research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells, including somatic cell nuclear transplantation, shall be reviewed by a stem cell research oversight committee.

history: (History: Amended by Stats. 2006, Ch. 483, Sec. 6. Effective January 1, 2007.)

part: 5.5. USE OF HUMAN CELLS

chapter: 1. Embryo Registry

path: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) > 5.5. USE OF HUMAN CELLS > 1. Embryo Registry


text:
(a) The department shall establish and maintain an anonymous registry of embryos that are available for research. The purpose of this registry is to provide researchers with access to embryos that are available for research purposes.

(b) The department may contract with the University of California, private organizations, or public entities to establish and administer the registry.

(c) This section shall be implemented only to the extent that funds for the purpose of establishing and administering the registry are received by the department from private or other nonstate sources.

history: (History: Added by Stats. 2003, Ch. 507, Sec. 7. Effective January 1, 2004.)


text:
(a) A physician and surgeon or other health care provider delivering fertility treatment shall provide his or her patient with timely, relevant, and appropriate information to allow the individual to make an informed and voluntary choice regarding the disposition of any human embryos remaining following the fertility treatment. The failure to provide to a patient this information constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code.

(b) Any individual to whom information is provided pursuant to subdivision (a) shall be presented with the option of storing any unused embryos, donating them to another individual, discarding the embryos, or donating the remaining embryos for research. When providing fertility treatment, a physician and surgeon or other health care provider shall provide a form to the male and female partner, or the individual without a partner, as applicable, that sets forth advanced written directives regarding the disposition of embryos. This form shall indicate the time limit on storage of the embryos at the clinic or storage facility and shall provide, at a minimum, the following choices for disposition of the embryos based on the following circumstances:

(1) In the event of the death of either the male or female partner, the embryos shall be disposed of by one of the following actions:

(A) Made available to the living partner.

(B) Donation for research purposes.

(C) Thawed with no further action taken.

(D) Donation to another couple or individual.

(E) Other disposition that is clearly stated.

(2) In the event of the death of both partners or the death of a patient without a partner, the embryos shall be disposed of by one of the following actions:

(A) Donation for research purposes.

(B) Thawed with no further action taken.

(C) Donation to another couple or individual.

(D) Other disposition that is clearly stated.

(3) In the event of separation or divorce of the partners, the embryos shall be disposed of by one of the following actions:

(A) Made available to the female partner.

(B) Made available to the male partner.

(C) Donation for research purposes.

(D) Thawed with no further action taken.

(E) Donation to another couple or individual.

(F) Other disposition that is clearly stated.

(4) In the event of the partners’ decision or a patient’s decision who is without a partner, to abandon the embryos by request or a failure to pay storage fees, the embryos shall be disposed of by one of the following actions:

(A) Donation for research purposes.

(B) Thawed with no further action taken.

(C) Donation to another couple or individual.

(D) Other disposition that is clearly stated.

(c) A physician and surgeon or other health care provider delivering fertility treatment shall obtain written consent from any individual who elects to donate embryos remaining after fertility treatments for research. For any individual considering donating the embryos for research, to obtain informed consent, the health care provider shall convey all of the following to the individual:

(1) A statement that the early human embryos will be used to derive human pluripotent stem cells for research and that the cells may be used, at some future time, for human transplantation research.

(2) A statement that all identifiers associated with the embryos will be removed prior to the derivation of human pluripotent stem cells.

(3) A statement that donors will not receive any information about subsequent testing on the embryo or the derived human pluripotent cells.

(4) A statement that derived cells or cell lines, with all identifiers removed, may be kept for many years.

(5) Disclosure of the possibility that the donated material may have commercial potential, and a statement that the donor will not receive financial or any other benefits from any future commercial development.

(6) A statement that the human pluripotent stem cell research is not intended to provide direct medical benefit to the donor.

(7) A statement that early human embryos donated will not be transferred to a woman’s uterus, will not survive the human pluripotent stem cell derivation process, and will be handled respectfully, as is appropriate for all human tissue used in research.

history: (History: Added by renumbering Section 125116 by Stats. 2003, Ch. 507, Sec. 3. Effective January 1, 2004.)


text:
(a) A person may not knowingly, for valuable consideration, purchase or sell embryonic or cadaveric fetal tissue for research purposes pursuant to this chapter.

(b) For purposes of this section, “valuable consideration” does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transplantation, or implantation of a part.

(c) Embryonic or cadaveric fetal tissue may be donated for research purposes pursuant to this chapter.

history: (History: Added by renumbering Section 125117 by Stats. 2003, Ch. 507, Sec. 4. Effective January 1, 2004.)


text:
(a) The person or entity posting an advertisement seeking oocyte donation associated with the delivery of fertility treatment that includes assisted oocyte production and a financial payment or compensation of any kind, shall include the following notice in a clear and conspicuous manner: “Egg donation involves a screening process. Not all potential egg donors are selected. Not all selected egg donors receive the monetary amounts or compensation advertised. As with any medical procedure, there may be risks associated with human egg donation. Before an egg donor agrees to begin the egg donation process, and signs a legally binding contract, she is required to receive specific information on the known risks of egg donation. Consultation with your doctor prior to entering into a donor contract is advised.” (b) A summary pertaining to oocyte donation procedures, shall be provided, as required pursuant to Section 125335, to all potential egg donors before signing a legally binding contract to become an egg donor, or beginning any egg donation procedures, as part of compliance with the informed consent requirements.

(c) Persons or entities that certify compliance with the American Society for Reproductive Medicine (ASRM) guidelines by registering with ASRM are exempt from the notice requirements set forth in subdivision (a). Use of the exemption when the guidelines are violated shall constitute false advertising.

(d) Donors recruited through the advertisement shall undergo the same disclosure, counseling, and informed consent process, as required pursuant to Section 125335, as donors recruited by those exempt from subdivision (a).

history: (History: Added by Stats. 2009, Ch. 523, Sec. 1. (AB 1317) Effective January 1, 2010.)

path: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) > 5.5. USE OF HUMAN CELLS > 1.5. Oocyte Retrieval For Fertility Treatment


text:
The following definitions shall apply to this chapter:

(a) “Assisted oocyte production” or “AOP” means surgical extraction of oocytes following pharmaceutically induced manipulation of oocyte production through the use of ovarian stimulation for the purposes of fertility treatment.

(b) “Oocyte” means a female egg or egg cell of a human female.

chapter: 1.5. Oocyte Retrieval For Fertility Treatment


text:
The following definitions apply to this chapter:

(a) “Alternate method of oocyte retrieval” means a method of oocyte retrieval that does not involve the pharmaceutically induced manipulation of oocyte production.

(b) “Assisted oocyte production” or “AOP” means surgical extraction of oocytes following pharmaceutically induced manipulation of oocyte production through the use of ovarian stimulation.

(c) “Informed consent” means a research participant understands the material facts reasonably necessary to make a determination to participate or to refuse from participating in the medical research without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the research participant’s decision.

(d) “Institutional review board” means a body established in accordance with federal regulations, including Part 46 (commencing with Section 46.101) of Subchapter A of Subtitle A of Title 45 of the Code of Federal Regulations.

(e) “Oocyte” means a female egg or egg cell of a human female.

(f) “Research participant” means any person undergoing AOP or any alternative method of ovarian retrieval for research or for the development of medical therapies, including those who would not meet the definition of “subject” under 45 C.F.R. 46.102. The protections afforded to human subjects under an institutional review board apply to research participants in this chapter.

history: (History: Amended by Stats. 2019, Ch. 864, Sec. 2. (AB 922) Effective January 1, 2020.)

chapter: 2. Procuring of Oocytes for Research

path: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) > 5.5. USE OF HUMAN CELLS > 2. Procuring of Oocytes for Research


text:
(a) As used in this chapter, “Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights” means a list of the rights of a research participant providing human oocytes for the purposes of medical research. The list of rights shall be written in a language in which the research participant is fluent. The list shall incorporate all the rights and protections in this chapter, and include, but not be limited to, all of the following research participant rights as described in Section 24172:

(1) The right to be informed of the nature and purpose of the medical research.

(2) The right to be given an explanation of the procedures to be followed in the medical research, and any drug or device to be utilized.

(3) The right to be given a description of any attendant discomforts and reasonably foreseeable risks expected from participating in the medical research.

(4) The right to be given an explanation of any benefits to the research participant reasonably to be expected from the medical research, if applicable.

(5) The right to be given a disclosure of any appropriate alternative procedures, drugs, or devices that might be advantageous to the research participant, and their relative risks and benefits.

(6) The right to be informed of the avenues of medical treatment, if any, available to the research participant after the medical research if complications should arise.

(7) The right to be given an opportunity to ask any questions concerning the experiment or the procedures involved.

(8) The right to be instructed that consent to participate in the medical research may be withdrawn at any time and the research participant may discontinue participation in the medical research without prejudice.

(9) The right to be given a copy of the signed and dated written consent form as provided for by Section 24173 or Section 24178.

(10) The right to be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the research participant’s decision.

(b) The rights provided by this section do not supersede, but are in addition to, the rights afforded a research participant pursuant to the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20).

history: (History: Added by Stats. 2019, Ch. 864, Sec. 3. (AB 922) Effective January 1, 2020.)


text:
(a) Prior to obtaining informed consent from a subject for AOP or any alternative method of ovarian retrieval on a subject for the purpose of procuring oocytes for research or the development of medical therapies, a physician and surgeon shall provide to the subject a standardized medically accurate written summary of health and consumer issues associated with AOP and any alternative methods of oocyte retrieval. The failure to provide to a subject this standardized medically accurate written summary constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code.

(b) The summary shall include, but not be limited to, medically accurate disclosures concerning the potential risks of AOP or any alternative method of oocyte retrieval, including the risks associated with the surgical procedure and with using the drugs, medications, and hormones prescribed for ovarian stimulation during the AOP process or any alternative method of oocyte retrieval.

(c) For purposes of subdivision (a), “written summary of health and consumer issues” means the guide published and updated by the American Society for Reproductive Medicine entitled, “Assisted Reproductive Technology: A Guide for Patients” or an alternative written medically accurate document prepared by a recognized authority on oocyte retrieval for medical research that also meets the criteria included in this section. This alternative document may be one that has been approved and recommended by the State Department of Public Health pursuant to Section 125118 and shall include all of the following:

(1) The document shall adhere to simplified reading standards, including, but not limited to, those generally accepted and required for government publications. The document shall be written in layperson’s language and shall be made available in languages spoken by subjects in the study if their proficiency is largely in a language other than English. All information in the document shall be conveyed to the subject orally in easy to understand and nontechnical terms.

(2) The document shall include additional resources for, or list additional sources of, medical information on health and safety issues surrounding oocyte retrieval.

history: (History: Amended by Stats. 2007, Ch. 483, Sec. 34. Effective January 1, 2008.)


text:
(a) Prior to providing AOP or any alternative method of ovarian retrieval to a research participant for the purposes of medical research or development of medical therapies, a physician and surgeon shall obtain written and oral informed consent for the procedure from the research participant. Informed consent for the purposes of this chapter shall include a signed acknowledgment of the rights contained in the Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights and comply with the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20).

(b) The failure to obtain written informed consent from the research participant constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. This section does not relieve the physician and surgeon from other existing duties under the law, including, but not limited to, the duty to obtain a research participant’s informed consent after fully explaining the proposed procedure. The requirement that a physician and surgeon provide the standardized written summary pursuant to Section 125335 is in addition to, and does not supplant, other existing legal requirements regarding informed consent, including, but not limited to, compliance with the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20).

(c) This chapter does not affect the suitability or availability of oocytes procured for research before January 1, 2007, if the oocytes were donated pursuant to protocols or standards that are generally recognized and accepted by national or international scientific bodies.

(d) A written document required pursuant to this section shall adhere to simplified reading standards, including, but not limited to, those generally accepted and required for government publications, and in layperson’s language. The document shall be made available in languages spoken by research participants in the study if their proficiency is largely in a language other than English. All information in the written informed consent document shall also be conveyed to the research participant orally in easy to understand and nontechnical terms.

(e) Research conducted pursuant to this chapter shall adhere to federal regulations governing informed consent pursuant to Section 46.116 of Title 45 of the Code of Federal Regulations.

(f) This section does not limit or expand the right of an injured research participant to recover damages under any applicable law.

history: (History: Amended by Stats. 2019, Ch. 864, Sec. 4. (AB 922) Effective January 1, 2020.)


text:
An institutional review board (IRB) that reviews and approves medical and scientific research shall require all of the following of any research program or project that comes under its review that involves AOP or any alternative method of oocyte retrieval:

(a) That it include a written summary as required under Section 125335 that would include information on health risks and potential adverse consequences of the procedure and describe the manner in which the research participant will receive and review this written summary.

(b) That it inform the research participant that ongoing studies are necessary to assess the long-term health impacts of ovarian stimulation and oocyte retrieval.

(c) That it obtain a signed acknowledgment of the Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights and obtain informed consent in compliance with the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20), including informed consent for information obtained pursuant to Section 125342.

(d) That it provide the research participant with an objective and accurate statement about the existing state of the research for which the research participant is providing oocytes.

(e) That it perform psychological and physical screening, in accordance with the appropriate standard of care, for all research participants prior to the oocyte retrieval procedure.

(f) That it ensure that after conducting AOP or any alternative method of oocyte retrieval on a research participant the research participant be given a postprocedure medical examination at a time within the standard of care to determine if the research participant has experienced an adverse health effect that is a result of the procedure. The research participant shall be informed that they have the right to a second opinion if they have any medical concerns.

(g) That it ensure that the research participant has access to and coverage for medically appropriate medical care that is required as a direct result of the procedure for research purposes. The research program or project shall ensure that payment or coverage of resulting medical expenses be provided at no cost to the research participant and that a summary of the arrangements the procuring entity has made for coverage or payment for medical care related to AOP or any alternative method of oocyte retrieval is provided to the research participant prior to the procedure.

(h) That it provide a summary informing the research participant that oocytes may not be sold or transferred for valuable consideration except as set forth in Section 125350.

(i) That it provide disclosure if the physician and surgeon and their immediate family members have any professional interest in the outcome of the research or of the oocyte retrieval procedure and, if so, that it provide disclosure that they carry the interest of both the research participant and the success of the research.

history: (History: Amended by Stats. 2019, Ch. 864, Sec. 5. (AB 922) Effective January 1, 2020.)


text:
(a) A research program or project that involves AOP or any alternative method of oocyte retrieval shall ensure that a written record is established and maintained to include, but not be limited to, all of the following components:

(1) The demographics of subjects, including, but not limited to, their age, race, primary language, ethnicity, income bracket, education level, and the first three digits of the ZIP Code of current residence.

(2) Information regarding every oocyte that has been donated or used. This record should be sufficient to determine the provenance and disposition of those materials.

(3) A record of all adverse health outcomes, including, but not limited to, incidences and degrees of severity, resulting from the AOP or any alternative method of oocyte retrieval.

(b) (1) The information included in the written record pursuant to subdivision (a) shall not disclose personally identifiable information about subjects, and shall be confidential and is deemed protected by subject privacy provisions of law. This information shall be reported to the State Department of Public Health, which shall aggregate the data and make it publicly available, as set forth in paragraph (2), in a manner that does not reveal personally identifiable information about the subjects.

(2) The department shall provide public access to information that it is required to release pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The department shall disseminate the information to the general public via governmental and other websites in a manner that is understandable to the average person. The information shall be made available to the public when the biennial review pursuant to Section 125119.5 is provided to the Legislature.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 287. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)


text: Any employee who works in the unit conducting stem cell research using human oocytes, persons who report to, or are supervised by, the principal investigator or key personnel of the project, or both, along with the principal investigator and the key personnel of the project, and the immediate family members of any of the above persons are prohibited from being a subject in the research.

history: (History: Added by Stats. 2006, Ch. 483, Sec. 7. Effective January 1, 2007.)


text: The physician and surgeon performing the AOP or any alternative method of oocyte retrieval shall not have a financial interest in the outcome of the research.


text: Pursuant to guidelines adopted by the Research Council and Institute of Medicine of the National Academies, researchers shall offer subjects an opportunity to document their preferences regarding future uses of their donated materials. The consent process shall fully explore whether subjects have objections to any specific forms of research to ensure that their wishes are honored.


text: Any procedures for procuring oocytes in this state for research or the development of medical therapies shall meet all of the standards for subjects included in this chapter. All oocytes procured outside of this state for research taking place in this state shall meet these same standards. All egg extractions for research shall be approved by an institutional review board pursuant to Section 125341.


text: No human oocyte or embryo shall be acquired, sold, offered for sale, received, or otherwise transferred for valuable consideration for the purposes of medical research or development of medical therapies. For purposes of this section, “valuable consideration” does not include reasonable payment for the removal, processing, disposal, preservation, quality control, and storage of oocytes or embryos.


text:
(a) No payment in excess of the amount of reimbursement of direct expenses incurred as a result of the procedure shall be made to any subject to encourage the subject to produce human oocytes for the purposes of medical research.

(b) This section shall become operative on January 1, 2024.

history: (History: Repealed (in Sec. 7) and added by Stats. 2019, Ch. 864, Sec. 8. (AB 922) Effective January 1, 2020. Section operative January 1, 2024, by its own provisions.)


text:
If an individual providing human oocytes for the purposes of fertility is compensated, and any human oocytes or embryos in excess of those needed for fertility are offered for research, the institutional review board shall disregard the amount of compensation if all of the following conditions are met:

(a) The individual in infertility treatment, after being provided with the necessary disclosures as required for research participants under subdivision (a) of Section 125335, makes the determination that the individual does not want or need the oocytes for their own reproductive success, and provides informed consent to donate the oocytes for medical research.

(b) The procurement and disposition for research purposes of human oocytes that were initially provided for reproductive uses, either for use by the donor or another individual, shall not knowingly compromise the optimal reproductive success of the individual in the infertility treatment.

(c) The infertility treatment protocol is established prior to requesting or obtaining consent for donation for research purposes and the prospect of donation for research does not alter the timing, method, or procedures selected for clinical care.

(d) The clinic performing oocyte retrieval is a member of the Society for Assisted Reproductive Technology.

(e) The donation of oocytes for research is done without valuable consideration.

history: (History: Added by Stats. 2019, Ch. 864, Sec. 9. (AB 922) Effective January 1, 2020.)


text:
(a) Up to four regional dialysis centers with up to two in the northern and up to two in the southern part of the state, shall be established for the treatment of persons suffering from chronic uremia. Each center shall be located in a metropolitan area and shall have an affiliation with a large hospital or medical school, but shall not be necessarily a physical part of the institution. These institutions, however, shall be able to provide a full range of medical, surgical and rehabilitation services. The department shall only act as a granting agency for state funds that are appropriated for the establishment and the continuation of the four centers. The department, upon the advice of the review committee that is provided for by Section 125515, may contract with any hospital or medical care institution for the administration and operation of one of the regional dialysis centers. It is not the intent of this section that any new hospital or medical school be established.

(b) Any moneys appropriated by Chapter 1416 of the Statutes of 1972 may be used either in existing dialysis and kidney transplantation programs for children or to establish new programs for such purposes. Any new or existing dialysis center funded pursuant to this subdivision shall provide for children the same center dialysis, home dialysis, and outpatient clinic services as are provided under Section 125530. Any new center funded pursuant to this subdivision shall be designated as a pediatric renal failure center. Funds granted for aid to children under this subdivision shall be based upon need as determined by the Renal Dialysis Review Committee established pursuant to Section 125515 and an evaluation by the department of a county’s ability to fund their one-fourth share of a child’s care under the Crippled Children’s Services Program. The funds shall only cover costs not recoverable from direct or third party payments. A pediatric renal failure center may use funds provided under this subdivision for payment of costs for kidney transplantation services at any hospital that is authorized to perform these services by the department. For purposes of this subdivision, a child is any person 18 years of age or under.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)

part: 7. CHRONIC DISEASE SERVICES

chapter: 1. Kidney Diseases-Chronic Uremia

path: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) > 7. CHRONIC DISEASE SERVICES > 1. Kidney Diseases-Chronic Uremia


text: The dialysis centers shall be designed primarily to provide lifesaving dialysis services to approximately 30 patients in each center. Funds shall be provided for developing home dialysis treatment services for approximately 20 patients in each center and the necessary specialized personnel and equipment to operate each center. Funds for construction of the centers shall also be provided. The centers shall develop and utilize newer methods of dialysis designed to make the process more efficient and economical and shall take into account other applications of the procedure such as home dialysis. Centers may seek the active participation and consultation from industry in order to streamline equipment and procedures for greater efficiency.


text: The dialysis centers shall also serve to provide training for medical and nursing personnel who will carry out dialysis services in other communities in the state. The dialysis centers may also work in close cooperation with other medical specialists who are seeking ways to develop successful means of kidney transplantation. Dialysis services are necessary as an adjunct to this type of medical investigation.


text: The director shall appoint a review committee, upon nomination of the represented party, not to exceed nine members, at least four of whom shall be physicians, including at least one physician specializing in kidney transplantation and at least two physicians specializing in pediatric nephrology, one member to represent the University of California, one to represent a private organization or organizations concerned with kidney disease in California, one to represent the department, and two members to represent the lay public. The chairman of the committee shall be appointed by the Governor. This committee shall establish standards for the expenditure of state funds that are provided for the establishment and support of regional dialysis and transplantation centers to assure the availability of specialized personnel, resources, and equipment necessary to enable the centers to function and care for patients with severe uremia. The director shall choose from a list provided by the review committee the institutions that qualify under the standards established to receive grants of state funds to establish and continue a regional dialysis center. The review committee shall also examine periodically the performance of established regional dialysis centers and recommend continuation grants to the director. The members of the review committee shall serve for a two-year period and may be reappointed. Not more than half the membership of the committee shall be changed during any one year. The committee shall serve without compensation, but shall receive their necessary travel expenses.


text: The dialysis centers may also receive and make use of any outside source of funds that may become available from federal, voluntary, philanthropic, or other sources in order to augment state funds.


text: No resident of this state shall be denied treatment in any of the regional dialysis centers because of his or her place of residence, so long as he or she is able to transport himself to the center.


text: The funds that are provided by the state shall only be expended for the construction and equipment of the regional dialysis centers; equipment for and development of, home dialysis services; training of personnel and other expenses incident to the activation of the regional centers; services of dialysis and directly associated procedures; and treatment of complications that may result from dialysis. These funds shall not be utilized to pay for general medical care services that should come from private, local, other state or federal sources.


text: The department succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the Department of Benefit Payments with respect to the payment of grants to and audit responsibility for regional dialysis centers under this chapter and for home dialysis training centers under Chapter 2 (commencing with Section 125550).


text: The department shall have possession and control of all records, papers, equipment, and supplies held for the benefit or use of the Director of Benefit Payments in the performance of his or her duties, powers, purposes, responsibilities, and jurisdiction that are vested in the department by Section 125535.


text: All officers and employees of the Director of Benefit Payments 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 125535 shall be transferred to the department. The status, positions, and rights of those 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 exempt from civil service.


text: Up to three home dialysis training centers shall be established for the purpose of training persons suffering from chronic uremia for home dialysis. Each center shall have an affiliation with a large hospital or medical school, but shall utilize the most economical facilities for treatment. These institutions, however, shall be able to provide a full range of home dialysis training services. The department and the review committee established pursuant to Section 125515 shall exercise over the home dialysis training centers the same powers they exercise, pursuant to Chapter 1 (commencing with Section 125500), over regional dialysis centers.

chapter: 2. Home Dialysis Training Center

path: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) > 7. CHRONIC DISEASE SERVICES > 2. Home Dialysis Training Center


text: Each center shall contain approximately four dialysis bed units. The department shall grant to each center fifty thousand dollars ($50,000) during the first year, twenty-five thousand dollars ($25,000) during the second year, and twelve thousand five hundred dollars ($12,500) during the third year. The department shall grant to each center not to exceed five thousand dollars ($5,000) in the first year for the purchasing or leasing of equipment and not to exceed two thousand five hundred dollars ($2,500) in the first year for construction or remodeling of the physical facility.


text: This chapter shall be known and may be cited as the “California Osteoporosis Prevention and Education Act.”

history: (History: Added by Stats. 1999, Ch. 819, Sec. 2. Effective January 1, 2000.)

part: 8. ADULT HEALTH

path: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) > 8. ADULT HEALTH > 1. California Osteoporosis Prevention and Education Act


text: It is the intent of the Legislature to promote public awareness of the causes of and options for the prevention of osteoporosis, to educate the public regarding the prevention and management of osteoporosis, and to improve management of osteoporosis, and thereby to minimize the impact of this debilitating disease.

chapter: 1. California Osteoporosis Prevention and Education Act


text: There is hereby created within the department the California Osteoporosis Prevention and Education Program. The target population for this program shall be persons of age 50 years or older.


text:
The department shall, in consultation with the California Department of Aging, do all of the following in the establishment of the program:

(a) Promote public awareness concerning the causes and nature of, the personal risk factors for, the value of prevention of, and the options for management of osteoporosis.

(b) Work with other state and local agencies to promote osteoporosis educational and training programs for physicians and other health professionals.

(c) Convene an advisory panel of individuals with knowledge and expertise in osteoporosis research, women’s health, healthy aging, prevention strategies, educational programs, and consumer needs to guide program development.


text: In consultation with the advisory panel convened pursuant to subdivision (c) of Section 125703, the department shall develop effective protocols for the prevention of falls and fractures and establish these protocols in community practice to improve the prevention and management of osteoporosis.


text: The director shall seek private sector financial support, grants, and other appropriate moneys to support the California Osteoporosis Prevention and Education Program.


text:
(a) The Legislature finds and declares as follows:

(1) Male circumcision has a wide array of health and affiliative benefits.

(2) This section clarifies existing law.

(b) No city, county, or city and county ordinance, regulation, or administrative action shall prohibit or restrict the practice of male circumcision, or the exercise of a parent’s authority to have a child circumcised.

(c) The Legislature finds and declares that the laws affecting male circumcision must have uniform application throughout the state. Therefore, this part shall apply to general law and charter cities, general law and charter counties, and charter city and counties.

history: (History: Added by Stats. 2011, Ch. 398, Sec. 1. (AB 768) Effective October 2, 2011.)

part: 10. MALE CIRCUMCISION

path: 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) > 10. MALE CIRCUMCISION


text: There is in the state government, in the Health and Welfare Agency, the Department of Health Care Access and Information.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 30. (AB 133) Effective July 27, 2021.)

division: 107. HEALTH CARE ACCESS AND INFORMATION

chapter: 1. General Provisions

path: 107. HEALTH CARE ACCESS AND INFORMATION > 1. DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION > 1. General Provisions


text: Any reference to the Office of Statewide Health Planning and Development shall be deemed a reference to the Department of Health Care Access and Information.

history: (History: Added by Stats. 2021, Ch. 143, Sec. 31. (AB 133) Effective July 27, 2021.)

part: 1. DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION


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

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 32. (AB 133) Effective July 27, 2021.)


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

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 33. (AB 133) Effective July 27, 2021.)


text:
(a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the Department of Health Care Access and Information shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, contractors, subcontractors, and volunteers whose duties include, or would include, access to medical information, as defined in Section 56.05 of the Civil Code.

(b) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

history: (History: Added by Stats. 2024, Ch. 997, Sec. 17. (AB 179) Effective September 30, 2024.)


text:
(a) Every health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, except a health facility owned and operated by the state, shall each year be charged a fee established by the department consistent with the requirements of this section.

(b) Commencing in calendar year 2004, every freestanding ambulatory surgery clinic as defined in Section 128700, shall each year be charged a fee established by the department consistent with the requirements of this section.

(c) The fee structure shall be established each year by the department to produce revenues equal to the appropriation made in the annual Budget Act or another statute to pay for the functions required to be performed by the department pursuant to this chapter, Article 2 (commencing with Section 127340) of Chapter 2, or Chapter 1 (commencing with Section 128675) of Part 5, and to pay for any other health-related programs administered by the department. The fee shall be due on July 1 and delinquent on July 31 of each year.

(d) The fee for a health facility that is not a hospital, as defined in subdivision (f) of Section 128700, shall be not more than 0.035 percent of the gross operating cost of the facility for the provision of health care services for its last fiscal year that ended on or before June 30 of the preceding calendar year.

(e) The fee for a hospital, as defined in subdivision (f) of Section 128700, shall be not more than 0.035 percent of the gross operating cost of the facility for the provision of health care services for its last fiscal year that ended on or before June 30 of the preceding calendar year.

(f) (1) The fee for a freestanding ambulatory surgery clinic shall be established at an amount equal to the number of ambulatory surgery data records submitted to the department pursuant to Section 128737 for encounters in the preceding calendar year multiplied by not more than fifty cents ($0.50).

(2) (A) For the calendar year 2004 only, a freestanding ambulatory surgery clinic shall estimate the number of records it will file pursuant to Section 128737 for the calendar year 2004 and shall report that number to the department by March 12, 2004. The estimate shall be as accurate as possible. The fee in the calendar year 2004 shall be established initially at an amount equal to the estimated number of records reported multiplied by fifty cents ($0.50) and shall be due on July 1 and delinquent on July 31, 2004.

(B) The department shall compare the actual number of records filed by each freestanding clinic for the calendar year 2004 pursuant to Section 128737 with the estimated number of records reported pursuant to subparagraph (A). If the actual number reported is less than the estimated number reported, the department shall reduce the fee of the clinic for calendar year 2005 by the amount of the difference multiplied by fifty cents ($0.50). If the actual number reported exceeds the estimated number reported, the department shall increase the fee of the clinic for calendar year 2005 by the amount of the difference multiplied by fifty cents ($0.50) unless the actual number reported is greater than 120 percent of the estimated number reported, in which case the department shall increase the fee of the clinic for calendar year 2005 by the amount of the difference, up to and including 120 percent of the estimated number, multiplied by fifty cents ($0.50), and by the amount of the difference in excess of 120 percent of the estimated number multiplied by one dollar ($1).

(g) There is hereby established the California Health Data and Planning Fund within the department for the purpose of receiving and expending fee revenues collected pursuant to this chapter.

(h) Any amounts raised by the collection of the special fees provided for by subdivisions (d), (e), and (f) that are not required to meet appropriations in the Budget Act for the current fiscal year shall remain in the California Health Data and Planning Fund and shall be available to the department in succeeding years when appropriated by the Legislature in the annual Budget Act or another statute, for expenditure under the provisions of this chapter, Article 2 (commencing with Section 127340) of Chapter 2, and Chapter 1 (commencing with Section 128675) of Part 5, or for any other health-related programs administered by the department, and shall reduce the amount of the special fees that the department is authorized to establish and charge. In no event, however, shall those amounts be used for programs administered by the department pursuant to Sections 127676, 127679, 127681, 127683, and 127685, that become effective on or after January 1, 2019.

(i) (1) No health facility liable for the payment of fees required by this section shall be issued a license or have an existing license renewed unless the fees are paid. A new, previously unlicensed, health facility shall be charged a pro rata fee to be established by the department during the first year of operation.

(2) The license of any health facility, against which the fees required by this section are charged, shall be revoked, after notice and hearing, if it is determined by the department that the fees required were not paid within the time prescribed by subdivision (c).

(j) This section shall become operative on January 1, 2002.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 73. (AB 133) Effective July 27, 2021.)

part: 2. HEALTH POLICY AND PLANNING

chapter: 1. Health Planning

path: 107. HEALTH CARE ACCESS AND INFORMATION > 2. HEALTH POLICY AND PLANNING > 1. Health Planning


text: Notwithstanding any other provision of law, up to two hundred thousand dollars ($200,000) of the moneys collected pursuant to Section 127280 may be used by the State Department of Health Services for data collection on, analysis of, and reporting on, maternal and perinatal outcomes, if funds are appropriated in the Budget Act.

history: (History: Amended by Stats. 2003, Ch. 230, Sec. 16. Effective August 11, 2003.)


text:
(a) Health facilities and clinics, except for chronic dialysis clinics as defined in subdivision (b) of Section 1204, shall annually report to the department all of the following information on forms supplied by the department:

(1) A current inventory of beds and services.

(2) Utilization data by bed type and service.

(3) Acquisitions of diagnostic or therapeutic equipment during the reporting period with a value in excess of five hundred thousand dollars ($500,000).

(4) Commencement of projects during the reporting period that require a capital expenditure for the facility or clinic in excess of one million dollars ($1,000,000).

(b) With respect to chronic dialysis clinics, the department may annually obtain this information to the extent it is available from the Federal End Stage Renal Disease Network.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 74. (AB 133) Effective July 27, 2021.)


text:
(a) Commencing on January 1, 2027, health facilities, clinics, home health agencies, and hospices shall annually report to the department, on forms supplied by the department, whether all of their health care employees eligible for employer-sponsored health care coverage are eligible to receive coverage at the commencement of employment without a waiting period. If not all health care employees eligible for employer-sponsored health care coverage are eligible without a waiting period, the health facilities, clinics, home health agencies, and hospices shall additionally report the following on forms supplied by the department:

(1) If the same waiting period applies to all eligible health care employees, the length of the waiting period.

(2) If different waiting periods apply to different classifications of eligible health care employees, the length of the waiting period for each classification employed by the health facility, clinic, home health agency, or hospice.

(b) The information required by paragraph (2) of subdivision (a) shall be collected for the following employee classifications:

(1) Physicians.

(2) Physician interns, residents, and fellows.

(3) Registered nurses.

(4) Licensed vocational nurses.

(5) Aides and orderlies.

(6) Medical assistants.

(7) Home health aides.

(8) Technicians and specialists.

(9) Clerical and other administrative staff.

(10) Environmental services and food staff.

(11) Management and supervision.

(12) All other employee classifications.

(c) The department shall provide the health facilities, clinics, home health agencies, and hospices the ability to report the waiting period information required under subdivision (a) in the following date ranges:

(1) Zero days.

(2) 1 to 14 days.

(3) 15 to 30 days.

(4) 31 to 60 days.

(5) 61 to 90 days.

(6) More than 90 days.

(d) The department shall, to the extent feasible, integrate the reporting obligation imposed pursuant to this section with existing reports that health facilities, clinics, home health agencies, and hospices are required to submit to the department to minimize any additional burden. Notwithstanding subdivision (a), this section shall not apply to health facilities, clinics, home health agencies, and hospices that are not required to file reports with the department.

(e) The department shall post the information reported pursuant to this section on its internet website on at least an annual basis.

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

(1) “Health facilities, clinics, home health agencies, and hospices” means all of the following:

(A) “Health facilities,” as defined by Section 1250, except that “health facilities” does not include facilities within the meaning of subdivisions (e), (h), (j), or (m) of Section 1250.

(B) “Clinics,” as defined by Section 1200.

(C) “Home health agencies,” as defined by Section 1727.

(D) “Hospices,” as defined by Section 1746.

(2) “Waiting period” means the number of days between the date of commencement of employment and the start date of employer-sponsored health care coverage eligibility.

history: (History: Added by Stats. 2025, Ch. 398, Sec. 1. (AB 1418) Effective January 1, 2026.)


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

(a) Private not-for-profit hospitals meet certain needs of their communities through the provision of essential health care and other services. Public recognition of their unique status has led to favorable tax treatment by the government. In exchange, nonprofit hospitals assume a social obligation to provide community benefits in the public interest.

(b) Hospitals and the environment in which they operate have undergone dramatic changes. The pace of change will accelerate in response to health care reform. In light of this, significant public benefit would be derived if private not-for-profit hospitals reviewed and reaffirmed periodically their commitment to assist in meeting their communities’ health care needs by identifying and documenting benefits provided to the communities which they serve.

(c) California’s private not-for-profit hospitals provide a wide range of benefits to their communities in addition to those reflected in the financial data reported to the state.

(d) Unreported community benefits that are often provided but not otherwise reported include, but are not limited to, all of the following:

(1) Community-oriented wellness and health promotion.

(2) Prevention services, including, but not limited to, health screening, immunizations, school examinations, and disease counseling and education.

(3) Adult day care.

(4) Child care.

(5) Medical research.

(6) Medical education.

(7) Nursing and other professional training.

(8) Home-delivered meals to the homebound.

(9) Sponsorship of free food, shelter, and clothing to the homeless.

(10) Outreach clinics in socioeconomically depressed areas.

(e) Direct provision of goods and services, as well as preventive programs, should be emphasized by hospitals in the development of community benefit plans.

history: (History: Added by Stats. 1996, Ch. 1023, Sec. 353. Effective September 29, 1996.)

article: 2. Hospitals: Community Benefits

path: 107. HEALTH CARE ACCESS AND INFORMATION > 2. HEALTH POLICY AND PLANNING > 2. Health Policy Research and Evaluation > 2. Hospitals: Community Benefits


text:
As used in this article, the following terms have the following meanings:

(a) “Charity care” means free health services provided without expectation of payment to persons who meet the organization’s criteria for financial assistance and are unable to pay for all or a portion of the services. Charity care shall be reported at cost, as reported to the Department of Health Care Access and Information. Charity care does not include bad debt defined as uncollectible charges that the organization recorded as revenue but wrote off due to a patient’s failure to pay.

(b) “Community benefits plan” means the written document prepared for annual submission to the Department of Health Care Access and Information that shall include, but shall not be limited to, a description of the activities that the hospital has undertaken in order to address identified community needs within its mission and financial capacity, and the process by which the hospital developed the plan in consultation with the community.

(c) “Community” means the service areas or patient populations for which the hospital provides health care services.

(d) (1) Solely for the planning and reporting purposes of this article, “community benefit” means a hospital’s activities that are intended to address community needs and priorities primarily through disease prevention and improvement of health status, including, but not limited to, any of the following:

(A) Health care services, rendered to vulnerable populations, including, but not limited to, charity care and the unreimbursed cost of providing services to the uninsured, underinsured, and those eligible for Medi-Cal, Medicare, California Children’s Services Program, or county indigent programs.

(B) The unreimbursed cost of services included in subdivision (d) of Section 127340.

(C) Financial or in-kind support of public health programs.

(D) Donation of funds, property, or other resources that contribute to a community priority.

(E) Health care cost containment.

(F) Enhancement of access to health care or related services that contribute to a healthier community.

(G) Services offered without regard to financial return because they meet a community need in the service area of the hospital, and other services including health promotion, health education, prevention, and social services.

(H) Food, shelter, clothing, education, transportation, and other goods or services that help maintain a person’s health.

(2) “Community benefit” does not mean activities or programs that are provided primarily for marketing purposes or are more beneficial to the organization than to the community.

(e) “Community needs assessment” means the process by which the hospital identifies, for its primary service area as determined by the hospital, unmet community needs.

(f) “Community needs” means those requisites for improvement or maintenance of health status in the community.

(g) “Hospital” means a private not-for-profit acute hospital licensed under subdivision (a), (b), or (f) of Section 1250 and is owned by a corporation that has been determined to be exempt from taxation under the United States Internal Revenue Code. “Hospital” does not mean any of the following:

(1) Hospitals that are dedicated to serving children and that do not receive direct payment for services to any patient.

(2) Small and rural hospitals as defined in Section 124840, unless the hospital is part of a hospital system.

(3) A district hospital organized and governed pursuant to the Local Health Care District Law (Division 23 (commencing with Section 32000)) or a nonprofit corporation that is affiliated with the health care district hospital owner by means of the district’s status as the nonprofit corporation’s sole corporate member pursuant to subparagraph (B) of paragraph (1) of subdivision (h) of Section 14169.31 of the Welfare and Institutions Code.

(h) “Mission statement” means a hospital’s primary objectives for operation as adopted by its governing body.

(i) “Vulnerable populations” means any population that is exposed to medical or financial risk by virtue of being uninsured, underinsured, or eligible for Medi-Cal, Medicare, California Children’s Services Program, or county indigent programs. “Vulnerable populations” also includes both of the following:

(1) Racial and ethnic groups experiencing disparate health outcomes, including Black/African American, American Indian, Alaska Native, Asian Indian, Cambodian, Chinese, Filipino, Hmong, Japanese, Korean, Laotian, Vietnamese, Native Hawaiian, Guamanian or Chamorro, Samoan, or other nonwhite racial groups, as well as individuals of Hispanic/Latino origin, including Mexicans, Mexican Americans, Chicanos, Salvadorans, Guatemalans, Cubans, and Puerto Ricans.

(2) Socially disadvantaged groups, including all of the following:

(A) The unhoused.

(B) Communities with inadequate access to clean air and safe drinking water, as defined by an environmental California Healthy Places Index score of 50 percent or lower.

(C) People with disabilities.

(D) People identifying as lesbian, gay, bisexual, transgender, or queer.

(E) Individuals with limited English proficiency.

history: (History: Amended by Stats. 2021, Ch. 751, Sec. 1. (AB 1204) Effective January 1, 2022.)

chapter: 2. Health Policy Research and Evaluation

article: 2. Hospitals: Community Benefits


text:
(a) The Department of Healthcare Access and Information may impose a fine not to exceed five thousand dollars ($5,000) on hospitals for failure to adopt, update, or submit community benefit plans consistent with Section 127350.

(b) The department may grant a hospital an automatic 60-day extension for submitting annual community benefit plans.

(c) The department shall annually prepare, and post on its internet website, a report that includes all of the following:

(1) The amount each hospital spent on community benefits.

(2) The amount of community benefit spending attributable to charity care, the unpaid cost of government-sponsored health care programs, and community benefit programs and activities.

(3) A list of all hospitals that failed to report community benefits spending.

(d) The department shall make all community benefit plans submitted by hospitals pursuant to Section 127350 available to the public on its internet website.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 80. (AB 133) Effective July 27, 2021.)

article: 2. Hospitals: Community Benefits


text:
Each hospital shall do all of the following:

(a) By July 1, 1995, reaffirm its mission statement that requires its policies integrate and reflect the public interest in meeting its responsibilities as a not-for-profit organization.

(b) By January 1, 1996, complete, either alone, in conjunction with other health care providers, or through other organizational arrangements, a community needs assessment evaluating the health needs of the community serviced by the hospital, that includes, but is not limited to, a process for consulting with community groups and local government officials in the identification and prioritization of community needs that the hospital can address directly, in collaboration with others, or through other organizational arrangement. The community needs assessment shall be updated at least once every three years.

(c) By April 1, 1996, and annually thereafter adopt and update a community benefits plan for providing community benefits either alone, in conjunction with other health care providers, or through other organizational arrangements.

(d) (1) Annually submit its community benefits plan, including, but not limited to, the activities that the hospital has undertaken in order to address community needs within its mission and financial capacity to the Department of Health Care Access and Information. The hospital shall assign and report the economic value of community benefits provided in furtherance of its plan, and include a description of how needs identified in the assessment are being addressed and which needs are not being addressed, and why. Effective with hospital fiscal years, beginning on or after January 1, 1996, each hospital shall file a copy of the plan with the department not later than 150 days after the hospital’s fiscal year ends.

(2) Hospitals under the common control of a single corporation or another entity may file a consolidated report if the report includes each hospital’s community benefit financial data and describes the benefits provided to the communities in the hospitals’ geographic area. Hospitals on a consolidated license may file a consolidated community benefit plan report if they serve the same geographic area.

(3) Each hospital’s community benefit report shall contain an explanation of the methodology used to determine the hospital’s costs, written in plain English.

(e) Annually post its community benefits plan on its internet website.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 81. (AB 133) Effective July 27, 2021.)

article: 2. Hospitals: Community Benefits


text:
The hospital shall include all of the following elements in its community benefits plan:

(a) Mechanisms to evaluate the plan’s effectiveness including, but not limited to, a method for soliciting the views of the community served by the hospital and identification of community groups and local government officials consulted during the development of the plan.

(b) Measurable objectives to be achieved within specified timeframes.

(c) Community benefits categorized into the following framework:

(1) Medical care services.

(2) Other benefits for vulnerable populations.

(3) Other benefits for the broader community.

(4) Health research, education, and training programs.

(5) Nonquantifiable benefits.

article: 2. Hospitals: Community Benefits


text: Nothing in this article shall be used to justify the tax-exempt status of a hospital under state law. Nothing in this article shall preclude the department from requiring hospitals to directly report their charity activities.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 82. (AB 133) Effective July 27, 2021.)

article: 2. Hospitals: Community Benefits


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

(a) The COVID-19 health emergency has thrown into sharp relief longstanding health inequities along racial, ethnic, and socioeconomic lines. Black, Hispanic, and Indigenous people have been disproportionately affected during the pandemic; for example, the age-adjusted mortality rate among Black people with COVID-19 is more than three times as high as that of Whites.

(b) Disparities in access to care and quality of care contribute to racial health disparities. The disparate impact of the pandemic has highlighted the tiered nature of the current health care system, a structure that significantly impacts the quality of care patients receive along racial, ethnic, and socioeconomic lines.

(c) Reporting on the racially disproportionate impact of COVID-19 has called attention to the need for further data on racial and ethnic disparities in health care.

(d) Data currently reported by California hospitals that could be used to analyze access to and quality of care by age, sex, race, ethnicity, language, disability status, sexual orientation, gender identity, and socioeconomic status is not available to consumers or the general public.

(e) Although nonprofit hospitals are currently required to develop and report on their community benefits plans to provide services to vulnerable populations in their service areas, the law should be updated to ensure that the needs of vulnerable populations, including racial and ethnic groups experiencing disparate health outcomes and socially disadvantaged groups, are specifically considered and addressed.

(f) All California health systems and large physician providers, whether operated as nonprofit or for-profit, and by a county, the University of California, or other governmental entity, should systematically collect and publish racial and ethnic data for a range of standard access, quality, and outcome measures, as well as their processes to overcome biases in the provision of and access to health care services.

(g) As part of President Joe Biden’s January 2021 Executive Order Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, the federal Centers for Medicare and Medicaid Services are developing health equity measures as part of the proposed rules for other Medicare prospective payment systems, which may include stratification of quality measure results by race, ethnicity, dual eligible status, disability status, LGBTQ+ identity, and socioeconomic status and a standardized set of demographic data elements by hospital at the time of admission.

(h) The Agency for Healthcare Research and Quality (AHRQ) Quality Indicators (QIs) are standardized, evidence-based measures of health care access and quality that are readily used with hospital inpatient administrative data for all payor categories to measure and track clinical performance and outcomes. The four areas for which AHRQ has developed indicators focus on adult prevention, pediatric prevention, inpatient quality, and patient safety. The state has used these indicators in the past to explore racial and ethnic disparities at an aggregate level.

(i) The dearth of racially and ethnically disaggregated data reflecting the health of communities of color underlies the challenges of a fully informed public health response, and is a matter of statewide concern. It will benefit the state’s public health response for hospitals and health systems to share information with the state, consumers, and the public using the standardized AHRQ QIs and NCQA HEDIS measures, as it will facilitate input by affected communities into addressing longstanding racial, ethnic, and socioeconomic health disparities, and thereby contribute to well-informed health policy.

(j) Facilitating the public sharing of data on health care disparities will assist the state and civil rights advocates in enforcing existing civil rights laws, including Section 11135 of the Government Code, the Unruh Civil Rights Act (Section 51 of the Civil Code), Title VI of the Civil Rights Act of 1964 (Public Law 88-352), and Section 1557 of the Patient Protection and Affordable Care Act (Public Law 111-148).

history: (History: Added by Stats. 2021, Ch. 751, Sec. 2. (AB 1204) Effective January 1, 2022.)

article: 3. The Medical Equity Disclosure Act

path: 107. HEALTH CARE ACCESS AND INFORMATION > 2. HEALTH POLICY AND PLANNING > 2. Health Policy Research and Evaluation > 3. The Medical Equity Disclosure Act


text:
As used in this article:

(a) “Advisory committee” means the Health Care Equity Measures Advisory Committee established pursuant to Section 127376.

(b) “Disparity reduction” means a reduction in variation in disease occurrence, including communicable diseases and chronic conditions, as well as health outcomes for vulnerable populations.

(c) “Equity report” means a written document prepared for annual submission to the Department of Health Care Access and Information pursuant to this article.

(d) “Hospital” means an acute hospital licensed pursuant to subdivision (a), (b), or (f) of Section 1250.

(e) “Hospital system” means an entity or system of entities that includes or owns two or more hospitals within the state, of which at least one is a general acute care hospital, as defined in subdivision (a) of Section 1250.

(f) “Integrated system” means an entity or system of entities that includes one or more hospitals and is related to one or more hospitals, health plans, or physician groups through parent-subsidiary relationships, contractual relationships, or common boards and shared senior management.

(g) “Patient population” means all of the people served by a hospital.

(h) “Vulnerable populations” includes both of the following:

(1) Racial and ethnic groups experiencing disparate health outcomes, including Black/African American, American Indian, Alaska Native, Asian Indian, Cambodian, Chinese, Filipino, Hmong, Japanese, Korean, Laotian, Vietnamese, Native Hawaiian, Guamanian or Chamorro, Samoan, or other nonwhite racial groups, as well as individuals of Hispanic/Latino origin, including Mexicans, Mexican Americans, Chicanos, Salvadorans, Guatemalans, Cubans, and Puerto Ricans.

(2) Socially disadvantaged groups, including all of the following:

(A) The unhoused.

(B) Communities with inadequate access to clean air and safe drinking water, as defined by an environmental California Healthy Places Index score of 50 percent or lower.

(C) People with disabilities.

(D) People identifying as lesbian, gay, bisexual, transgender, or queer.

(E) Individuals with limited English proficiency.

article: 3. The Medical Equity Disclosure Act


text:
(a) A hospital shall prepare an annual equity report. The equity report shall include an analysis of health status and access to care disparities for patients on the basis of age, sex, race, ethnicity, language, disability status, sexual orientation, gender identity, and payor.

(b) On and after September 30, 2025, but not until 12 months after the release of the federal Centers for Medicare and Medicaid Services’ health equity quality measures for their proposed rules for other Medicare prospective payment systems, the annual equity report submitted by a hospital shall report on the Agency for Healthcare Research and Quality’s Quality Indicators or any other relevant measures specified by the advisory committee, including measures of access, quality, and outcomes by age, sex, race, ethnicity, language, disability status, sexual orientation, gender identity, and payor for the hospital’s patient populations, pursuant to the recommendations provided by the advisory committee. The equity report shall also include a plan to prioritize and address disparities for vulnerable populations identified in the data, with measurable objectives and specific timeframes, pursuant to the recommendations provided by the advisory committee and consistent with subdivision (d).

(c) A hospital system with more than one hospital shall present the information in the equity report disaggregated at the individual hospital level and aggregated across all hospitals in the system.

(d) A hospital’s equity report shall include a health equity plan to achieve disparity reduction for disparities identified in the data, as specified by the advisory committee, with measurable objectives and specific timeframes for disparity reduction. This shall include addressing both of the following:

(1) The 10 widest disparities in health care quality for vulnerable populations, access, or outcomes, as determined by the advisory committee.

(2) Performance across all of the following priority areas:

(A) Person-centered care.

(B) Patient safety.

(C) Addressing patient social determinants of health.

(D) Effective treatment.

(E) Care coordination.

(F) Access to care.

article: 3. The Medical Equity Disclosure Act


text:
(a) A hospital shall do all of the following with respect to an equity report prepared pursuant to Section 127372:

(1) Include in the equity report an explanation of the methodology used, written in plain English.

(2) Annually submit the equity report to the Department of Health Care Access and Information. A hospital shall file a copy of the report with the department for the relevant calendar years according to the reporting schedule established by the department.

(3) Annually post the equity report on the hospital’s internet website. The report shall be available via a link that includes the words “Equity Report” or a substantially similar term, which shall be visible on the main page of the hospital’s internet website as loaded by a standard internet browser in an easily readable font size without having to scroll down.

(b) A hospital under the common control of a single corporation or another entity may file a consolidated equity report if the report includes each hospital’s equity data.

(c) Hospitals that are part of an integrated system may prepare and submit a single joint equity report if the report separately addresses each hospital’s equity analysis.

(d) Data and information included in annual equity reports shall be reported to the extent information is available and disclosed in a manner that protects the personal information of patients pursuant to state and federal privacy laws, including the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).

article: 3. The Medical Equity Disclosure Act


text:
(a) The Department of Health Care Access and Information may impose a fine not to exceed five thousand dollars ($5,000) against a hospital that fails to adopt, update, or submit an equity report consistent with this article and any implementing regulations adopted by the department.

(b) The department may grant a hospital an automatic 60-day extension to submit an equity report.

(c) The department shall annually prepare, and post on its internet website, a report that includes a list of all hospitals that failed to submit equity reports.

(d) The department shall make all equity reports submitted pursuant to this article available to the public on its internet website.

(e) Data and information posted on hospital internet websites and submitted to and made public by the department shall be disclosed in a manner that protects the personal information of patients pursuant to deidentification requirements as specified by the department, as well as any state and federal privacy laws, including the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).

article: 3. The Medical Equity Disclosure Act


text: The Department of Health Care Access and Information shall adopt any rules, regulations, or informal guidance necessary to further the objectives of this article.

article: 3. The Medical Equity Disclosure Act


text:
(a) The Department of Health Care Access and Information shall convene a Health Care Equity Measures Advisory Committee, composed of at least one academic health care quality and measurement expert and at least six stakeholder representatives, including at least one representative of each of the following:

(1) Associations representing public hospitals and health systems.

(2) Associations representing private hospitals and health systems.

(3) Organized labor.

(4) Organizations representing consumers.

(5) Organizations representing vulnerable populations.

(6) A representative of the department.

(b) (1) The advisory committee membership shall consist of no fewer than 9 persons and no more than 11 persons.

(2) The Director of the Department of Health Care Access and Information shall appoint the advisory committee members pursuant to subdivision (a). The initial terms of the committee members shall be established to create staggered terms of office by drawing lots at the first meeting of the committee. One-half of the committee members shall serve a two-year term, and one-half of the committee members shall serve a one-year term. After their initial term of office is complete, a committee member shall serve a two-year term. Each appointed member shall serve a term of two years. Each appointed member shall serve at the discretion of the director and may be removed at any time.

(3) The chairperson of the advisory committee shall be an appointed member and shall be elected by a majority of the appointed members.

(c) (1) The advisory committee shall assist and advise the director in reviewing and amending the appropriate measures that align with the health equity measures developed by the federal Centers for Medicare and Medicaid Services at the hospital-, hospital system-, and integrated system-level related to access, quality, and outcomes, including any relevant Agency for Healthcare Research and Quality’s Quality Indicators, that hospitals are required to report in their annual equity reports pursuant to Section 127372.

(2) The advisory committee shall provide recommendations pursuant to paragraph (1) no later than December 31, 2022, or 120 days after the release of the health equity measures by the federal Centers for Medicare and Medicaid Services, whichever occurs later. These recommendations shall be published on the department’s internet website.

(d) (1) The advisory committee shall assist and advise the director in reviewing, amending, and evaluating, as necessary, the appropriate disparities and performance areas to be addressed in the health equity plan that a hospital is required to include in their annual equity reports pursuant to Section 127372.

(2) The advisory committee shall consider differences in patient populations and geographic areas served when reviewing health equity plans.

(3) No later than September 30, 2027, or 24 months after the release of the health equity measures by the federal Centers for Medicare and Medicaid Services, whichever occurs later, the advisory committee shall make recommendations to the department regarding the health equity plan, as described in Section 127372. These recommendations shall be published on the department’s internet website.

(e) (1) The advisory committee shall, through its meetings, provide a forum for stakeholder and public engagement.

(2) The advisory committee shall meet at least twice per year or when requested by the director.

article: 3. The Medical Equity Disclosure Act


text:
As used in this article, the following terms have the following meanings:

(a) “Allowance for financially qualified patient” means, with respect to services rendered to a financially qualified patient, an allowance that is applied after the hospital’s charges are imposed on the patient, due to the patient’s determined financial inability to pay the charges.

(b) “Federal poverty level” means the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under authority of subsection (2) of Section 9902 of Title 42 of the United States Code.

(c) “Financially qualified patient” means a patient who is both of the following:

(1) A patient who is a self-pay patient, as defined in subdivision (f), or a patient with high medical costs, as defined in subdivision (g).

(2) A patient who has a family income that does not exceed 400 percent of the federal poverty level.

(d) “Hospital” means a facility that is required to be licensed under subdivision (a), (b), or (f) of Section 1250, except a facility operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation.

(e) “Department” means the Department of Health Care Access and Information.

(f) “Self-pay patient” means a patient who does not have third-party coverage from a health insurer, health care service plan, Medicare, or Medicaid, and whose injury is not a compensable injury for purposes of workers’ compensation, automobile insurance, or other insurance as determined and documented by the hospital. Self-pay patients may include charity care patients.

(g) “A patient with high medical costs” means a person whose family income does not exceed 400 percent of the federal poverty level, as defined in subdivision (b). For these purposes, “high medical costs” means any of the following:

(1) Annual out-of-pocket costs incurred by the individual at the hospital that exceed the lesser of 10 percent of the patient’s current family income or family income in the prior 12 months. Out-of-pocket costs means any expenses for medical care that are not reimbursed by insurance or a health coverage program, such as Medicare copays or Medi-Cal cost sharing.

(2) Annual out-of-pocket expenses that exceed 10 percent of the patient’s family income, if the patient provides documentation of the patient’s medical expenses paid by the patient or the patient’s family in the prior 12 months. Out-of-pocket expenses means any expenses for medical care that are not reimbursed by insurance or a health coverage program, such as Medicare copays or Medi-Cal cost sharing.

(3) A lower level determined by the hospital in accordance with the hospital’s charity care policy.

(h) “Patient’s family” means the following:

(1) For persons 18 years of age and older, spouse, domestic partner, as defined in Section 297 of the Family Code, and dependent children under 21 years of age, or any age if disabled, consistent with Section 1614(a) of Part A of Title XVI of the Social Security Act, whether living at home or not.

(2) For persons under 18 years of age or for a dependent child 18 to 20 years of age, inclusive, parent, caretaker relatives, and parent’s or caretaker relatives’ other dependent children under 21 years of age, or any age if disabled, consistent with Section 1614(a) of Part A of Title XVI of the Social Security Act.

(i) “Reasonable payment plan” means monthly payments that are not more than 10 percent of a patient’s family income for a month, excluding deductions for essential living expenses. “Essential living expenses” means, for purposes of this subdivision, expenses for any of the following: rent or house payment and maintenance, food and household supplies, utilities and telephone, clothing, medical and dental payments, insurance, school or child care, child or spousal support, transportation and auto expenses, including insurance, gas, and repairs, installment payments, laundry and cleaning, and other extraordinary expenses.

(j) “Guarantor” means a person who has legal financial responsibility for the patient’s health care services.

history: (History: Amended by Stats. 2024, Ch. 511, Sec. 1. (AB 2297) Effective January 1, 2025.)

chapter: 2.5. Fair Pricing Policies

article: 1. Hospital Fair Pricing Policies

path: 107. HEALTH CARE ACCESS AND INFORMATION > 2. HEALTH POLICY AND PLANNING > 2.5. Fair Pricing Policies > 1. Hospital Fair Pricing Policies


text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Charity care” means free care.

(b) “Discounted payment” or “discount payment” means any charge for care that is reduced but not free.

history: (History: Added by Stats. 2024, Ch. 511, Sec. 2. (AB 2297) Effective January 1, 2025.)

article: 1. Hospital Fair Pricing Policies


text:
(a) The State Department of Public Health shall be responsible for the enforcement of the provisions of this article for violations occurring prior to January 1, 2024. The Department of Health Care Access and Information shall be responsible for the enforcement of the provisions of this article for violations occurring on or after January 1, 2024.

(b) For investigations involving hospital actions required by this article occurring on or after January 1, 2024, the Department of Health Care Access and Information shall also have enforcement authority to assess penalties for violations that occurred on or after January 1, 2022, that arise out of the same investigation. The State Department of Public Health and the Department of Health Care Access and Information shall not impose a penalty for any violation for which the other department has imposed a penalty. Any action brought by the Director of the Department of Health Care Access and Information against a hospital shall not abate by reason of a sale or other transfer of ownership of the hospital that is a party to the action except with the express written consent of the director.

history: (History: Amended by Stats. 2024, Ch. 511, Sec. 3. (AB 2297) Effective January 1, 2025.)

article: 1. Hospital Fair Pricing Policies