Health and Safety Code — Part 2 | HSC — United States — California law | Esheria

Health and Safety Code

Part 2 of 87 · provisions 201–400

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 101580.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The board must elect a chair and vice chair at its first meeting and then yearly at the first meeting in January.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101580. The board at its first meeting, and thereafter annually at the first meeting in January, shall elect a chair who shall preside at all meetings, and a vice chair who shall preside in his or her absence. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chair pro tem, who, while so acting, shall have all of the authority of the chair. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  2. 101585.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The board must establish rules for its own proceedings.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101585. The board shall establish rules for its proceedings. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  3. 101590.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    A majority of the board members makes a quorum, and official board acts need a majority affirmative vote.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101590. A majority of the members of the board shall constitute a quorum for the transaction of business, and all official acts of the board shall require the affirmative vote of a majority of the members of the board. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  4. 101595.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The board must express its acts by motion, resolution, or ordinance.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101595. The acts of the board shall be expressed by motion, resolution, or ordinance. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  5. 101600.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Each board member serves a four-year term, except that the board may set initial staggered terms, and a member stays in office until a successor is appointed and qualified.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101600. Except for initial staggered terms that may be established by the board, the term of office of each member shall be four years and, in addition, such time as necessary until the appointment and qualification of his or her successor. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  6. 101605.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    When a board member’s term ends, the original nominating or appointing bodies must choose a successor; some members serve a one-year term instead of four years.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101605. The bodies that originally nominated or appointed a member whose term has expired shall nominate or appoint the successor for a full term of four years, except that members who are nominated by the professional advisory board or by the community advisory board shall serve a one-year term. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  7. 101610.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    If a board seat becomes vacant, the original nominating or appointing bodies must fill the unexpired term by nomination or appointment.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101610. Any vacancy on the board shall be filled for the unexpired term by nomination or appointment by the bodies that originally nominated or appointed the member whose office has become vacant. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  8. 101615.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The Professional Advisory Board must review and comment on proposed board policies and actions about health care arrangements within the board’s jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101615. The Professional Advisory Board shall review and comment on all proposed policies and actions of the board dealing with arrangements for health care within the board of jurisdiction. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  9. 101620.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The Community Advisory Board must review and comment on matters about the accessibility and availability of services arranged by the board.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101620. The Community Advisory Board shall review and comment on matters relating to the accessibility and availability of services arranged by the board. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  10. 101625.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The authority and its board have broad powers to run the Monterey County Special Health Care Authority, including owning property, contracting, hiring staff, borrowing, investing surplus funds, and providing health care delivery systems.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101625. The authority is hereby declared to be a body corporate and politic and shall have power: (a) To have perpetual succession. (b) To sue and be sued in the name of the authority in all actions and proceedings in all courts and tribunals of competent jurisdiction. (c) To adopt a seal and alter it at pleasure. (d) To take by grant, purchase, gift, devise, or lease, to hold, use, and enjoy, and to lease, convey, or dispose of, real and personal property of every kind, within or without the boundaries of the authority, necessary or convenient to the full exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without the boundaries of the authority necessary to the full or convenient exercise of its powers. (e) To make and enter into contracts with any public agency or person for the purposes of this chapter. (f) To appoint and employ an executive director and other employees as may be necessary, including legal counsel, establish their compensation, and define their powers and duties. The board shall prescribe the amounts and forms of fidelity bond of its officers and employees. The cost of these bonds shall be borne by the authority. The employees and each of them shall serve at the pleasure of the board. The authority may also contract for the services of an independent contractor. (g) To incur indebtedness. (h) To purchase supplies, equipment, materials, property, or services. (i) To establish policies relating to its purposes. (j) To acquire or contract to acquire, rights-of-way, easements, privileges, or property of every kind within or without the boundaries of the authority, and construct, equip, maintain, and operate any and all works or improvements within or without the boundaries of the authority necessary, convenient, or proper to carry out any of the provisions, objects, or purposes of this chapter, and to complete, extend, add to, repair, or otherwise improve any works or improvements acquired by it. (k) To make contracts and enter into stipulations of any nature upon the terms and conditions that the board finds are for the best interest of the authority for the full exercise of the powers granted in this chapter. (l) To accept gifts, contributions, grants, or loans from any public agency or person for the purposes of this chapter. The authority may do any and all things necessary in order to avail itself of gifts, contributions, grants, or loans, and cooperate under any federal or state legislation in effect on January 25, 1982, or enacted after that date. (m) To invest any surplus money in its treasury in the same manner as the County of Monterey and according to the same laws. (n) To negotiate with service providers rates, charges, fees, and rents, and to establish classifications of health care systems operated by the authority. (o) To develop and implement health care delivery systems to promote quality care and cost efficiency. (p) To provide health care delivery systems for any or all of the following: (1) For all persons who are eligible to receive medical benefits under the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) in Monterey County through waiver, pilot project, or otherwise. (2) For all persons in Monterey County who are eligible to receive medical benefits under both Titles XVIII and XIX of the Social Security Act. (3) For all persons from Monterey County or any city in that county who are eligible to receive health care under Parts 4.5 (commencing with Section 16700) and 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code. (q) To insure against any accident or destruction of its health care system or any part thereof. It may insure against loss of revenues from any cause. The district may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code. (r) To exercise powers that are expressly granted and powers that are reasonably implied from those express powers and necessary to carry out the purposes of this chapter. (s) To do any and all things necessary to carry out the purposes of former Division 1 (commencing with Section 1). (Amended by Stats. 2004, Ch. 183, Sec. 225. Effective January 1, 2005.)
  11. 101630.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section lets state and local Monterey County governments contract with the authority for health care services, and requires the department to seek federal waivers if needed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101630. Notwithstanding any other provision of law: (a) The state or any state agency may enter into contracts with the authority for the authority to obtain or arrange for health care under the authority’s health care systems, for all persons who are eligible to receive medical benefits under the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) in Monterey County through waiver, pilot project, or otherwise. (b) The County of Monterey or any city in the County of Monterey may enter into contracts with the authority to obtain or provide health care services for all persons from Monterey County or any city in that county who are eligible to receive health care under Parts 4.5 (commencing with Section 16700) and 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code. (c) The department shall pursue waivers of federal law as necessary, in order to carry out this section. (Amended by Stats. 2006, Ch. 538, Sec. 415. Effective January 1, 2007.)
  12. 101635.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Claims for money or damages against the authority are handled under specified Government Code claim provisions, or other statutes or regulations that expressly apply.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101635. All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code or by other statutes or regulations expressly applicable. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  13. 101640.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Monterey County’s Board of Supervisors may dissolve the authority by ordinance or resolution if it finds the authority is no longer needed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101640. The Board of Supervisors of the County of Monterey may by ordinance or resolution order the dissolution of the authority by declaring that there is no need for the authority to function in the county. The dissolution shall become effective 180 days after the date of adoption of the resolution or ordinance ordering the dissolution. As of the effective date of the dissolution of the authority, the authority shall be dissolved, disincorporated and extinguished, its existence shall be terminated and all of its corporate powers shall cease, except for winding up the affairs of the authority. For the purpose of winding up the affairs of the dissolved authority, the County of Monterey shall be the successor. Upon the effective date of dissolution, control over all of the moneys or funds, including on hand and moneys due, but uncollected, and all property, real or personal, of the authority shall be vested in the County of Monterey for the purpose of winding up the affairs of the authority. The powers of the county in winding up the affairs of the authority and the distribution of assets of the authority, shall be in accordance with Article IV (commencing with Section 56500) of Chapter 9 of Part 4 of Division 1 of Title 6 of the Government Code. This chapter shall prevail over the Government Code in case of any inconsistencies. Monterey County shall remain a separate and distinct governmental agency separate and apart from the authority and shall have no liability for any debt, obligation or contract of any kind owed or incurred by the authority other than to wind up the affairs of the authority in accordance with this section and solely with the assets of the authority. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  14. 101645.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The board may authorize payment of meeting remuneration and expenses to certain board members, subject to stated dollar caps.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101645. (a) The board may by ordinance or resolution provide that each director of the authority board be paid a sum not to exceed fifty dollars ($50) remuneration from authority funds, for each board or committee meeting attended, but not exceeding the sum of one hundred dollars ($100) per month, plus actual expenses incurred in attending board or committee meetings at rates payable to officers and employees of the authority for their attendance at meetings within the scope of their employment. (b) The board may, by ordinance or resolution, provide that each member of the professional advisory board be paid a sum not to exceed twenty-five dollars ($25) remuneration from authority funds, for each board or committee meeting attended, but not exceeding the sum of fifty dollars ($50) per month, plus his or her reasonable expenses for participating in authority business. (c) The board may by ordinance or resolution provide that each member of the community advisory board be paid a sum not to exceed fifteen dollars ($15) remuneration from authority funds, for each board or committee meeting attended, but not exceeding the sum of thirty dollars ($30) per month, plus his or her reasonable expenses for participating in authority business. (d) This section shall not apply to staff members of the authority. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  15. 101650.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The board must notify the Monterey County Board of Supervisors in writing before the authority seeks legislative action on proposed amendments, and before the authority requests changes to certain state or federal rules or regulations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Powers of the Board [101625 - 101650] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101650. The board shall inform the Monterey County Board of Supervisors in writing of any amendment proposed by the authority to the Monterey County Special Health Care Authority Act prior to the authority requesting any legislative action on the amendment. The board shall inform the Monterey County Board of Supervisors in writing of any change proposed by the authority to any state or federal rule or regulation that may have fiscal impact on the program or an impact on the quality of medical services or medical benefits prior to the authority requesting any change. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  16. 101655.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 1. General Provisions [101655 - 101657] ( Article 1 added by Stats. 2012, Ch. 686, Sec. 1. )

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    This chapter is named the Central Coast Hospital Authority Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 1. General Provisions [101655 - 101657] ( Article 1 added by Stats. 2012, Ch. 686, Sec. 1. ) ## 101655. This chapter shall be known and may be cited as the Central Coast Hospital Authority Act. (Added by Stats. 2012, Ch. 686, Sec. 1. (AB 276) Effective January 1, 2013.)
  17. 101656.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 1. General Provisions [101655 - 101657] ( Article 1 added by Stats. 2012, Ch. 686, Sec. 1. )

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    This section states legislative findings about Monterey County’s Natividad Medical Center, its role in the health care safety net, and the need for a separate public hospital authority.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 1. General Provisions [101655 - 101657] ( Article 1 added by Stats. 2012, Ch. 686, Sec. 1. ) ## 101656. The Legislature finds and declares the following: (a) Natividad Medical Center, currently a constituent department of the County of Monterey, is a designated public hospital, as defined in subdivision (d) of Section 14166.1 of the Welfare and Institutions Code, and a critical component of the state’s health care safety net. (b) In an era of health care reform and a constantly evolving competitive health care environment, in order to carry out its mission of improving the health status of the people of the county through access to affordable, high-quality health care services, it is necessary that the medical center continues to improve its ability to function with flexibility, responsiveness, and innovation. (c) The Board of Supervisors of the County of Monterey has determined that the needs of the citizens of the county would best be served if the medical center, while continuing as a designated public hospital and maintaining its mission, is affiliated or consolidated with one or more health care facilities in the County of Monterey and operated by a separate and distinct public hospital authority that is separate and apart from the county. (d) The board of supervisors has also determined that the creation of a public hospital authority, to be charged with the management, administration, and control of the medical center as a designated public safety net hospital, and the affiliation or consolidation of the medical center with one or more health care facilities in the County of Monterey is the best way to fulfill the county’s commitment to its residents, including the low income, medically indigent, and special needs populations of the county. (e) Because there is no general law under which this public hospital authority could be formed for these purposes, the adoption of a special act and formation of a special authority by the Legislature are required, and the Board of Supervisors of the County of Monterey has requested that the Legislature act. (Added by Stats. 2012, Ch. 686, Sec. 1. (AB 276) Effective January 1, 2013.)
  18. 101657.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 1. General Provisions [101655 - 101657] ( Article 1 added by Stats. 2012, Ch. 686, Sec. 1. )

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    This section defines key terms used in the chapter.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 1. General Provisions [101655 - 101657] ( Article 1 added by Stats. 2012, Ch. 686, Sec. 1. ) ## 101657. For purposes of this chapter, the following definitions shall apply: (a) “Authority” means the Central Coast Hospital Authority established pursuant to this chapter. (b) “Board of supervisors” means the Board of Supervisors of the County of Monterey. (c) “Board of trustees” means the governing body of the authority. (d) “County” means the County of Monterey. (e) “Governing board” means the governing body of any other health care facility, as defined in subdivision (g). (f) “Medical center” means the Natividad Medical Center and related public health care programs, facilities, care organizations, and delivery systems that exist or are established by the board of trustees. (g) “Other health care facility” or “other health care facilities” means one or more health care facilities, districts, or systems in the County of Monterey, including, but not limited to, general acute care hospitals, public hospital districts, and related health care programs, facilities, care organizations, and delivery systems, but does not include the medical center. (Added by Stats. 2012, Ch. 686, Sec. 1. (AB 276) Effective January 1, 2013.)
  19. 101658.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 2. Establishment of the Central Coast Hospital Authority [101658 - 101659] ( Article 2 added by Stats. 2012, Ch. 686, Sec. 1. )

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    The board of supervisors may establish the Central Coast Hospital Authority, but only after required agreements are reached and subject to stated limitations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 2. Establishment of the Central Coast Hospital Authority [101658 - 101659] ( Article 2 added by Stats. 2012, Ch. 686, Sec. 1. ) ## 101658. (a) Pursuant to this chapter, the board of supervisors may establish, subject to the limitations of paragraph (1) of subdivision (c), the Central Coast Hospital Authority, which shall, for all purposes, be a public entity separate and apart from the county and any other public entity. The authority established pursuant to this chapter shall file the statement required by Section 53051 of the Government Code, and shall be considered a public entity for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. (b) (1) The purpose of the authority shall be to do all of the following: (A) Provide management, administration, and other controls, consistent with this chapter, for the medical center to continue to serve as a designated public hospital and ensure the viability of the health care safety net in the county in a manner consistent with the county’s requirements under Section 17000 of the Welfare and Institutions Code. (B) Provide management, administration, and other controls for the continued operation of one or more other health care facilities that may be affiliated or consolidated with the medical center pursuant to this chapter. (2) Subject to the requirements of this chapter, the authority shall be charged with the management, administration, and control of the medical center, other health care facilities, and related services and facilities. (c) (1) Except as specifically set forth in this chapter, the authority shall not be established, transact business, exercise powers, or undertake duties and responsibilities pursuant to this chapter until an agreement is reached to affiliate or consolidate the medical center with at least one other health care facility as set forth in this subdivision. In order for the authority to be established, transact any business, exercise its powers, or undertake its duties and responsibilities, the board of supervisors and at least one governing board shall reach agreement, on terms and conditions satisfactory to the parties, regarding the affiliation or consolidation. This agreement may include, but is not limited to, a transfer of the following: (A) Real and personal property, and assets and liabilities from the county and the other health care facility to the authority. (B) Employees from the county and the other health care facility to the authority. (C) Maintenance, operation, and management or ownership of the medical center, in accordance with Section 14000.2 of the Welfare and Institutions Code. (D) Maintenance, operation, and management or ownership of the other health care facility. (E) Other matters that the board of supervisors and the governing board deem necessary or appropriate. (2) If the board of supervisors and the governing board reach agreement on the matters set forth in this subdivision, the terms and conditions of the agreement shall be binding upon the authority. After the agreement is reached, the board of supervisors shall adopt an ordinance to establish the authority and authorize the authority to exercise the powers and duties pursuant to this chapter, and the board of supervisors and the governing board shall appoint a board of trustees as set forth in Section 101659. The agreement set forth in this section may be amended from time to time upon the mutual consent of the authority and the governing board or the board of supervisors, or both, as appropriate. (3) (A) The agreement shall provide that upon the effective date of the establishment ordinance described in paragraph (2), the authority shall do all of the following: (i) Take title to all assets associated with the medical center, including, but not limited to, all real and personal property, funded pension assets, and accounts receivable. (ii) Assume, or immediately extinguish, defease, or satisfy, all obligations and liabilities directly or indirectly associated with the medical center, including, but not limited to, related or associated debt, accounts payable, accrued liabilities, unfunded pension liabilities, or financial or contractual obligations of any kind. (iii) Take any other actions necessary so that the county has no continuing financial obligation or responsibility with respect to the authority or its operations. (B) A contract between the authority and the Public Employees’ Retirement System shall be a separate contract and not a joint contract with the county. (C) The authority’s funds shall not remain or be kept on deposit with the county, or otherwise be in the custody or control of the county, and the authority shall not be permitted to deposit funds with the county, including within the county’s treasury investment pool. (D) The contractual provisions described in this paragraph are mandatory. (d) An agreement concerning the transfer of personnel shall include a transition plan that requires all the following: (1) Ongoing communication to employees and recognized employee organizations regarding the impact of the transition on existing medical center and other health care facility employees and employee classifications. (2) Meeting and conferring by the county and the other health care facility with affected employee bargaining units on both of the following issues: (A) The timeframe for which the transfer of personnel shall occur. (B) A specified period of time during which employees of the county affected by the establishment of the authority may elect to be considered for appointment to vacant positions, and exercise reinstatement rights, for which they are qualified and eligible. An employee who first elects to remain with the county, but who subsequently seeks employment with the authority within 30 days of this election, shall be subject to the requirements of this article. (3) Acknowledgment that the authority, to the extent permitted by federal law, shall be bound by the terms of the memoranda of understanding executed between the county and its exclusive employee representatives that are or will be in effect as of the date the county adopts the ordinance pursuant to this article. Subsequent memoranda of understanding shall be subject to approval only by the authority. (e) (1) Notwithstanding any other provision of this chapter, and whether or not accompanied by a change in licensing, an agreement for the maintenance, operation, and management or ownership of the medical center shall not relieve the county of the ultimate responsibility for indigent care pursuant to Section 14000.2 of the Welfare and Institutions Code. (2) An agreement for the maintenance, operation, and management or ownership of the medical center shall conform to the following requirements: (A) Shall comply with Section 14000.2 of the Welfare and Institutions Code. (B) May be made upon the terms and conditions that the board of supervisors and governing board may mutually agree, including those terms and conditions found necessary by the board of supervisors to ensure that the transfer of the medical center shall constitute an ongoing benefit to the county and its residents. (C) Shall provide that the county shall ensure that any applicable requirements of Section 1442.5 are met. (3) An agreement for the maintenance, operation, and management or ownership of the other health care facility may be made upon the terms and conditions that the board of supervisors and the governing board may mutually agree, including those terms and conditions found necessary by the governing board to ensure that the transfer shall constitute an ongoing benefit to the other health care facility and its constituents. (f) The authority shall not be subject to the jurisdiction of a local agency formation commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code), or any successor statute. (Added by Stats. 2012, Ch. 686, Sec. 1. (AB 276) Effective January 1, 2013.)
  20. 101659.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 2. Establishment of the Central Coast Hospital Authority [101658 - 101659] ( Article 2 added by Stats. 2012, Ch. 686, Sec. 1. )

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    This section protects certain medical center employees during affiliation or transfer and requires the authority to preserve seniority, benefits, labor recognition, and retirement-related arrangements, subject to listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 2. Establishment of the Central Coast Hospital Authority [101658 - 101659] ( Article 2 added by Stats. 2012, Ch. 686, Sec. 1. ) ## 101659. (a) Permanent employees of the medical center on the effective date of affiliation shall be deemed qualified for employment or retention and no other qualifications shall be required. Probationary employees on the effective date of affiliation shall retain their probationary status and rights and shall not be deemed to have transferred so as to require serving a new probationary period. (b) Employment seniority of an employee of the medical center on the effective date of affiliation shall be counted toward seniority in the authority. The authority shall provide for the maintenance of benefits that accompany seniority, including, but not limited to, preference in vacations and scheduling, when applicable. All time spent in the same, equivalent, or higher classification shall be counted toward classification seniority. (c) The implementation of this chapter shall not be a cause for the modification of the level of medical center employment benefits. Upon consolidation or affiliation of the medical center with at least one other health care facility, employees who serve or work for the medical center immediately prior to the implementation of this chapter shall retain their existing or equivalent classifications and job descriptions upon transfer to the authority, comparable pension benefits, and at least their existing salaries and other benefits that include, but are not limited to, accrued and unused vacation, sick leave, personal leave, health care, retiree health benefits, and deferred compensation plans. (d) Subject to subdivision (h), and to the extent permitted by federal law, the authority shall contract with the Public Employees’ Retirement System, consistent with the requirements of Section 20508 and other applicable provisions of Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, for the purpose of providing membership in the Public Employees’ Retirement System for authority employees. If the authority contracts with the Public Employees’ Retirement System, the authority, to the extent permitted by federal law, shall provide for the continued membership of medical center employees in the Public Employees’ Retirement System. If permitted under federal law, the authority and the employees’ exclusive representatives may mutually agree to terminate any contract that the authority enters into with the Public Employees’ Retirement System, and mutually agree to an alternative pension plan. (e) Any transfer of functions from county employee classifications to authority employees established pursuant to this article shall result in the recognition by the hospital authority of the exclusive representative of the classifications performing those functions at the time of transfer. (f) In order to stabilize labor and employment relations and provide continuity of care and services to the people of the county, and notwithstanding any other provision of law, the authority shall do all of the following for 24 months after the term end date of any medical center memorandum of understanding in existence when the county establishes the authority: (1) Continue to recognize each exclusive representative of each bargaining unit. (2) Continue to provide at least the same level of employee benefits to authority employees, who were medical center employees, that had been provided to these employees, whether these benefits arise out of a memorandum of understanding or other agreement or law. (3) Roll over and continue to be bound by any existing medical center memorandum of understanding or agreement covering the terms and conditions, including the level of wages and benefits, of those employees for 24 months after the term end date of any memorandum of agreement, unless modified by mutual agreement with each of the exclusive representatives, and only to the extent that continuing to provide those pension benefits specified in any memorandum of understanding does not conflict with any Public Employees’ Retirement System regulation or federal law. Any conflicts in the existing agreements as to wages and other terms and conditions of employment shall be resolved only by mutual agreement between the authority and each of the exclusive representatives. (g) Except as provided in the transfer agreement described in subdivision (d) of Section 101658, subdivision (m) of Section 101661, and this section, nothing in this chapter shall be construed as prohibiting the authority from determining the number of employees, the number of full-time equivalent positions, job descriptions, the nature and extent of classified employment positions, and salaries of employees. (h) Notwithstanding any other law, the authority and employees of the authority shall not participate in the Public Employees’ Retirement System if the Board of Administration of the Public Employees’ Retirement System, in its sole discretion, determines that their participation could jeopardize the Public Employees’ Retirement System’s tax-qualified or governmental plan status under federal law. (Added by Stats. 2012, Ch. 686, Sec. 1. (AB 276) Effective January 1, 2013.)
  21. 101660.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 3. Board of Trustees [101660- 101660.] ( Article 3 added by Stats. 2012, Ch. 686, Sec. 1. )

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    The authority must be governed by a board of trustees, and that board has specified membership, appointment, removal, and bylaws duties.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 3. Board of Trustees [101660- 101660.] ( Article 3 added by Stats. 2012, Ch. 686, Sec. 1. ) ## 101660. (a) The authority shall be governed by a board of trustees. The trustees shall reflect both the expertise necessary to maximize the quality and scope of care at the medical center and the other health care facility in a fiscally responsible manner and the communities of interest that the medical center and the other health care facility serve. The board of trustees shall have the responsibility to operate the medical center and the other health care facility in a manner that ensures the provision of appropriate, quality, and cost-effective medical care through the development of innovative delivery systems, care arrangements, and contractual agreements that provide access to affordable, high-quality health care services. (b) (1) The board of trustees shall consist of the following nine members: (A) Three trustees appointed for two-year terms, of which the governing board shall appoint two and the board of supervisors shall appoint one. (B) Three trustees appointed for three-year terms, of which the governing board shall appoint one and the board of supervisors shall appoint two. (C) Three trustees appointed for four-year terms, of which the governing board shall appoint one and the board of supervisors shall appoint two. (2) After the board of trustees is appointed, the governing board and board of supervisors shall continue to make appointments to those trustee positions for which they each made initial appointments. The board of supervisors and the governing board may each remove their respective appointees, upon a majority vote, only for cause. If the governing board ceases to exist at any time, the appointing authority set forth in this subdivision shall be exercised solely by the board of supervisors. If a vacancy exists for any reason on the board of trustees, the appointing authority for that trustee shall make an appointment to fill out the remainder of the term of the vacant trustee position. (3) Notwithstanding paragraphs (1) and (2), either during or after the formation of the authority, the board of supervisors and each governing board that has appointing authority may modify the number, length of terms, and appointing authority of the board of trustees by means of the agreement entered into pursuant to subdivision (c) of Section 101658 or amendment to the agreement, or both, by the county and the governing board that participated in the formation of the authority, if in existence after this formation, and the governing board of any other health care facility that becomes affiliated or merged with the authority, if the following conditions are met: (A) The board of trustees consists of at least five members. (B) The board of trustees includes appointees of the board of supervisors and each existing governing board. If no governing board exists, the board of trustees and the board of supervisors, acting as the appointing authority pursuant to paragraph (2), may agree to modify the number or length of terms of the board of trustees. (c) The board of trustees shall adopt bylaws for the authority that, among other things, shall specify the officers of the board of trustees, the time, place, and conduct of meetings, and other matters that the board of trustees deems necessary or appropriate to conduct the authority’s activities. The bylaws shall be operative upon approval by a majority vote of the board of trustees, but may be amended, from time to time, by a majority vote of the board of trustees. (d) The board of trustees created and appointed pursuant to this chapter is a duly constituted governing body as used in Section 1250 and Section 70035 of Title 22 of the California Code of Regulations. (Added by Stats. 2012, Ch. 686, Sec. 1. (AB 276) Effective January 1, 2013.)
  22. 101661.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Authority [101661 - 101662] ( Article 4 added by Stats. 2012, Ch. 686, Sec. 1. )

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    This section gives the authority broad powers to run and manage itself, including contracting, owning property, hiring staff, and suing or being sued.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Authority [101661 - 101662] ( Article 4 added by Stats. 2012, Ch. 686, Sec. 1. ) ## 101661. (a) The authority, in addition to any other powers granted to the authority pursuant to this chapter, shall have the following powers: (1) To have the duties, privileges, immunities, rights, liabilities, and limitations of a local unit of government within the state. (2) To have perpetual existence. (3) To adopt, have, and use a seal, and to alter it at its pleasure. (4) To sue and be sued in the name of the authority in all actions and proceedings in all courts and tribunals of competent jurisdiction. (5) To purchase, lease, trade, exchange, or otherwise acquire, maintain, hold, improve, mortgage, lease, sell, and dispose of real and personal property of any kind necessary or convenient to perform its functions and fully exercise its powers. (6) To appoint and employ a chief executive officer and other officers and employees that may be necessary or appropriate, including legal counsel, to establish their compensation, provide for their health, retirement, and other employment benefits, and to define the power and duties of officers and employees. (7) (A) To incur indebtedness and to borrow money and issue bonds evidencing the same, including the authority to issue, from time to time, notes and revenue bonds in principal amounts that the authority determines to be necessary to provide sufficient funds for achieving any of its purposes, including, but not limited to, assumption or refinancing of debt service for capital projects eligible for Medi-Cal supplemental payments pursuant to Section 14085.5 of the Welfare and Institutions Code, the payment of interest on notes and bonds of the authority, the establishment of reserves to secure these notes and bonds, and all other expenditures of the authority incident to and necessary or convenient to carry out its purposes and powers. (B) Any notes, bonds, or other securities issued, and the income from them, including any profit from the sale thereof, shall at all times be free from taxation by the state or any agency, political subdivision, or instrumentality of the state. (C) Notwithstanding the provisions of subparagraph (A), for any indebtedness, notes, bonds, or other securities that require voter approval pursuant to state law, the prior approval of the board of supervisors shall be required. Notwithstanding the required prior approval of the board of supervisors, any indebtedness incurred, or notes, bonds, or other securities issued pursuant to this subparagraph shall be the indebtedness, notes, bonds, or securities of the authority and not of the county, and the credit of the county shall not be pledged or relied upon in any manner in order to incur the indebtedness, or issue the notes, bonds, or other securities, unless the board of supervisors explicitly authorizes the use of the county’s credit. The authority shall reimburse the county for all costs associated with the county’s consideration of the indebtedness, notes, bonds, or securities, and the authority shall defend, indemnify, and hold harmless the county from any and all liability, costs, or expenses arising from or related to the indebtedness, notes, bonds, or securities. (8) To pursue its own credit rating. (9) To enter into any contract or agreement consistent with this chapter or the laws of this state, and to authorize the chief executive officer to enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this chapter, and to secure the payment of bonds. (10) To purchase supplies, equipment, materials, property, and services. (11) To establish policies relating to its purposes. (12) To acquire or contract to acquire, rights-of-way, easements, privileges, and property, and to construct, equip, maintain, and operate any and all works or improvements wherever located that are necessary, convenient, or proper to carry out any of the provisions, objects, or purposes of this chapter, and to complete, extend, add to, repair, or otherwise improve any works or improvements acquired by it. (13) To contract for and to accept gifts, grants, and loans of funds, property, or other aid in any form from the federal government, the state, a state agency, or other source, or combination thereof, and to comply, subject to this chapter, with the terms and conditions thereof. (14) To invest surplus money in its own treasury, manage investments, and engage third-party investment managers, in accordance with state law. (15) To arrange for guarantees or insurance of its bonds, notes, or other obligations by the federal or state government or by a private insurer, and to pay the premiums thereof. (16) To engage in managed care contracting, joint ventures, affiliations with other health care facilities, other health care providers and payers, management agreements, or to participate in alliances, purchasing consortia, health insurance pools, accountable care organizations, alternative delivery systems, or other cooperative arrangements, with any public or private entity. (17) To enter into joint powers agreements pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (18) To establish nonprofit, for profit, or other entities necessary to carry out the duties of the authority. (19) To elect to transfer funds to the state and incur certified public expenditures in support of the Medi-Cal program and other programs for which federal financial participation is available. (20) To use a computerized management information system, including an electronic health records system, in connection with the administration of its facilities. (21) To request that the board of supervisors levy a tax on behalf of the authority. If the board of supervisors approves the proposal to levy the tax, the board shall call the election to seek voter approval and place the appropriate measure on the ballot for that election. The proceeds of these taxes shall be tax proceeds of the authority and not of the county. The authority shall reimburse the county for all costs associated with the county’s consideration of these taxes, and shall defend, indemnify, and hold harmless the county from any liability, costs, or expenses arising from or related to the imposition of these taxes. (22) To contract with the county for the provision of indigent care services on behalf of the county. The contract shall specify that county policies consistent with the county’s obligations under Section 17000 of the Welfare and Institutions Code shall be applicable. Notwithstanding any other provision of this chapter, the authority shall not undertake any of the county’s obligations under Section 17000 of the Welfare and Institutions Code, nor shall the authority have an entitlement to receive any revenue for the discharge of the county’s obligations, without a written agreement with the county. (23) To engage in other activities that may be in the best interests of the authority and the persons served by the authority, as determined by the board of trustees, in order to respond to changes in the health care industry. (b) The authority shall conform to the following requirements: (1) Be a government entity separate and apart for all purposes from the county and any other public entity, and shall not be considered to be an agency, division, or department of the county or any other public entity. The authority shall not be governed by, or subject to, the policies or operational rules of the county or any other public entity. (2) Be subject to state and federal taxation laws that are applicable to public entities generally, except that the authority may, to the extent permitted by federal law, apply for an exemption from social security taxation if there is a mutual agreement with the exclusive representatives of the affected employees. (3) Comply with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code), the Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (4) To the extent the authority is permitted by federal law to participate in the Public Employees’ Retirement System, assume the assets and liabilities for Public Employees’ Retirement System benefits, consistent with the requirements of Section 20508 and other applicable provisions of Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code and assume workers’ compensation liabilities and other employee benefits and liabilities with respect to employees of the authority, unless otherwise agreed to by the authority, the county, and the governing board. (5) Carry professional and general liability insurance or programs to the extent sufficient to cover its activities. (6) Comply with the requirements of Sections 53260 and 53261 of the Government Code. (7) Meet all local, state, and federal data reporting requirements. (8) Be subject to the jurisdiction of the Public Employment Relations Board. (c) Open sessions of the authority constitute official proceedings authorized by law within the meaning of Section 47 of the Civil Code. The privileges set forth in that section with respect to official proceedings apply to open sessions of the authority. (d) The authority is a public agency for purposes of eligibility with respect to grants and other funding and loan guarantee programs. Contributions to the authority are tax deductible to the extent permitted by state and federal law. Nonproprietary income of the authority is exempt from state income taxation. (e) The authority is not a “person” subject to suit under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code). (f) The statutory authority of a board of supervisors to prescribe rules that authorize a county hospital to integrate its services with those of other providers into a system of community service that offers free choice of hospitals to those requiring hospital care, as set forth in Section 14000.2 of the Welfare and Institutions Code, apply to the authority and the board of trustees. (g) Unless otherwise agreed to by the authority and the board of supervisors, or the authority and a governing board, an obligation of the authority, statutory, contractual or otherwise, is the obligation solely of the authority and not the obligation of the county or any other entity, and any contract executed by and between the county and the authority, or any other entity and the authority, shall contain a provision that liabilities or obligations of the authority with respect to its activities pursuant to the contract shall be the liabilities or obligations of the authority and shall not be or become the liabilities or obligations of the county or the other entity, respectively. (h) An obligation of the authority, statutory, contractual or otherwise, is the obligation solely of the authority and not the obligation of the state. (i) In the event of a change of license ownership, the board of trustees shall comply with the obligations of governing bodies of general acute care hospitals generally as set forth in Section 70701 of Title 22 of the California Code of Regulations, as currently written or subsequently amended, as well as the terms and conditions of the license. The authority is the responsible party with respect to compliance with these obligations, terms, and conditions. (j) (1) Provisions of the Evidence Code, the Government Code, including the Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), the Civil Code, the Business and Professions Code, and other applicable law pertaining to the confidentiality of peer review activities of peer review bodies apply to the peer review activities of the authority. Peer review proceedings constitute an official proceeding authorized by law within the meaning of Section 47 of the Civil Code and those privileges set forth in that section with respect to official proceedings apply to peer review proceedings of the authority. If the authority is required by law or contractual obligation to submit to the state or federal government peer review information or information relevant to the credentialing of a participating provider, that submission does not constitute a waiver of confidentiality. The laws pertaining to the confidentiality of peer review activities shall be together construed as extending, to the extent permitted by law, the maximum degree of protection of confidentiality. (2) Notwithstanding any other law, Section 1461 applies to hearings on reports of hospital medical audit or quality assurance committees. (k) (1) A transfer by the county to the authority, or by the governing board to the authority, of the maintenance, operation, and management or ownership of the medical center or the other health care facility, respectively, whether or not the transfer includes the surrendering by the county or the governing board of any existing general acute care hospital license and corresponding application for a change of ownership of the license, does not affect the eligibility of the county or the governing board to undertake, and authorizes the authority, subject to applicable requirements, to do, any of the following: (A) With the written consent of the county, participate in and receive allocations pursuant to the California Health Care for Indigents Program pursuant to Chapter 5 (commencing with Section 16940) of Part 4.7 of Division 9 of the Welfare and Institutions Code, or similar programs, as may be identified or earmarked by the county for indigent health care services of the type provided by the medical center. (B) With the written consent of the county, participate in and receive allocations of local revenue fund amounts provided pursuant to Chapter 6 (commencing with Section 17600) of Part 5 of Division 9 of the Welfare and Institutions Code as may be identified or earmarked by the county for indigent health care services of the type provided by the medical center. (C) Participate in the financing of, and receive, Medicaid disproportionate share hospital payments available to a county hospital or designated public hospital, or any other successor or modified payment or funding that is intended to assist hospitals that serve a disproportionate share of low-income patients with special needs. The allocation of Medicaid disproportionate share hospital payments shall be made in consultation with the State Department of Health Care Services and other designated safety net hospitals. (D) Participate in the financing of, and receive, Medi-Cal supplemental reimbursements, including, but not limited to, payments made pursuant to Sections 14105.96, 14105.965, 14166.4, and 14182.15 of the Welfare and Institutions Code, payments described in paragraph (4) of subdivision (b) of Section 14301.4 of the Welfare and Institutions Code, and payments made available to a county provider or designated public hospital, or governmental entity with which it is affiliated, under any other successor or modified Medicaid payment system. (E) Participate in the financing of, and receive, safety net care pool funding, stabilization funding, delivery system reform incentive pool payments, and any other funding available to a county provider or designated public hospital, or governmental entities with which it is affiliated under the Medicaid demonstration project authorized pursuant to Article 5.2 (commencing with Section 14166) and Article 5.4 (commencing with Section 14180) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, or under any other successor or modified Medicaid demonstration project or Medicaid payment system. The allocation of safety net care pool funds shall be made in consultation with the State Department of Health Care Services and other designated safety net hospitals. (F) Participate in the financing, administration, and provision of services under the Low Income Health Program authorized pursuant to Part 3.6 (commencing with Section 15909) of Division 9 of the Welfare and Institutions Code, or under any other successor or modified Medicaid demonstration project or Medicaid payment system if the authority enters into an agreement with the county concerning the provision of services by, and payment for these services to, the county. (G) Participate in and receive direct grant and payment allocations pursuant to Article 5.228 (commencing with Section 14169.1) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, or under any other successor or modified direct grant and payment systems funded by hospital or other provider fee assessments. (H) Receive Medi-Cal capital supplements pursuant to Section 14085.5 of the Welfare and Institutions Code. Notwithstanding any other provision of law, supplemental payments shall be made to the medical center under Section 14085.5 of the Welfare and Institutions Code for the debt service costs incurred by the county, and, if applicable, by the authority to the extent that debt service responsibility is refinanced, transferred to, or otherwise assumed by, directly or indirectly, the authority. (I) Receive any other funds that would otherwise be available to a county provider or designated public hospital, or governmental entity with which it is affiliated. (2) A transfer described in paragraph (1) shall not otherwise disqualify the county or the governing board, or in the case of a change in license ownership, the authority, from participating in any of the following: (A) Local, state, and federal funding sources either specific to county or district hospitals, county or district ambulatory care clinics, designated public hospitals, or government entities with which they are affiliated, for which there are special provisions specific to those hospitals, ambulatory care clinics, or government entities. (B) Funding programs in which the county or the governing board, by themselves or on behalf of the medical center or the other health care facility, respectively, had participated prior to the creation of the authority, or would otherwise be qualified to participate in had the authority not been created, and the maintenance, operation, and management or ownership of the medical center and the other health care facility not been transferred by the county and the governing board to the authority pursuant to this chapter. (l) The authority, the county, and the governing board, or any combination thereof, may engage in marketing, advertising, and promotion of the medical and health care services made available to the community by the authority. (m) The board of trustees has authority over procurement and contracts for the authority. The board of trustees shall adopt written rules, regulations, and procedures with regard to these functions. Contracts by and between the authority and any public agency, and contracts by and between the authority and providers of health care, goods, or services, may be let on a nonbid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. Notwithstanding any other provision of this section, the authority shall not subcontract work performed by classifications represented by employee organizations without mutual agreement between the authority and the exclusive representatives, except that a subcontract entered into prior to the formation of the authority may remain in effect until its termination or completion and may be modified or renewed to a later termination or completion date upon agreement between the authority and the exclusive representatives of the affected classifications. (n) The authority shall be responsible for human resource functions, including, but not limited to, position classification, compensation, recruitment, selection, hiring, discipline, termination, grievance, equal opportunity, performance management, probationary periods, training, promotion, and maintenance of records. The board of trustees shall adopt written rules, regulations, and procedures with regard to these functions. Until the time that the board of trustees adopts its own rules, regulations, or procedures with regard to these functions, the existing rules, regulations, and procedures set forth in any memorandum of understanding described in paragraph (3) of subdivision (d) of Section 101658 apply. If the memoranda do not provide for the exercise of these functions, the rules, regulations, and procedures of the county apply. (o) The authority may contract with the county or the governing board for services and personnel upon mutually agreeable terms. (p) Notwithstanding Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1 of the Government Code, related to incompatible activities, a member of the authority’s administrative staff shall not be considered to be engaged in activities inconsistent and incompatible with the staff member’s duties as a result of prior employment or affiliation with the county or the governing board. (q) The board of trustees and the officers and employees of the authority are public employees for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, relating to claims and actions against public entities and public employees, and shall be protected by the immunities applicable to public entities and public employees governed by Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code, except as provided by other statutes or regulations that apply expressly to the authority. (r) Except for Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, this chapter shall prevail over any inconsistent statutes governing employees of the authority, including, but not limited to, the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 1 of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 267. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  23. 101662.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Authority [101661 - 101662] ( Article 4 added by Stats. 2012, Ch. 686, Sec. 1. )

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    The board of trustees may declare the authority will cease to exist, and then must arrange for its assets, obligations, and liabilities to be handled.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2.5. Central Coast Hospital Authority [101655 - 101662] ( Chapter 2.5 added by Stats. 2012, Ch. 686, Sec. 1. ) ## ARTICLE 4. Powers and Duties of the Authority [101661 - 101662] ( Article 4 added by Stats. 2012, Ch. 686, Sec. 1. ) ## 101662. Pursuant to this section, the board of trustees may find and declare that the authority shall cease to exist. In that event, the board of trustees shall provide for the disposition of the authority’s assets, obligations, and liabilities. Absent written agreement, the county shall not be obligated under any law to assume the authority’s obligations or liabilities, or take title to, or custody or control of, the authority’s assets. Upon notification by the authority of the disposition of the authority’s assets and liabilities, the board of supervisors shall rescind the ordinance that established the authority, and the authority shall cease to exist on the date set forth in the rescinding ordinance. (Added by Stats. 2012, Ch. 686, Sec. 1. (AB 276) Effective January 1, 2013.)
  24. 101675.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This chapter is known as the Santa Barbara San Luis Obispo Regional Health Authority Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101675. This chapter shall be known, and may be cited, as the Santa Barbara San Luis Obispo Regional Health Authority Act. (Amended by Stats. 2007, Ch. 266, Sec. 2. Effective January 1, 2008.)
  25. 101680.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Santa Barbara and San Luis Obispo county supervisors are allowed to take specified actions by ordinance or resolution under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101680. (a) The Board of Supervisors of the County of Santa Barbara may, by ordinance or resolution, order the formation of the Santa Barbara Regional Health Authority under this chapter that shall include, but need not be limited to, all of the incorporated and unincorporated areas of the county. (b) The Board of Supervisors of the County of San Luis Obispo may, by ordinance or resolution, authorize the provision of medical services by the authority within San Luis Obispo County and may participate on the board of directors of the authority as provided in this chapter. (Amended by Stats. 2007, Ch. 266, Sec. 3. Effective January 1, 2008.)
  26. 101685.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section defines key terms used in the chapter and says the article governs how the chapter is construed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101685. Unless the context otherwise requires, this article governs the construction of this chapter. As used in this chapter: (a) “Authority” means the Santa Barbara San Luis Obispo Regional Health Authority. (b) “Board” means the Santa Barbara San Luis Obispo Regional Health Authority Board of Directors. (c) “Health care system” means any system established to arrange for the provision of medical services. (d) “Public agency” means the United States, the State of California, any political subdivision, county, municipality, district, or agency of the State of California or of the United States and any department, bureau, or commission of the State of California or of the United States. (e) “Person” means any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of the above, but does not include a public agency. (f) “Professional advisory boards” means the boards appointed by the board of directors of the authority pursuant to its rules which shall consist of a representative cross section of professional providers of health care services within the service area. (g) “Community advisory boards” means advisory boards to the authority’s board appointed by the board of directors of the authority which shall consist of persons who represent community and consumer interests and who do not directly earn their income from the provision of medical health services. (h) “Service area” means Santa Barbara County, and those counties that are contiguous with Santa Barbara County. (Amended by Stats. 2007, Ch. 266, Sec. 4. Effective January 1, 2008.)
  27. 101690.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section sets how the authority’s 13-member board is formed and what kinds of people the county supervisors must appoint.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101690. Upon the adoption of an ordinance or resolution by the Board of Supervisors of the County of San Luis Obispo authorizing the provision of medical services by the authority pursuant to subdivision (b) of Section 101680, the governing body of the authority shall be vested in a board of directors that shall consist of 13 members. Eight members shall be appointed by the Board of Supervisors of Santa Barbara County and five members shall be appointed by the Board of Supervisors of San Luis Obispo County. (a) The Board of Supervisors of Santa Barbara County shall appoint members to the board of directors as follows: (1) Three members shall be elected or appointed officers or employees of Santa Barbara County, at least one of whom shall be a member of the board of supervisors. (2) Two members shall be residents of Santa Barbara County, one of whom shall be either a recipient of Medi-Cal, provided for under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, a recipient of Medicare, provided for under Title XVIII of the federal Social Security Act, or a resident eligible to receive benefits and services under both Medi-Cal and Medicare, and the other member shall be a representative of a community business that does not provide health care. (3) Three members shall be representatives of providers of health care services in the county including: (A) one physician who shall be appointed from a list established by the Santa Barbara County Medical Society; (B) one hospital administrator; and (C) one nonhospital or nonphysician health care provider. (b) The Board of Supervisors of San Luis Obispo County shall appoint members to the board of directors as follows: (1) Two members shall be elected or appointed officers or employees of San Luis Obispo County, at least one of whom shall be a member of the board of supervisors. (2) One member shall be a resident of San Luis Obispo County and shall be either a recipient of Medi-Cal, provided for under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, a recipient of Medicare, provided for under Title XVIII of the federal Social Security Act, or a resident eligible to receive benefits and services under both Medi-Cal and Medicare. (3) Two members shall be representatives of providers of health care services in San Luis Obispo County, including one physician who shall be appointed from a list established by the San Luis Obispo County Medical Society, and one hospital administrator who shall be appointed from a list established by the local hospital council. (c) Each hospital administrator appointed to the board of directors shall be unaffiliated with the hospital group, network, or corporate entity of the other hospital board appointee. Each physician appointee to the board of directors shall be unaffiliated with the group, network, or corporate entity of the other physician board appointee. (d) With regard to appointments made pursuant to paragraph (2) of subdivision (a) and paragraph (2) of subdivision (b), the appointments shall not result in two members who are both recipients of Medi-Cal only or both recipients of Medicare only. (Amended by Stats. 2007, Ch. 266, Sec. 5. Effective January 1, 2008.)
  28. 101695.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The board must elect a chair and vice chair at its first meeting and every January. The chair presides at meetings, the vice chair presides when the chair is absent, and if both are unavailable the members present may select a temporary chair who has the chair’s full authority while acting.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101695. The board, at its first meeting, and annually thereafter at the first meeting in January, shall elect a chair who shall preside at all meetings, and a vice chair who shall preside in his or her absence. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chair pro tempore, who, while so acting, shall have all of the authority of the chair. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  29. 101700.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The board must set its own procedure rules, hold at least four meetings a year, and board members are entitled to per diem payments subject to monthly caps and supervisor approval for any increase.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101700. The board shall establish rules for its proceedings. There shall be at least four meetings per year. Board members shall be entitled to one hundred fifty dollars ($150) per diem from authority funds, for each board meeting attended and the authority may pay per diem to board members attending meetings of committees of the board except that per diem for attending board meetings and board committee meetings shall not exceed the sum of two hundred dollars ($200) per month, plus actual expenses incurred in attending meetings at rates payable to county officers and employees. The per diem rate of one hundred fifty dollars ($150) may be increased by the board subject to approval by the boards of supervisors. (Amended by Stats. 2007, Ch. 266, Sec. 6. Effective January 1, 2008.)
  30. 101705.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    A majority of the board members makes a quorum, and board official acts need an affirmative vote from a majority of the board members.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101705. A majority of the members of the board shall constitute a quorum for the transaction of business, and all official acts of the board shall require the affirmative vote of a majority of the members of the board. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  31. 101710.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The board must express its acts by motion, resolution, or ordinance.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101710. The acts of the board shall be expressed by motion, resolution or ordinance. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  32. 101715.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Initial staggered terms may be set by the board; noncounty members serve two-year terms, and county officers or employees serve at the pleasure of the appointing board of supervisors.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101715. Except for initial staggered terms that may be established by the board, the term of office of each noncounty member shall be two years and, in addition, time as necessary until the appointment and qualification of his or her successor. County officers or employees shall serve at the pleasure of the board of supervisors that appointed that officer or employee. (Amended by Stats. 2007, Ch. 266, Sec. 7. Effective January 1, 2008.)
  33. 101720.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A vacancy on the board must be filled for the remainder of the unexpired term by the county board of supervisors authorized to make that appointment.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101720. Any vacancy on the board shall be filled for the unexpired term by the board of supervisors of the county authorized by Section 101690 to make the appointment to that position. (Amended by Stats. 2007, Ch. 266, Sec. 8. Effective January 1, 2008.)
  34. 101725.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Professional advisory and community advisory boards must review and comment on proposed board policies and actions about health care arrangements within the authority’s jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101725. Professional advisory and community advisory boards shall review and comment on proposed policies and actions of the board dealing with the arrangements for health care within the jurisdiction of the authority. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  35. 101730.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The board may authorize reimbursement for advisory board members’ actual meeting expenses, charged to the authority, subject to amounts allowed by the board of supervisors.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101675 - 101730] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101730. The board may allow as a charge against the authority, reimbursement to members of professional and community advisory boards, of actually incurred expenses in attending meetings in amounts allowed by the board of supervisors to county officers and employees. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  36. 101750.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    This section gives the authority broad powers to run its operations, handle property and contracts, hire staff, borrow within revenue limits, provide health care services, and obtain insurance.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101750. The authority is hereby declared to be a body corporate and politic and it shall have power: (a) To have perpetual succession. (b) To sue and be sued in the name of the authority in all actions and proceedings in all courts and tribunals of competent jurisdiction. (c) To adopt a seal and alter it at pleasure. (d) To take by grant, purchase, gift, devise, or lease, to hold, use and enjoy, and to lease, convey or dispose of, real and personal property of every kind, within or without the boundaries of the authority, necessary or convenient to the full exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without the boundaries of the authority necessary to the full or convenient exercise of its powers. (e) To make and enter into contracts with any public agency or person for the purposes of this chapter, including, but not limited to, agreements under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. Members of the board shall be disqualified from voting on contracts in which they have a financial interest. Notwithstanding any other provision of law, members shall not be disqualified from continuing to serve as a member of the board and a contract may not be avoided solely because of a member’s financial interest. (f) To appoint and employ an executive director and other employees as may be necessary, including legal counsel, fix their compensation and define their powers and duties. The board shall prescribe the amounts and forms of fidelity bonds of its officers and employees. The cost of these bonds shall be borne by the authority. The authority may also contract for the services of an independent contractor. (g) To incur indebtedness not exceeding revenue in any year. (h) To purchase supplies, equipment, materials, property, or services. (i) To establish policies relating to its purposes. (j) To acquire or contract to acquire, rights-of-way, easements, privileges, or property of every kind within or without the service area of the authority, and construct, equip, maintain, and operate any and all works or improvements within or without the boundaries of the authority necessary, convenient, or proper to carry out any of the provisions, objects or purposes of this chapter, and to complete, extend, add to, repair, or otherwise improve any works or improvements acquired by it. (k) To make contracts and enter into stipulations of any nature upon the terms and conditions that the board finds are for the best interest of the authority for the full exercise of the powers granted in this chapter. (l) To accept gifts, contributions, grants, or loans from any public agency or person for the purposes of this chapter. The authority may do any and all things necessary in order to avail itself of the gifts, contributions, grants, or loans, and cooperate under any federal or state legislation in effect on March 25, 1982, or enacted after that date. (m) To manage its moneys and to provide depository and auditing services pursuant to either of the methods applicable to special districts as set forth in the Government Code. (n) To negotiate with service providers rates, charges, fees and rents, and to establish classifications of health care systems operated by the authority. Members of the board who are county officers and employees may vote to approve arrangements and agreements between the authority and the county as a service provider and these directors shall not thus be disqualified solely for the reason that they are employed by the county. (o) To develop and implement health care delivery systems to promote quality care and cost efficiency and to provide appeal and grievance procedures available to both providers and consumers. (p) To provide health care delivery systems for any or all of the following: (1) For all persons who are eligible to receive medical benefits under the Medi-Cal Act, as set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, in the service area through waiver, pilot project, or otherwise. (2) For all persons in the service area who are eligible to receive medical benefits under both Titles XVIII and XIX of the federal Social Security Act. (3) For all persons in the service area who are eligible to receive medical benefits under Title XVIII of the federal Social Security Act. (4) For all persons in the service area who are eligible to receive medical benefits under publicly supported programs if the authority, and participating providers acting pursuant to subcontracts with the authority, agree to hold harmless the beneficiaries of the publicly supported programs if the contract between the sponsoring government agency and the authority does not ensure sufficient funding to cover program benefits. (q) To insure against any accident or destruction of its health care system or any part thereof. It may insure against loss of revenues from any cause. The authority may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code. (r) To exercise powers that are expressly granted and powers that are reasonably implied from express powers and necessary to carry out the purposes of this chapter. (s) To do any and all things necessary to carry out the purposes of this chapter. (t) With respect to services provided outside the county, the authority may only provide those services to the extent that the services are authorized by resolution of the board of supervisors of the county in which the services are to be provided. (Amended by Stats. 2007, Ch. 266, Sec. 9. Effective January 1, 2008.)
  37. 101750.5.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The authority is treated as a public entity separate from the county or counties for a specified Government Code purpose, and it must file the statement required by Section 53051.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101750.5. Notwithstanding subdivision (f) of Section 14499.5 of the Welfare and Institutions Code, for the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, the authority shall be considered a public entity separate from the county or counties and shall file the statement required by Section 53051 of the Government Code. (Added by Stats. 2004, Ch. 228, Sec. 3.9. Effective August 16, 2004.)
  38. 101755.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The state or any state agency may contract with the authority for health care services and related arrangements.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101755. Notwithstanding any other provision of law, the state or any state agency may enter into contracts with the authority for the authority to obtain or arrange for health care under the authority’s health care systems, for all persons who are eligible to receive medical benefits under the Medi-Cal Act, as set forth in Section 14000 et seq., of the Welfare and Institutions Code, and to enter into contracts for the provision of health care services to subscribers in the Healthy Families Program, in its service area through waiver, pilot project, or otherwise. (Amended by Stats. 2005, Ch. 29, Sec. 4. Effective January 1, 2006.)
  39. 101760.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The county board of supervisors may review certain major administrative decisions of the authority on appeal by the affected person, except personnel matters, and may approve, modify, reflect, or repeal those decisions if the required vote is obtained.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101760. Notwithstanding any other provision of this chapter, the board of supervisors of the county in which the appellant resides may review major administrative decisions of the authority, excluding those involving personnel matters, upon appeal by the affected person and upon a majority vote of that board of supervisors. That board of supervisors may either approve, modify, reflect, or repeal these decisions. The action of the board of supervisors shall be deemed to constitute a final administrative remedy after concurrence by the board of supervisors of the other county. This section shall not be operative until adopted by resolution by the boards of supervisors of both counties. (Amended by Stats. 2007, Ch. 266, Sec. 10. Effective January 1, 2008.)
  40. 101765.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Eligible licensed providers may participate in the program if they sign a written contract approved by the department, unless an emergency or certain authorized service situation makes a written agreement unnecessary.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101765. Any licensed provider eligible to receive Medi-Cal reimbursement under law and who enters into a written contract with the authority under terms and conditions approved by the department shall be able to participate in this program as a provider. A written agreement shall not be required if any of the following circumstances apply: (a) The provider renders any medically necessary emergency health care on a nonroutine basis. (b) The provider renders services that are duly authorized by the authority, if the services are either seldom used or are rendered outside of the service area. (Amended by Stats. 2005, Ch. 29, Sec. 5. Effective January 1, 2006.)
  41. 101770.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Claims for money or damages against the authority are governed by specified Government Code provisions, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101770. All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided in those parts, or by other statutes or regulations expressly applicable to those parts. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  42. 101775.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    When the authority is being formed under this chapter, Chapter 6.6 of the Government Code does not apply.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101775. In the formation of the authority pursuant to this chapter, Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of Title 5 of the Government Code is not applicable. (Amended by Stats. 2007, Ch. 266, Sec. 11. Effective January 1, 2008.)
  43. 101780.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Santa Barbara and San Luis Obispo county supervisors may order the authority dissolved, and both must do so for the dissolution to take effect.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101780. (a) The boards of supervisors of the County of Santa Barbara and the County of San Luis Obispo may, by ordinance or resolution, order the dissolution of the authority by declaring that there is no need for the authority to function in the counties. Both boards of supervisors shall order the dissolution of the authority pursuant to this subdivision in order for the dissolution to become effective. The dissolution shall become effective 180 days after the date of the later adopted resolution or ordinance ordering the dissolution. (b) As of the effective date of the dissolution of the authority, the authority shall be dissolved, disincorporated and extinguished; its existence shall be terminated and all of its corporate powers shall cease, except for winding up the affairs of the authority. (c) For the purpose of winding up the affairs of the dissolved authority, the County of Santa Barbara shall be the successor. (d) Upon the effective date of dissolution, control over all of the moneys or funds, including those on hand, and those due, but uncollected, and all property, real or personal, of the authority shall be vested in the County of Santa Barbara for the purpose of winding up the affairs of the authority. (e) The powers of the county in winding up the affairs of the authority and the distribution of assets of the authority, shall be in accordance with Chapter 6 (commencing with Section 57450) of Part 5 of Division 3 of Title 5 of the Government Code. The liability of the County of Santa Barbara as successor shall be limited to the assets of the authority. (Amended by Stats. 2014, Ch. 602, Sec. 1. (AB 2117) Effective January 1, 2015.)
  44. 101781.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Certain county boards or the authority’s board may end the authority’s health care system operations in San Luis Obispo County, and the termination takes effect 180 days after adoption of the ordinance or resolution.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Santa Barbara County Special Health Care Authority [101675 - 101781] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Powers of the Authority [101750 - 101781] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101781. The Board of Supervisors of either the County of San Luis Obispo or the County of Santa Barbara, or the board of directors of the authority, by ordinance or resolution, may terminate the authority’s operation of a health care system or systems in the County of San Luis Obispo. The termination shall become effective 180 days after the adoption of the ordinance or resolution. If the termination is made by the board of supervisors of either county, the terminating county’s liability to the authority shall be limited to the cost of terminating the authority’s operations in the County of San Luis Obispo, including, but not limited to, the costs of terminating contracts and other obligations for space, services, employment, health care services, required notices to beneficiaries and subscribers, and moving expenses. (Added by Stats. 2007, Ch. 266, Sec. 13. Effective January 1, 2008.)
  45. 101825.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 1. General [101825- 101825.] ( Article 1 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “County,” “Governing board,” “Hospital authority,” “General Hospital,” and “Family care centers.”

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 1. General [101825- 101825.] ( Article 1 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101825. The following definitions shall apply for purposes of this chapter: (a) “County” means the County of San Luis Obispo. (b) “Governing board” means the governing body of the hospital authority. (c) “Hospital authority” means the separate public agency that may be established pursuant to this chapter by the San Luis Obispo County Board of Supervisors to manage, administer, and control General Hospital and the Family Care Centers. (d) “General Hospital” means the licensed general acute care hospital that, as of January 1, 1999, owned and operated by the County of San Luis Obispo, together with all additions to, or replacements of, that facility. (e) “Family care centers” means the outpatient, ambulatory care clinic facilities that are, as of January 1, 1999, licensed as part of General Hospital, as well as all additional or replacement outpatient facilities that may be licensed as part of General Hospital after January 1, 1999. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  46. 101827.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The county board of supervisors may create a hospital authority by ordinance, and any such authority must be used only to manage, administer, and control General Hospital and the Family Care Centers.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101827. The board of supervisors of the county may, by ordinance, establish a hospital authority separate and apart from the county for the purpose of effecting a transfer of the management, administration, and control of General Hospital and the Family Care Centers in accordance with Section 14000.2 of the Welfare and Institutions Code. A hospital authority established pursuant to this chapter shall be strictly and exclusively dedicated to the management, administration, and control of General Hospital and the Family Care Centers within parameters set forth in this chapter, and in accordance with ordinances, bylaws, and contracts adopted by the board of supervisors, which shall not be in conflict with this chapter, Section 1442.5 of this code, or Section 17000 of the Welfare and Institutions Code. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  47. 101828.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    This section sets rules for the San Luis Obispo County Hospital Authority’s governing board, including its membership, appointment process, bylaws, and the county supervisors’ approval and amendment powers.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101828. (a) A hospital authority established pursuant to this chapter shall be governed by a board that is comprised of San Luis Obispo County residents and subject to final approval by a majority vote of the county board of supervisors. (b) The governing board shall consist of 11 members as follows: (1) One member from each of the five supervisorial districts. Each district member shall be appointed by the supervisor elected from that supervisorial district. Supervisors shall avoid appointment of individuals who may be expected to have significant or frequent conflicts of interest with the hospital authority’s interests or goals. (2) One member recommended by the exclusive representative for the employee association with the largest membership in San Luis Obispo County. (3) One member recommended by the San Luis Obispo County Health Commission to serve as a health care consumer representative. (4) One member recommended by the San Luis Obispo County Medical Society. (5) One member shall be either the Family Care Center Medical Director or the county health officer. (6) One member shall be the General Hospital’s Chief of Medical Staff or Vice Chief of Staff, or the designee of the Chief of Medical Staff of the General Hospital. (7) One member shall be the county auditor-controller or the designee of the county auditor-controller. (c) Members of the board of directors for the hospital authority shall meet qualifications specified in the enabling ordinance for the hospital authority. (d) The board of supervisors may, upon a majority vote and after duly noticed public hearing, amend the composition of the board of directors, but shall neither increase nor decrease the number of members of the board of directors. (e) The mission of the hospital authority shall be consistent with the mission statement adopted by the San Luis Obispo County Board of Supervisors as part of the 1998–99 final budget and shall consist of the management, administration, and other control, as determined by the board of supervisors, of General Hospital and the Family Care Centers, in a manner that ensures appropriate, quality, and cost-effective medical care as required of counties by Section 17000 of the Welfare and Institutions Code, and, to the extent feasible, other populations to the extent feasible and appropriate. (f) The board of supervisors shall adopt bylaws for General Hospital and the Family Care Centers that set forth those matters, related to the operation of General Hospital and the Family Care Centers by the hospital authority, that the board of supervisors deems necessary and appropriate. The bylaws shall become operative upon approval by a majority vote of the governing board. Any changes or amendments to the bylaws shall be by majority vote of the governing board. (g) The hospital authority created and appointed pursuant to this section is a duly constituted governing body within the meaning of Sections 1250 and 70035 of Title 22 of the California Code of Regulations as currently written or subsequently amended. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  48. 101829.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority may apply for health care licenses as a public agency, unless the board of supervisors provides אחרת by resolution.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101829. Unless otherwise provided by the board of supervisors by way of resolution, the hospital authority is empowered, or the board of supervisors is empowered on behalf of the hospital authority, to apply as a public agency for one or more licenses for the provision of health care pursuant to statutes and regulations governing licensing as currently written or subsequently amended. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  49. 101830.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    If hospital license ownership changes, the hospital authority’s governing body must follow the general acute care hospital obligations in Title 22, Section 70701, and the license’s terms and conditions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101830. In the event of a change of license ownership, the governing body of the hospital authority shall comply with the obligations of governing bodies of general acute care hospitals generally as set forth in Section 70701 of Title 22 of the California Code of Regulations, as currently written or subsequently amended, as well as the terms and conditions of the license. The hospital authority shall be the responsible party with respect to compliance with these obligations, terms, and conditions. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  50. 101831.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    A county transfer of hospital operations to the hospital authority does not change eligibility for certain health program funds and reimbursements.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101831. Any transfer by the county to the hospital authority of the administration, management, and control of General Hospital and the Family Care Centers, whether or not the transfer includes the surrendering by the county of the existing general acute care hospital license and corresponding application for a change of ownership of the license, shall not affect the eligibility of the county, or in the case of a change of license ownership, the hospital authority, to do any of the following: (a) Participate in, and receive allocations pursuant to, the California Healthcare for the Indigent Program (CHIP). (b) Receive supplemental reimbursements from the Emergency Services and Supplemental Payments Fund created pursuant to Section 14085.6 of the Welfare and Institutions Code. (c) Receive appropriations from the Medi-Cal Inpatient Payment Adjustment Fund without relieving the county of its obligation to make intergovernmental transfer payments related to the Medi-Cal Inpatient Payment Adjustment Fund pursuant to Section 14163 of the Welfare and Institutions Code. (d) Receive Medi-Cal capital supplements pursuant to Section 14085.5 of the Welfare and Institutions Code. (e) Receive any other funds that would otherwise be available to a county hospital. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  51. 101832.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    A hospital authority must file a required state statement and is separate from the county; it is not governed by the county charter or county operational rules.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101832. Any transfer described in Section 101831 shall not otherwise disqualify the county, or in the case of a change in license ownership, the hospital authority, from participating in any of the following: (a) Other funding sources either specific to county hospitals or county ambulatory care clinics or for which there are special provisions specific to county hospitals or to county ambulatory care clinics. (b) Funding programs in which the county, on behalf of General Hospital, the Family Care Centers, and the San Luis Obispo County Health Agency had participated prior to the creation of the hospital authority, or would otherwise be qualified to participate in had the hospital authority not been created, and administration, management, and control not been transferred by the county to the hospital authority, pursuant to this chapter. (c) A hospital authority created pursuant to this chapter shall be a legal entity separate and apart from the county and shall file the statement required by Section 53051 of the Government Code. The hospital authority shall be a government entity separate and apart from the county, and shall not be considered to be an agency, division, or department of the county. The hospital authority shall not be governed by, nor be subject to, the charter of the county and shall not be subject to policies or operational rules of the county, including, but not limited to, those relating to personnel and procurement. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  52. 101833.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    Contracts between the county and the hospital authority must keep the hospital authority responsible for its own contract-related liabilities, require indemnification of the county, and preserve county liability for its own negligence.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101833. Any contract executed by and between the county and the hospital authority shall provide that liabilities or obligations of the hospital authority with respect to its activities pursuant to the contract shall be the liabilities or obligations of the hospital authority, and shall not become the liabilities or obligations of the county. Any contract executed by and between the county and the hospital authority shall provide for the indemnification of the county by the hospital authority for liabilities as specifically set forth in the contract, except that the contract shall include a provision that the county shall remain liable for its own negligent acts. Indemnification by the hospital authority shall not be construed as divesting the county from its ultimate responsibility for compliance with Section 17000 of the Welfare and Institutions Code. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  53. 101834.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    When the hospital authority terminates, its liabilities or obligations tied to liquidation or asset disposition do not become the county’s liabilities, except for liabilities or obligations to the State of California.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101834. Any liabilities or obligations of the hospital authority with respect to the liquidation or disposition of the hospital authority’s assets upon termination of the hospital authority shall not become the liabilities or obligations of the county, except for any liabilities or obligations to the State of California. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  54. 101835.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority’s obligations are its own, not the county’s, except for obligations due to the State of California.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101835. Any obligation of the hospital authority, statutory, contractual, or otherwise, shall be the obligation solely of the hospital authority and shall not be the obligation of the county, except for any obligations, statutory, contractual, or otherwise, due the State of California. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  55. 101836.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    A transfer of hospital administration, management, or assets does not end the county’s ultimate responsibility for indigent care.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101836. Notwithstanding any other provision of this section, any transfer of the administration, management, or assets of General Hospital or the Family Care Centers, or both, whether or not accompanied by a change in licensing, shall not relieve the county of the ultimate responsibility for indigent care pursuant to Section 17000 of the Welfare and Institutions Code. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  56. 101837.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    If control or ownership of General Hospital and the Family Care Centers is transferred, the hospital authority gets the same rights and duties that state law gives county-owned or county-operated hospitals.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101837. Notwithstanding the provisions of this article relating to the obligations and liabilities of the hospital authority, a transfer of control or ownership of General Hospital and the Family Care Centers shall confer onto the hospital authority all the rights and duties set forth in state law with respect to hospitals owned or operated by a county. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  57. 101838.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    Any transfer of General Hospital’s maintenance, operation, management, or ownership to the hospital authority must comply with Welfare and Institutions Code Section 14000.2.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101838. A transfer of the maintenance, operation, and management or ownership of General Hospital to the hospital authority shall comply with the provisions of Section 14000.2 of the Welfare and Institutions Code. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  58. 101839.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    Transfers of hospital authority assets may be made on agreed terms, but the board of supervisors keeps control over facility use and must approve certain ownership or sublease actions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101839. A transfer of maintenance, operation, and management or ownership to the hospital authority may be made with or without the payment of a purchase price by the hospital authority and otherwise upon the terms and conditions that the parties may mutually agree, which terms and conditions shall include those found necessary by the board of supervisors to ensure that the transfer will constitute an ongoing material benefit to the county and its residents. In the event of such a transfer: (a) A transfer of the maintenance, operation, and management to the hospital authority shall not be construed as empowering the hospital authority to transfer any ownership interest of the county in General Hospital and the Family Care Centers except as otherwise approved by the board of supervisors. (b) The board of supervisors shall retain control over the use of General Hospital and the Family Care Centers physical plant and facilities except as otherwise specifically provided for in lawful agreements entered into by the board of supervisors. Any lease agreement or other agreement between the county and the hospital authority shall provide that county premises shall not be sublet without the approval of the board of supervisors. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  59. 101840.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    If General Hospital or the Family Care Centers are transferred to the hospital authority, the hospital authority gets the same rule-making authority to allow service integration with other hospitals and free choice of hospitals.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101840. The statutory authority of a board of supervisors to prescribe rules that authorize a county hospital to integrate its services with those of other hospitals into a system of community service that offers free choice of hospitals to those requiring hospital care, as set forth in Section 14000.2 of the Welfare and Institutions Code, shall apply to the hospital authority upon a transfer of maintenance, operation, and management or ownership of General Hospital or the Family Care Centers, or both, to the hospital authority. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  60. 101841.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority has powers to acquire, possess, dispose of, sue, employ personnel, and contract for services, but outsourcing certain county civil service work is restricted unless specified necessity findings are made.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101841. (a) The hospital authority shall have the power to acquire and possess real or personal property and may dispose of real or personal property other than that owned by the county, as may be necessary for the performance of its functions. The hospital authority shall have the power to sue or be sued, to employ personnel, and to contract for services required to meet its obligations. (b) This section shall not be construed to authorize the hospital authority to contract for services that were performed by county civil service employees on June 30, 1999, unless the hospital authority determines that contracting for these services is either of the following: (1) Necessary to ensure the continued availability of certain health care services. (2) Necessary to meet the funding constraints presented by available financing. (c) If the hospital authority determines that contracting out for the services pursuant to subdivision (b) is necessary, the authority shall provide for full communication between the hospital authority and county civil services employees, pursuant to Section 3505 of the Government Code. The communications shall include, but not be limited to, the extent to which the decision to contract out for services could result in the termination or unemployment of county civil service employees. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  61. 101842.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    Board members of the hospital authority are not vicariously liable for injuries caused by the authority, to the extent the same protection applies under Government Code Section 820.9.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101842. Members of the governing board of the hospital authority shall not be vicariously liable for injuries caused by the act or omission of the hospital authority to the extent that protection applies to members of governing boards of local public entities generally under Section 820.9 of the Government Code. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  62. 101843.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority is a public agency and is subject to the Meyers-Milias-Brown Act.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101843. The hospital authority shall be a public agency subject to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code). (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  63. 101844.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    Several county and hospital authority actors must follow transition rules when governance or functions move to the hospital authority.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101844. The county, the hospital authority, the governing board, employees of the county working at General Hospital or the Family Care Centers, and employees of the hospital authority shall comply with the following requirements, in addition to any general requirements of law that are not inconsistent with the following requirements: (a) Any transfer of functions from county employee classifications to a hospital authority established pursuant to this section shall result in the recognition by the hospital authority of the employee organization that represented the classifications performing those functions at the time of the transfer. (b) In exercising its powers to employ personnel, as set forth in Section 101840, the board of supervisors shall adopt, and the hospital shall implement, a personnel transition plan. The personnel transition plan shall require all of the following: (1) Ongoing communications to employees and recognized employee organizations regarding the impact of the transition on existing General Hospital and Family Care Centers employees and employee classifications. (2) Meeting and conferring on all of the following issues: (A) The timeframe for which the transfer of personnel shall occur. The timeframe shall be subject to modification by the board of supervisors as appropriate, but in no event shall it exceed one year from the effective date of transfer of governance from the board of supervisors to the hospital authority. (B) A specified period of time during which employees of the county impacted by the transfer of governance may elect to be appointed to vacant positions with the county for which they are qualified. (C) A specified period of time during which employees of the county impacted by the transfer of governance may elect to be considered for reinstatement into positions with the county for which they are qualified and eligible. (D) The possible preservation of pensions, health benefits, and other applicable accrued benefits of employees of the county impacted by the transfer of governance. Notwithstanding any other provision of law, the personnel transition plan may provide for participation by hospital authority employees in the San Luis Obispo County Pension Trust. (c) Nothing in subdivision (b) shall be construed as prohibiting the hospital authority from determining the number of employees, the number of full-time equivalent positions, the job descriptions, and the nature and extent of classified employment positions, subject to all applicable laws and regulations for licensed medical providers. (d) Employees of the hospital authority are public employees for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code relating to claims and actions against public entities and public employees. (e) Any hospital authority created pursuant to this chapter shall have sole authority to negotiate memorandums of understanding with appropriate employee organizations. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  64. 101845.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority may borrow money from the county, and the county may lend funds or issue revenue anticipation notes for hospital operations and medical services.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101845. The hospital authority created pursuant to the chapter may borrow from the county and the county may lend the hospital authority funds or issue revenue anticipation notes to obtain those funds necessary to operate General Hospital and the Family Care Centers and otherwise provide medical services. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  65. 101845.1.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority is subject to state and federal taxation laws that apply to counties generally.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101845.1. The hospital authority shall be subject to state and federal taxation laws that are applicable to counties generally. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  66. 101845.2.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority, the county, or both may market, advertise, and promote medical and health care services for the community at General Hospital and the Family Care Centers.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101845.2. The hospital authority, the county, or both, may engage in marketing, advertising, and promotion of the medical and health care services made available to the community at General Hospital and the Family Care Centers. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  67. 101846.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority is not treated as a person who can be sued under the Cartwright Act.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101846. The hospital authority shall not be a “person” subject to suit under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code). (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  68. 101847.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    A hospital authority administrative staff member is not treated as engaged in incompatible activities just because of county employment or county affiliation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101847. Notwithstanding Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1 of the Government Code relating to incompatible activities, no member of the hospital authority administrative staff shall be considered to be engaged in activities inconsistent and incompatible with his or her duties as a result of employment or affiliation with the county. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  69. 101848.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority may use a computerized management information system for administering the medical center.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848. The hospital authority may use a computerized management information system in connection with the administration of the medical center. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  70. 101848.1.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    Confidential information in the management information system or other records systems must not be disclosed, except as provided by law.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.1. Information maintained in the management information system or in other filing and records maintenance systems that is confidential and protected by law shall not be disclosed except as provided by law. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  71. 101848.10.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    Section 1461 applies to hearings on reports of hospital medical audit or quality assurance committees, despite any other law.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.10. Notwithstanding any other law, Section 1461 shall apply to hearings on the reports of hospital medical audit or quality assurance committees. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  72. 101848.11.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The hospital authority must carry general liability insurance sufficient to cover its activities.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.11. The hospital authority shall carry general liability insurance to the extent sufficient to cover its activities. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  73. 101848.2.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    Certain hospital authority records are exempt from public disclosure, and that exemption continues even if the records are sent to the board of supervisors.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.2. The records of the hospital authority, whether paper records, records maintained in the management information system, or records in any other form that relate to trade secrets or to payment rates or the determination thereof, or that relate to contract negotiations with providers of health care, shall not be subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted shall be subject to this same exemption. The information, if compelled pursuant to an order of a court of competent jurisdiction or administrative body in a manner permitted by law, shall be limited to in camera review, which, at the discretion of the court, may include the parties to the proceeding, and shall not be made a part of the court file unless sealed. (Amended by Stats. 2021, Ch. 615, Sec. 268. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  74. 101848.3.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

    Verify source ↗

    The governing board may hold a meeting in closed session when the meeting is solely about hospital authority trade secrets.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.3. Notwithstanding any other law, the governing board may order that a meeting held solely for the purpose of discussion or taking action on hospital authority trade secrets, as defined in subdivision (d) of Section 3426.1 of the Civil Code, shall be held in closed session. The requirements of making a public report of actions taken in closed session and the vote or abstention of every member present may be limited to a brief general description devoid of the information constituting the trade secret. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  75. 101848.4.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    The governing board may delete trade-secret portions from certain documents approved in closed session before providing them to requesters.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.4. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session that are provided to persons who have made the timely or standing request. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  76. 101848.45.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    The governing board is not barred by this chapter from meeting in closed session when otherwise allowed by law.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.45. Nothing in this chapter shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  77. 101848.5.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    This section says the chapter does not stop the Joint Legislative Audit Committee from accessing records when it acts under its powers.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.5. The provisions of this chapter shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2 of the Government Code. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  78. 101848.6.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    Open sessions of the hospital authority are treated as official proceedings authorized by law, and the Civil Code section 47 privileges for official proceedings apply.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.6. Open sessions of the hospital authority shall constitute official proceedings authorized by law within the meaning of Section 47 of the Civil Code. The privileges set forth in that section with respect to official proceedings shall apply to open sessions of the hospital authority. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  79. 101848.7.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    The hospital authority is treated as a public agency for grant, funding, and loan guarantee eligibility, and its nonproprietary income is exempt from state income tax.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.7. The hospital authority shall be a public agency for purposes of eligibility with respect to grants and other funding and loan guarantee programs. Contributions to the hospital authority shall be tax deductible to the extent permitted by state and federal law. Nonproprietary income of the hospital authority shall be exempt from state income taxation. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  80. 101848.8.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    The hospital authority may let certain contracts on a nonbid basis and those contracts are exempt from a specified Public Contract Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.8. Contracts by and between the hospital authority and the state and contracts by and between the hospital authority and providers of health care, goods, or services may be let on a nonbid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  81. 101848.9.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    Peer review confidentiality rules apply to the hospital authority’s peer review activities, and required submissions of peer review or credentialing information do not waive confidentiality.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101848.9. Provisions of the Evidence Code, the Government Code, including the Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), the Civil Code, the Business and Professions Code, and other applicable law pertaining to the confidentiality of peer review activities of peer review bodies shall apply to the peer review activities of the hospital authority. Peer review proceedings shall constitute an official proceeding authorized by law within the meaning of Section 47 of the Civil Code and those privileges set forth in that section with respect to official proceedings shall apply to peer review proceedings of the hospital authority. If the hospital authority is required by law or contractual obligation to submit to the state or federal government peer review information or information relevant to the credentialing of a participating provider, that submission shall not constitute a waiver of confidentiality. The laws pertaining to the confidentiality of peer review activities shall be together construed as extending, to the extent permitted by law, the maximum degree of protection of confidentiality. (Amended by Stats. 2021, Ch. 615, Sec. 269. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  82. 101849.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    If the board of supervisors determines the hospital authority should no longer function, it may end the authority’s activities and expire the authority by ordinance, subject to Section 1442.5 and any applicable public hearing requirements.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101849. In the event the board of supervisors determines that the hospital authority should no longer function for the purposes as set forth in this chapter, the board of supervisors may, by ordinance, terminate the activities of the hospital authority and expire the hospital authority as an entity, subject to Section 1442.5 in that code and any applicable public hearing requirements. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  83. 101849.1.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    Some hospital authorities cannot receive the powers listed in this chapter unless they obtain control of General Hospital and the Family Care Centers and keep those duties.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101849.1. A hospital authority that is created pursuant to this article but which does not obtain the administration, management, and control of General Hospital and the Family Care Centers or which has those duties and responsibilities revoked by the board of supervisors shall not be empowered with the powers enumerated in this chapter. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  84. 101849.2.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    The county must set baseline reporting requirements for General Hospital and the Family Care Centers and collect the data for at least one year before the final transfer to the hospital authority.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101849.2. The county shall establish baseline data reporting requirements for General Hospital and the Family Care Centers consistent with the Medically Indigent Health Care Reporting System (MICRS) program established pursuant to Section 16910 of the Welfare and Institutions Code and shall collect that data for at least one year prior to the final transfer of General Hospital and the Family Care Centers to the hospital authority established pursuant to this chapter. The baseline data shall include, but not be limited to, all of the following: (a) Inpatient days by facility by quarter. (b) Outpatient visits by facility by quarter. (c) Emergency room visits by facility by quarter. (d) Number of unduplicated users receiving services within the medical center. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  85. 101849.3.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    If General Hospital and the Family Care Centers are transferred, the county must set baseline data reporting requirements for their inpatient facilities.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101849.3. Upon transfer of General Hospital and the Family Care Centers, the county shall establish baseline data reporting requirements for each of the General Hospital and the Family Care Centers inpatient facilities consistent with data reporting requirements of the Office of Statewide Health Planning and Development, including, but not limited to, monthly average daily census by facility for all of the following: (a) Acute care, excluding newborns. (b) Newborns. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  86. 101849.4.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. )

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    After the hospital transfer, the hospital authority must give the county quarterly reports and any other county-required data.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. San Luis Obispo County Hospital Authority [101825 - 101849.4] ( Chapter 4 added by Stats. 1999, Ch. 899, Sec. 1. ) ## ARTICLE 2. Hospital Authority [101827 - 101849.4] ( Article 2 added by Stats. 1999, Ch. 899, Sec. 1. ) ## 101849.4. From the date of transfer of General Hospital and the Family Care Centers to the hospital authority, the hospital authority shall provide the county with quarterly reports specified in Sections 101849.2 and 101849.3 and any other data required by the county. The county, in consultation with health care consumer groups, shall develop other data requirements that shall include, at a minimum, reasonable measurements of the changes in medical care for the indigent population of San Luis Obispo County that result from the transfer of the administration, management, and control of General Hospital and the Family Care Centers from the county to the hospital authority. (Added by Stats. 1999, Ch. 899, Sec. 1. Effective January 1, 2000.)
  87. 101850.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5. Alameda Health System Hospital Authority [101850 - 101851] ( Heading of Chapter 5 amended by Stats. 2014, Ch. 46, Sec. 2. )

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    This section lets the Alameda County Board of Supervisors create a hospital authority to run the Alameda Health System, and sets rules for its governance, reporting, confidentiality, and contracting.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5. Alameda Health System Hospital Authority [101850 - 101851] ( Heading of Chapter 5 amended by Stats. 2014, Ch. 46, Sec. 2. ) ## 101850. The Legislature finds and declares the following: (a) (1) Due to the challenges facing the Alameda Health System arising from changes in the public and private health industries, the Alameda County Board of Supervisors has determined that a transfer of governance of the Alameda Health System to an independent governing body, a hospital authority, is needed to improve the efficiency, effectiveness, and economy of the community health services provided at the medical center. The board of supervisors has further determined that the creation of an independent hospital authority strictly and exclusively dedicated to the management, administration, and control of the medical center, in a manner consistent with the county’s obligations under Section 17000 of the Welfare and Institutions Code, is the best way to fulfill its commitment to the medically indigent, special needs, and general populations of Alameda County. To accomplish this, it is necessary that the board of supervisors be given authority to create a hospital authority. Because there is no general law under which this authority could be formed, the adoption of a special act and the formation of a special authority is required. (2) The following definitions apply for purposes of this section: (A) “The county” means the County of Alameda. (B) “Governing board” means the governing body of the hospital authority. (C) “Hospital authority” means the separate public agency established by the Board of Supervisors of Alameda County to manage, administer, and control the Alameda Health System. (D) “Medical center” means the Alameda Health System, which was formerly known as the Alameda County Medical Center. (b) The board of supervisors of the county may, by ordinance, establish a hospital authority separate and apart from the county for the purpose of effecting a transfer of the management, administration, and control of the medical center in accordance with Section 14000.2 of the Welfare and Institutions Code. A hospital authority established pursuant to this chapter shall be strictly and exclusively dedicated to the management, administration, and control of the medical center within parameters set forth in this chapter, and in the ordinance, bylaws, and contracts adopted by the board of supervisors that shall not be in conflict with this chapter, Section 1442.5 of this code, or Section 17000 of the Welfare and Institutions Code. (c) A hospital authority established pursuant to this chapter shall be governed by a board that is appointed, both initially and continually, by the Board of Supervisors of the County of Alameda. This hospital authority governing board shall reflect both the expertise necessary to maximize the quality and scope of care at the medical center in a fiscally responsible manner and the diverse interest that the medical center serves. The enabling ordinance shall specify the membership of the hospital authority governing board, the qualifications for individual members, the manner of appointment, selection, or removal of governing board members, their terms of office, and all other matters that the board of supervisors deems necessary or convenient for the conduct of the hospital authority’s activities. (d) The mission of the hospital authority shall be the management, administration, and other control, as determined by the board of supervisors, of the group of public hospitals, clinics, and programs that comprise the medical center, in a manner that ensures appropriate, quality, and cost-effective medical care as required of counties by Section 17000 of the Welfare and Institutions Code, and, to the extent feasible, other populations, including special populations in the County of Alameda. (e) The board of supervisors shall adopt bylaws for the medical center that set forth those matters related to the operation of the medical center by the hospital authority that the board of supervisors deems necessary and appropriate. The bylaws shall become operative upon approval by a majority vote of the board of supervisors. Changes or amendments to the bylaws shall be by majority vote of the board of supervisors. (f) The hospital authority created and appointed pursuant to this section is a duly constituted governing body within the meaning of Section 1250 of this code and Section 70035 of Title 22 of the California Code of Regulations as currently written or subsequently amended. (g) Unless otherwise provided by the board of supervisors by way of resolution, the hospital authority may, or the board of supervisors may on behalf of the hospital authority, apply as a public agency for one or more licenses for the provision of health care pursuant to statutes and regulations governing licensing as currently written or subsequently amended. (h) In the event of a change of license ownership, the governing body of the hospital authority shall comply with the obligations of governing bodies of general acute care hospitals generally, as set forth in Section 70701 of Title 22 of the California Code of Regulations, as currently written or subsequently amended, as well as the terms and conditions of the license. The hospital authority is the responsible party with respect to compliance with these obligations, terms, and conditions. (i) (1) A transfer by the county to the hospital authority of the administration, management, and control of the medical center, whether or not the transfer includes the surrendering by the county of the existing general acute care hospital license and corresponding application for a change of ownership of the license, does not affect the eligibility of the county, or in the case of a change of license ownership, the hospital authority, to do any of the following: (A) Participate in, and receive allocations pursuant to, the California Healthcare for the Indigents Program (CHIP). (B) Receive appropriations from the Medi-Cal Inpatient Payment Adjustment Fund without relieving the county of its obligation to make intergovernmental transfer payments related to the Medi-Cal Inpatient Payment Adjustment Fund pursuant to Section 14163 of the Welfare and Institutions Code. (C) Receive Medi-Cal capital supplements pursuant to Section 14085.5 of the Welfare and Institutions Code. (D) Receive any other funds that would otherwise be available to a county hospital. (2) A transfer described in paragraph (1) does not otherwise disqualify the county or, in the case of a change in license ownership, the hospital authority from participating in any of the following: (A) Other funding sources either specific to county hospitals or county ambulatory care clinics or for which there are special provisions specific to county hospitals or to county ambulatory care clinics. (B) Funding programs in which the county, on behalf of the medical center and the Alameda County Health Care Services Agency, had participated in prior to the creation of the hospital authority, or would otherwise be qualified to participate in had the hospital authority not been created, and administration, management, and control not been transferred by the county to the hospital authority, pursuant to this chapter. (j) A hospital authority created pursuant to this chapter shall be a legal entity separate and apart from the county and shall file the statement required by Section 53051 of the Government Code. The hospital authority shall be a government entity separate and apart from the county, and shall not be considered to be an agency, division, or department of the county. The hospital authority shall not be governed by, nor be subject to, the charter of the county and shall not be subject to policies or operational rules of the county, including, but not limited to, those relating to personnel and procurement. (k) (1) A contract executed by and between the county and the hospital authority shall provide that liabilities or obligations of the hospital authority with respect to its activities pursuant to the contract shall be the liabilities or obligations of the hospital authority, and shall not become the liabilities or obligations of the county. (2) Liabilities or obligations of the hospital authority with respect to the liquidation or disposition of the hospital authority’s assets upon termination of the hospital authority shall not become the liabilities or obligations of the county. (3) An obligation of the hospital authority, statutory, contractual, or otherwise, shall be the obligation solely of the hospital authority and shall not be the obligation of the county or the state. (l) (1) Notwithstanding any other provision of this section, a transfer of the administration, management, or assets of the medical center, whether or not accompanied by a change in licensing, does not relieve the county of the ultimate responsibility for indigent care pursuant to Section 17000 of the Welfare and Institutions Code or any obligation pursuant to Section 1442.5 of this code. (2) A contract executed by and between the county and the hospital authority shall provide for the indemnification of the county by the hospital authority for liabilities as specifically set forth in the contract, except that the contract shall include a provision that the county shall remain liable for its own negligent acts. (3) Indemnification by the hospital authority shall not be construed as divesting the county from its ultimate responsibility for compliance with Section 17000 of the Welfare and Institutions Code. (m) Notwithstanding the provisions of this section relating to the obligations and liabilities of the hospital authority, a transfer of control or ownership of the medical center shall confer onto the hospital authority all the rights and duties set forth in state law with respect to hospitals owned or operated by a county. (n) (1) A transfer of the maintenance, operation, and management or ownership of the medical center to the hospital authority shall comply with the provisions of Section 14000.2 of the Welfare and Institutions Code. (2) A transfer of maintenance, operation, and management or ownership to the hospital authority may be made with or without the payment of a purchase price by the hospital authority and upon the terms and conditions on which the parties mutually agree, which shall include those found necessary by the board of supervisors to ensure that the transfer will constitute an ongoing material benefit to the county and its residents. (3) A transfer of the maintenance, operation, and management to the hospital authority shall not be construed as empowering the hospital authority to transfer any ownership interest of the county in the medical center except as otherwise approved by the board of supervisors. (o) The board of supervisors shall retain control over the use of the medical center physical plant and facilities except as otherwise specifically provided for in lawful agreements entered into by the board of supervisors. A lease agreement or other agreement between the county and the hospital authority shall provide that county premises shall not be sublet without the approval of the board of supervisors. (p) The statutory authority of a board of supervisors to prescribe rules that authorize a county hospital to integrate its services with those of other hospitals into a system of community service that offers free choice of hospitals to those requiring hospital care, as set forth in Section 14000.2 of the Welfare and Institutions Code, shall apply to the hospital authority upon a transfer of maintenance, operation, and management or ownership of the medical center by the county to the hospital authority. (q) The hospital authority may acquire and possess real or personal property and may dispose of real or personal property other than that owned by the county, as may be necessary for the performance of its functions. The hospital authority may sue or be sued, to employ personnel, and to contract for services required to meet its obligations. Before January 1, 2035, the hospital authority shall not enter into a contract with any other person or entity, including, but not limited to, a subsidiary or other entity established by the authority, to replace services being provided by physicians and surgeons who are employed by the hospital authority and in a recognized collective bargaining unit, with services provided by that other person or entity without clear and convincing evidence that the needed medical care can only be delivered cost effectively by that other person or entity. Prior to entering into a contract for any of those services, the authority shall negotiate with the representative of the recognized collective bargaining unit of its physician and surgeon employees over the decision to privatize and, if unable to resolve any dispute through negotiations, shall submit the matter to final binding arbitration. (r) An agreement between the county and the hospital authority shall provide that all existing services provided by the medical center shall continue to be provided to the county through the medical center subject to the policy of the county and consistent with the county’s obligations under Section 17000 of the Welfare and Institutions Code. (s) A hospital authority to which the maintenance, operation, and management or ownership of the medical center is transferred shall be a “district” within the meaning set forth in the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code). Employees of a hospital authority are eligible to participate in the County Employees Retirement System to the extent permitted by law, except as described in Section 101851. (t) Members of the governing board of the hospital authority shall not be vicariously liable for injuries caused by the act or omission of the hospital authority to the extent that protection applies to members of governing boards of local public entities generally under Section 820.9 of the Government Code. (u) The hospital authority shall be a public agency subject to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code). (v) Any transfer of functions from county employee classifications to a hospital authority established pursuant to this section shall result in the recognition by the hospital authority of the employee organization that represented the classifications performing those functions at the time of the transfer. (w) (1) In exercising its powers to employ personnel, as set forth in subdivision (p), the hospital authority shall implement, and the board of supervisors shall adopt, a personnel transition plan. The personnel transition plan shall require all of the following: (A) Ongoing communications to employees and recognized employee organizations regarding the impact of the transition on existing medical center employees and employee classifications. (B) Meeting and conferring on all of the following issues: (i) The timeframe for which the transfer of personnel shall occur. The timeframe shall be subject to modification by the board of supervisors as appropriate, but in no event shall it exceed one year from the effective date of transfer of governance from the board of supervisors to the hospital authority. (ii) A specified period of time during which employees of the county impacted by the transfer of governance may elect to be appointed to vacant positions with the Alameda County Health Care Services Agency for which they have tenure. (iii) A specified period of time during which employees of the county impacted by the transfer of governance may elect to be considered for reinstatement into positions with the county for which they are qualified and eligible. (iv) Compensation for vacation leave and compensatory leave accrued while employed with the county in a manner that grants affected employees the option of either transferring balances or receiving compensation to the degree permitted employees laid off from service with the county. (v) A transfer of sick leave accrued while employed with the county to hospital authority employment. (vi) The recognition by the hospital authority of service with the county in determining the rate at which vacation accrues. (vii) The possible preservation of seniority, pensions, health benefits, and other applicable accrued benefits of employees of the county impacted by the transfer of governance. (2) This subdivision shall not be construed as prohibiting the hospital authority from determining the number of employees, the number of full-time equivalent positions, the job descriptions, and the nature and extent of classified employment positions. (3) Employees of the hospital authority are public employees for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code relating to claims and actions against public entities and public employees. (x) The hospital authority created pursuant to this section shall be bound by the terms of the memorandum of understanding executed by and between the county and health care and management employee organizations that is in effect as of the date this legislation becomes operative in the county. Upon the expiration of the memorandum of understanding, the hospital authority has sole authority to negotiate subsequent memorandums of understanding with appropriate employee organizations. Subsequent memorandums of understanding shall be approved by the hospital authority. (y) The hospital authority created pursuant to this section may borrow from the county and the county may lend the hospital authority funds or issue revenue anticipation notes to obtain those funds necessary to operate the medical center and otherwise provide medical services. (z) The hospital authority is subject to state and federal taxation laws that are applicable to counties generally. (aa) The hospital authority, the county, or both, may engage in marketing, advertising, and promotion of the medical and health care services made available to the community at the medical center. (ab) The hospital authority is not a “person” subject to suit under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code). (ac) Notwithstanding Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1 of the Government Code related to incompatible activities, a member of the hospital authority administrative staff shall not be considered to be engaged in activities inconsistent and incompatible with the staff member’s duties as a result of employment or affiliation with the county. (ad) (1) The hospital authority may use a computerized management information system in connection with the administration of the medical center. (2) Information maintained in the management information system or in other filing and records maintenance systems that is confidential and protected by law shall not be disclosed except as provided by law. (3) The records of the hospital authority, whether paper records, records maintained in the management information system, or records in any other form, that relate to trade secrets or to payment rates or the determination thereof, or that relate to contract negotiations with providers of health care, shall not be subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors does not constitute a waiver of exemption from disclosure, and the records and information, once transmitted, shall be subject to this same exemption. The information, if compelled pursuant to an order of a court of competent jurisdiction or administrative body in a manner permitted by law, shall be limited to in-camera review, which, at the discretion of the court, may include the parties to the proceeding, and shall not be made a part of the court file unless sealed. (ae) (1) Notwithstanding any other law, the governing board may order that a meeting held solely for the purpose of discussion or taking action on hospital authority trade secrets, as defined in subdivision (d) of Section 3426.1 of the Civil Code, shall be held in closed session. The requirements of making a public report of actions taken in closed session and the vote or abstention of every member present may be limited to a brief general description devoid of the information constituting the trade secret. (2) The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session that are provided to persons who have made the timely or standing request. (3) This section shall not be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (af) Open sessions of the hospital authority constitute official proceedings authorized by law within the meaning of Section 47 of the Civil Code. The privileges set forth in that section with respect to official proceedings apply to open sessions of the hospital authority. (ag) The hospital authority is a public agency for purposes of eligibility with respect to grants and other funding and loan guarantee programs. Contributions to the hospital authority are tax deductible to the extent permitted by state and federal law. Nonproprietary income of the hospital authority is exempt from state income taxation. (ah) Contracts by and between the hospital authority and the state and contracts by and between the hospital authority and providers of health care, goods, or services may be let on a nonbid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (ai) (1) Provisions of the Evidence Code, the Government Code, including the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), the Civil Code, the Business and Professions Code, and other applicable law pertaining to the confidentiality of peer review activities of peer review bodies apply to the peer review activities of the hospital authority. Peer review proceedings constitute an official proceeding authorized by law within the meaning of Section 47 of the Civil Code and those privileges set forth in that section with respect to official proceedings shall apply to peer review proceedings of the hospital authority. If the hospital authority is required by law or contractual obligation to submit to the state or federal government peer review information or information relevant to the credentialing of a participating provider, that submission does not constitute a waiver of confidentiality. The laws pertaining to the confidentiality of peer review activities shall be together construed as extending, to the extent permitted by law, the maximum degree of protection of confidentiality. (2) Notwithstanding any other law, Section 1461 applies to hearings on the reports of hospital medical audit or quality assurance committees. (aj) The hospital authority shall carry general liability insurance to the extent sufficient to cover its activities. (ak) In the event the board of supervisors determines that the hospital authority should no longer function for the purposes set forth in this chapter, the board of supervisors may, by ordinance, terminate the activities of the hospital authority and expire the hospital authority as an entity. (al) A hospital authority that is created pursuant to this section, but does not obtain the administration, management, and control of the medical center or has those duties and responsibilities revoked by the board of supervisors, shall not be empowered with the powers enumerated in this section. (am) (1) The county shall establish baseline data reporting requirements for the medical center consistent with the Medically Indigent Care Reporting System (MICRS) program established pursuant to Section 16910 of the Welfare and Institutions Code and shall collect that data for at least one year prior to the final transfer of the medical center to the hospital authority established pursuant to this chapter. The baseline data shall include, but not be limited to, all of the following: (A) Inpatient days by facility by quarter. (B) Outpatient visits by facility by quarter. (C) Emergency room visits by facility by quarter. (D) Number of unduplicated users receiving services within the medical center. (2) Upon transfer of the medical center, the county shall establish baseline data reporting requirements for each of the medical center inpatient facilities consistent with data reporting requirements of the Office of Statewide Health Planning and Development, including, but not limited to, monthly average daily census by facility for all of the following: (A) Acute care, excluding newborns. (B) Newborns. (C) Skilled nursing facility, in a distinct part. (3) From the date of transfer of the medical center to the hospital authority, the hospital authority shall provide the county with quarterly reports specified in paragraphs (1) and (2) and any other data required by the county. The county, in consultation with health care consumer groups, shall develop other data requirements that shall include, at a minimum, reasonable measurements of the changes in medical care for the indigent population of the County of Alameda that result from the transfer of the administration, management, and control of the medical center from the county to the hospital authority. (an) A hospital authority established pursuant to this section shall comply with the requirements of Sections 53260 and 53261 of the Government Code. (Amended by Stats. 2023, Ch. 269, Sec. 1. (AB 722) Effective January 1, 2024.)
  88. 101851.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5. Alameda Health System Hospital Authority [101850 - 101851] ( Heading of Chapter 5 amended by Stats. 2014, Ch. 46, Sec. 2. )

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    This section limits who may join the Alameda County Employees’ Retirement Association and requires certain employees to join hospital-authority retirement plans instead.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5. Alameda Health System Hospital Authority [101850 - 101851] ( Heading of Chapter 5 amended by Stats. 2014, Ch. 46, Sec. 2. ) ## 101851. On or after the effective date of the act adding this section, the eligibility of an employee of the hospital authority described in this section to participate in the Alameda County Employees’ Retirement Association, as prescribed in subdivision (s) of Section 101850, is limited as follows: (a) (1) A person who has the following characteristics shall not become a member of the Alameda County Employees’ Retirement Association upon entering the employ of the hospital authority or during a subsequent period of employment with the hospital authority and shall instead be subject to paragraph (2): (A) The person is an employee of a facility on the date that the facility is acquired by, or merged into, the hospital authority or the person later becomes an employee of that facility after its acquisition or merger. (B) The person is not a member of the Alameda County Employees’ Retirement Association on the date that the facility is acquired by, or merged into, the hospital authority or when the person later becomes an employee of that facility. (C) The person is not subject to a memorandum of understanding between the facility or hospital authority and a recognized union or bargaining agent. (2) A person described by this subdivision shall become a participant in one or more retirement plans sponsored by the hospital authority that were adopted by the hospital authority on November 27, 2012, or as subsequently amended. (b) (1) A person who has the following characteristics may become a member of the Alameda County Employees’ Retirement Association, subject to paragraph (2), upon entering the employ of the hospital authority or during a subsequent period of employment with the hospital authority: (A) The person is an employee of a facility on the date that the facility is acquired by, or merged into, the hospital authority or the person later becomes an employee of that facility after its acquisition or merger. (B) The person is subject to a memorandum of understanding between the facility or hospital authority and a recognized union or bargaining agent. (2) The retirement benefits of a person described in this subdivision shall be governed by the applicable memorandum of understanding, which may provide for the person’s membership in the Alameda County Employees’ Retirement Association or prohibit that membership and instead provide either of the following: (A) That the person shall become a participant in one or more retirement plans sponsored by the hospital authority that were adopted by the hospital authority on November 27, 2012, or as subsequently amended. (B) That the hospital authority contribute on behalf of the person to a pension trust sponsored by a third party pursuant to which the hospital authority qualifies as a participating employer. (c) (1) Upon adoption of a resolution by the hospital authority making this subdivision applicable, a person who has the following characteristics shall not become a member of the Alameda County Employees’ Retirement Association upon entering the employ of the hospital authority and shall instead be subject to paragraph (2): (A) The person is hired by the hospital authority on or after the effective date of this section and on or after the effective date of the resolution. (B) The person is not a member of the Alameda County Employees’ Retirement Association on the date of hire. (C) The person is not subject to a memorandum of understanding between the hospital authority and a recognized union or bargaining agent. (2) A person described by this subdivision shall become a participant in one or more retirement plans sponsored by the hospital authority that were adopted by the hospital authority on November 27, 2012, or as subsequently amended. (d) (1) Notwithstanding subdivision (b), during the period between the effective date of the act adding this subdivision and the expiration of a memorandum of understanding that is in effect during that period between the facility or hospital authority and a recognized union or bargaining agent, a request to meet and confer by the recognized union or bargaining agent shall reopen the memorandum of understanding solely for the purpose of negotiating an agreement regarding inclusion of people within the applicable bargaining unit in the Alameda County Employees’ Retirement Association. Either party may elect to negotiate a side letter or similar agreement in lieu of reopening the memorandum of understanding. This subdivision shall not be interpreted to abrogate agreements that are in effect between the facility or hospital authority and a recognized union or bargaining agent. (2) If the facility or hospital authority and a recognized union or bargaining agent agree to include people within an applicable bargaining unit participating in the Alameda County Employees’ Retirement Association, a person who subsequently transfers, reassigns, or is hired into that bargaining unit who is a member of the Alameda County Employees’ Retirement Association shall maintain the same tier of membership in the Alameda County Employees’ Retirement Association upon being transferred, reassigned, or hired into that bargaining unit. (Amended by Stats. 2021, Ch. 379, Sec. 1. (AB 1048) Effective January 1, 2022.)
  89. 101852.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 1. General Provisions [101852 - 101852.1] ( Article 1 added by Stats. 2014, Ch. 613, Sec. 3. )

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    This section names the chapter the Kern County Hospital Authority Act and states legislative findings supporting creation of a new public hospital authority.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 1. General Provisions [101852 - 101852.1] ( Article 1 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101852. (a) This chapter shall be known, and may be cited, as the Kern County Hospital Authority Act. (b) The Legislature finds and declares all of the following: (1) Kern Medical Center, an acute care hospital currently operated as a constituent department of the County of Kern, is a designated public hospital, as defined in subdivision (d) of Section 14166.1 of the Welfare and Institutions Code, and a critical component of the state’s health care safety net. (2) A county is authorized under existing law to integrate its county hospital services with those of other hospitals into a system of community service that offers free choice of hospitals to those requiring hospital care, with the objective of eliminating discrimination or segregation based on economic disability, so that the county hospital and other hospitals in the community share in providing services to paying patients and to those who qualify for care in public medical care programs. However, in a new era of health care delivery, it is necessary to pursue approaches that transition beyond acute care-centric orientations. (3) The ongoing evolution of the health care environment requires public entities providing or arranging health care services to pursue innovative health care delivery models that proactively improve the quality of patient care services and patient experience, efficiently and effectively increase access to needed health care services across the care continuum, provide services in a patient-centered manner, and moderate the rate of growth of health care expenditures. (4) The board of supervisors of the County of Kern has determined that providing access to affordable, high-quality health care services, and ensuring the full engagement and viability of the health care safety net in the county are essential for improving the health status of the people of the County of Kern. To further this imperative, it is necessary that the Kern Medical Center, while continuing as a designated public hospital and maintaining its mission, is provided with an organizational and operational structure that facilitates and improves its ability to function with flexibility, responsiveness, and innovation to promote a patient-centric system of care delivery featuring community-based care. This can best be accomplished by allowing the operation of the Kern Medical Center, along with other health-related resources, under a new hospital authority that is able to pursue efforts towards a delivery system that embraces population health management strategies, is effectively positioned for health plan-provider alignment, and maximizes opportunities for employees and enhancement of staff morale. (5) This chapter is necessary to allow the formation of a new political subdivision, a public hospital authority, for the purposes described above. (Amended by Stats. 2015, Ch. 790, Sec. 1. (AB 1350) Effective January 1, 2016.)
  90. 101852.1.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 1. General Provisions [101852 - 101852.1] ( Article 1 added by Stats. 2014, Ch. 613, Sec. 3. )

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    This section defines key terms used in the chapter about the Kern County Hospital Authority.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 1. General Provisions [101852 - 101852.1] ( Article 1 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101852.1. For purposes of this chapter, the following definitions shall apply: (a) “Authority” means the Kern Hospital System Authority established pursuant to this chapter. (b) “Board of supervisors” means the board of supervisors of the County of Kern. (c) “Board of governors” means the governing body of the authority. (d) “County” means the County of Kern. (e) “Enabling ordinance” means the county ordinance enacted by the board of supervisors pursuant to this chapter to establish the authority, as it may be amended from time to time. (f) “Legacy employees” means employees of the county who retired from the medical center prior to the date of transfer of control of the medical center, employees of the county who are initially transferred to the authority on the date of transfer of control of the medical center, and employees first hired by or retired from the authority during the 24-month period following the date of transfer of control of the medical center. (g) “Medical center” means the assets and liabilities comprising the Kern Medical Center, including, without limitation, a licensed acute care hospital and related public health care programs, facilities, care organizations, physician practice plans and delivery systems, which may be hospital-based or nonhospital-based, as specified by the board of supervisors or the authority now or in the future, as the case may be, depending on which entity controls the medical center. (h) “New employees” means employees first hired by the authority after the 24-month period following the date of transfer of control of the medical center. (i) “Transfer of control of the medical center” means the transfer by the county to the authority of the maintenance, operation, management, and personnel of the medical center, whether by lease, transfer of ownership, or other means, as provided by, and subject to, any conditions and limitations specified by the board of supervisors in the enabling ordinance. (Amended by Stats. 2015, Ch. 790, Sec. 2. (AB 1350) Effective January 1, 2016.)
  91. 101853.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 2. Establishment of the Kern County Hospital Authority [101853 - 101853.1] ( Article 2 added by Stats. 2014, Ch. 613, Sec. 3. )

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    This section lets the Kern County board of supervisors create the Kern County Hospital Authority and gives the authority control over the medical center, while requiring some filings, compliance steps, and limits on transfers.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 2. Establishment of the Kern County Hospital Authority [101853 - 101853.1] ( Article 2 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101853. (a) Pursuant to this chapter, the board of supervisors may establish by ordinance the Kern County Hospital Authority, which shall be a public agency that is a local unit of government separate and apart from the county and any other public entity for all purposes. The authority established pursuant to this chapter shall file the statement required by Section 53051 of the Government Code, and is a public entity for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. (b) The purpose of the authority shall be to do all of the following: (1) Provide management, administration, and other controls consistent with this chapter as needed to operate the medical center and maintain its status as a designated public hospital, as defined in subdivision (d) of Section 14166.1 of the Welfare and Institutions Code, and for the operation of additional programs, clinics and other facilities, care organizations, health care service and physician practice plans, and delivery systems that may be affiliated or consolidated with the medical center, to ensure the viability of the health care safety net in the county in a manner consistent with the county’s requirements under Section 17000 of the Welfare and Institutions Code. (2) Provide management, administration, and other controls consistent with this chapter to negotiate and enter into contracts to provide or arrange, or provide directly, on a fee-for-service, capitated, or other basis, health care services to individuals including, but not limited to, those covered under Subchapters XVIII (commencing with Section 1395), XIX (commencing with Section 1396), and XXI (commencing with Section 1397aa) of Chapter 7 of Title 42 of the United States Code, those entitled to coverage under private group coverage, private individual coverage, including without limitation, coverage through Covered California, other publicly supported programs, those employed by public agencies or private businesses, and uninsured or indigent individuals. (c) Subject to the requirements of this chapter, the authority shall have, and be charged with, authority for the maintenance, operation, management, control, ownership, or lease of the medical center and other health-related resources, as provided by the enabling ordinance. The State Department of Health Care Services shall take all necessary steps to ensure all of the following: (1) The authority has all of the licenses, permits, and approvals needed to operate the medical center. (2) The medical center continues its status as a designated public hospital to at least the same extent as it would be designated in the absence of its transfer to the authority pursuant to this chapter. (3) The authority may participate as a contributing public agency for all of the purposes specified in Section 433.51 of Title 42 of the Code of Federal Regulations, to the extent permitted by federal law. (d) The board of supervisors, in the enabling ordinance, shall establish the terms and conditions of the transfer to the authority from the county, including, but not limited to, all of the following: (1) Any transfer of real and personal property, assets, and liabilities, including, but not limited to, liabilities of the medical center determined and assigned by the county for county funds previously advanced, but not repaid or otherwise recovered, to fund the operations of the medical center. (2) Transfer of employees, including any necessary personnel transition plan, as specified in Section 101853.1, allocation of credit for funded pension assets and responsibility for any unfunded pension liabilities under the Kern County Employees’ Retirement Association, as specified in paragraph (7) of subdivision (g) of Section 101853.1, or other retirement plans, and funding of the accrued benefits of employees of the authority in the event of withdrawal from the plan or dissolution of the authority. Any allocation of credit for funded pension assets and responsibility for any unfunded pension liabilities with respect to the Kern County Employees’ Retirement Association must be approved by its governing board of retirement after consideration of legal and actuarial analysis, and no such allocation may be made that would jeopardize the qualified status of the Kern County Employees’ Retirement Association under the federal Internal Revenue Code. (3) Maintenance, operation, management, control, ownership, or lease of the medical center. (4) Transfer of licenses. (5) Whether funds of the authority shall be deposited in the custody of, and paid out solely through, the county treasurer’s office. (6) Any other matters as the board of supervisors deems necessary, appropriate, or convenient for the conduct of the authority’s activities. (e) (1) Notwithstanding any other law, a transfer of control of the medical center to the authority may be made, with or without the payment of a purchase price by the authority, and otherwise upon the terms and conditions as found necessary by the board of supervisors and specified in the enabling ordinance to ensure that the transfer will constitute an ongoing material benefit to the county and its residents. (2) A transfer of control of the medical center to the authority shall not be construed as empowering the authority to transfer any ownership interest of the county in any portion of the medical center except as otherwise approved by the board of supervisors. (3) The authority shall not transfer the maintenance, operation, management, control, ownership, or lease of the medical center to any other person or entity without the prior written approval of the board of supervisors. This paragraph shall not prevent the county, by ordinance, from allowing the disposal of obsolete or surplus equipment, supplies, or furnishings of the medical center by the authority. (4) With respect to its maintenance, operation, management, control, ownership, or lease of the medical center, the authority shall conform to both of the following requirements: (A) Comply with any applicable requirements of Section 14000.2 of the Welfare and Institutions Code. (B) Comply with any applicable requirements of Section 1442.5. (5) The board of supervisors may retain control of the medical center physical plant and facilities, as specifically provided for in the enabling ordinance or other lawful agreements entered into by the board of supervisors. Any lease agreement between the county and the authority shall provide that county premises shall not be sublet without the approval of the board of supervisors. (6) Notwithstanding any other provision of this chapter, and whether or not accompanied by a change in licensing, the authority’s responsibility for the maintenance, operation, management, or control of the medical center, or any ownership or leasehold interest of the authority in the medical center, does not relieve the county of the ultimate responsibility for indigent care pursuant to Section 17000 of the Welfare and Institutions Code. (7) For purposes of Article 12 (commencing with Section 17612.1) of Chapter 6 of Part 5 of Division 9 of the Welfare and Institutions Code, and the definition set forth in subdivision (f) of Section 17612.2 of the Welfare and Institutions Code, the medical center, excluding components that provide predominately public health services, and the county are affiliated governmental entities. (f) The board of supervisors may contract with the authority for the provision of indigent care services on behalf of the county. The contract shall specify that county policies, as may be modified from time to time and consistent with the county’s obligations under Section 17000 of the Welfare and Institutions Code, shall be applicable. Notwithstanding any other provision of this chapter, the authority shall not undertake any of the county’s obligations under Section 17000 of the Welfare and Institutions Code, nor shall the authority have an entitlement to receive any revenue for the discharge of the county’s obligations, without a written agreement with the county. Any contract executed by and between the county and the authority shall provide for the indemnification of the county by the authority for liabilities as specifically set forth in the contract, except that the contract shall include a provision that the county shall remain liable for its own negligent acts. Indemnification by the authority shall not divest the county from its ultimate responsibility for compliance with Section 17000 of the Welfare and Institutions Code. (g) Unless otherwise agreed to by the authority and the board of supervisors or as otherwise provided by this chapter, an obligation of the authority, statutory, contractual, or otherwise, shall be the obligation solely of the authority and shall not be the obligation of the county or any other entity, and any contract executed by and between the county and the authority, or any other entity and the authority, shall contain a provision that liabilities or obligations of the authority with respect to its activities pursuant to the contract shall be the liabilities or obligations of the authority and shall not be or become the liabilities or obligations of the county or the other entity, respectively. An obligation of the authority, statutory, contractual, or otherwise, shall not be the obligation of the state. (h) The authority shall not be a “person” subject to suit under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code). (i) The authority is not subject to the jurisdiction of a local agency formation commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code), or any successor statute. (j) The authority is a “district” within the meaning set forth in the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code). Employees of the authority are eligible to become members or maintain membership, as applicable, in the Kern County Employees’ Retirement Association, to the extent described in subdivision (g) of Section 101853.1. (k) Any determination with respect to the manner in which the authority qualifies as a governmental plan sponsor under Section 414(d) of the Internal Revenue Code shall be limited to relevant employee benefits purposes of that code only, and shall not change or otherwise modify the authority’s status as a public agency that is a local unit of government for other purposes specified in this chapter. (Amended by Stats. 2015, Ch. 790, Sec. 3. (AB 1350) Effective January 1, 2016.)
  92. 101853.1.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 2. Establishment of the Kern County Hospital Authority [101853 - 101853.1] ( Article 2 added by Stats. 2014, Ch. 613, Sec. 3. )

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    The authority and county must adopt and follow a personnel transition plan that protects employee communication, bargaining representative recognition, benefits, seniority, and retirement-related transition rules.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 2. Establishment of the Kern County Hospital Authority [101853 - 101853.1] ( Article 2 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101853.1. (a) In exercising its powers to employ personnel, the authority shall implement, and the board of supervisors shall adopt, a personnel transition plan. The personnel transition plan shall require all of the following: (1) Ongoing communication to employees and recognized employee organizations regarding the impact of the transition on existing medical center, county, and other health care facility employees and employee classifications. (2) Meeting and conferring with representatives of affected bargaining unit employees on both of the following issues: (A) A timeframe for which the transfer of personnel shall occur. (B) Specified periods of time during which county or medical center employees affected by the establishment of the authority may elect to be considered for appointment and exercise reinstatement rights, if applicable, to funded, equivalent, vacant county positions for which they are qualified and eligible. An employee who first elects to remain with the county may subsequently seek reinstatement with the authority within 30 days of the election to remain with the county and shall be subject to the requirements of this article. (3) Acknowledgment that the authority, to the extent permitted by federal and state law, and consistent with paragraph (3) of subdivision (d), shall be bound by the terms of those memoranda of understanding executed between the county and its exclusive employee representatives that are in effect on the date of the transfer of control of the medical center to the authority. Subsequent memoranda of understanding with exclusive employee representatives shall be subject to approval only by the board of governors. (4) Communication to the Board of Retirement of the Kern County Employees’ Retirement Association or other retirement plan of any personnel transition plan, memoranda of understanding, or other arrangements that are related to the participation of the authority’s employees or the addition of new employees in the retirement plan. (b) Implementation of this chapter shall not be a cause for the modification of the medical center or county employment benefits. Employees of the medical center or county on the date of transfer, who become authority employees, shall retain their existing or equivalent classifications and job descriptions upon transfer to the authority, comparable pension benefits (if permissible pursuant to relevant plan terms), and their existing salaries and other benefits that include, but are not limited to, accrued and unused vacation, sick leave, personal leave, health care, retiree health benefits, and deferred compensation plans. The transfer of an employee from the medical center or county shall not constitute a termination of employment for purposes of Section 227.3 of the Labor Code, or employee benefit plans and arrangements maintained by the medical center or county, except as otherwise provided in the enabling ordinance or personnel transition plan, nor shall it be counted as a break in uninterrupted employment for purposes of Section 31641 of the Government Code with respect to the Kern County Employees’ Retirement Association, or state service for purposes of the Public Employees’ Retirement System (Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code). (c) Subject to applicable state law, the authority shall recognize the exclusive employee representatives of those authority employees who are transferred from the county or medical center to the authority pursuant to this chapter. (d) In order to stabilize labor and employment relations and provide continuity of care and services to the people of the county, and notwithstanding any other law, the authority shall do all of the following for a period of 24 months after the effective date of the transfer of control of the medical center to the authority: (1) Continue to recognize each exclusive employee representative of each bargaining unit. (2) Continue to provide the same level of employee benefits to authority employees, whether the obligation to provide those benefits arises out of a memorandum of understanding, or other agreement or law. (3) Extend and continue to be bound by any existing memoranda of understanding covering the terms and conditions of employment for employees of the authority, including the level of wages and benefits, and any county rules, ordinances, or policies specifically identified and incorporated by reference in a memoranda of understanding for 24 months or through the term of the memorandum of understanding, whichever is longer, unless modified by mutual agreement with each of the exclusive employee representatives. The authority shall continue to provide those pension benefits specified in any memoranda of agreement as long as doing so does not conflict with any Kern County Employees’ Retirement Association plan provisions, or federal or state law including the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code and the federal Internal Revenue Code). If a memoranda of understanding is expired on the date of the transfer of control of the medical center, then the authority shall continue to be bound by the terms and conditions of the most recent memoranda of understanding, unless modified by a mutual agreement with each of the exclusive employee representatives, and the benefits and wages of transferred employees shall be retained consistent with subdivision (b). (4) Meet and confer with the exclusive employee representatives to develop processes and procedures to address employee disciplinary action taken against permanent employees. If the authority terminates, suspends, demotes, or reduces the pay of a permanent employee for disciplinary reasons, those actions shall only be for cause consistent with state law, and an employee shall be afforded applicable due process protections granted to public employees under state law. Permanent employees laid off by the authority within six months of the date of the transfer of control of the medical center shall remain on the county reemployment list for two years. Inclusion on the county reemployment list is not a guarantee of reemployment. For the purposes of this paragraph, the term “permanent employees” excludes probationary employees, temporary employees, seasonal employees, provisional employees, extra help employees, and per diem employees. (5) To the extent layoffs occur, and provided that all other previously agreed upon factors are equal, ensure that seniority shall prevail. The authority shall meet and confer with the exclusive employee representatives to address layoff procedures and the manner in which, and the extent to which, seniority shall be measured for employees who transfer from the medical center or county. (e) Permanent employees of the medical center or county on the effective date of the transfer of control of the medical center to the authority, shall be deemed qualified for employment in equivalent positions at the authority, and no other qualifications shall be required except as otherwise required by state or federal law. Probationary employees on the effective date of the transfer, as set forth in this paragraph, shall retain their probationary status and rights and shall not be required to serve a new probationary period or extend their probationary period by reason of the transfer. To the extent possible, employees who transfer to equivalent positions at the authority shall retain their existing classifications and job descriptions, but if there is a dispute over this issue, the authority agrees to meet and confer with the exclusive employee representatives of the transferred employees. (f) Employees who transfer from the medical center or county to the authority shall retain the seniority they earned at the medical center or county and any benefits or privileges based on the seniority. (g) Notwithstanding any other law, except as provided in subdivision (h), employees of the authority may participate in the Kern County Employees’ Retirement Association, operated pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code) as set forth below. However, the authority and employees of the authority, or certain designated parts thereof, shall not participate in the Kern County Employees’ Retirement Association if the board of retirement, in its sole discretion, determines that their participation could jeopardize the Kern County Employees’ Retirement Association’s tax-qualified or governmental plan status under federal law, or if a contract or related contract amendment proposed by the authority contains any benefit provisions that are not specifically authorized by Chapters 3 (commencing with Section 31450) and 3.9 (commencing with Section 31899) of Part 3 of Division 4 of Title 3 of the Government Code or Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1 of the Government Code, and that the board determines would adversely affect the administration of the system. There shall not be any individual employee elections regarding participation in the Kern County Employees’ Retirement Association or other retirement plans except to the extent such retirement plans provide for elective employee salary deferral contributions in accordance with federal Internal Revenue Code rules. (1) Employees transferred from the county or medical center to the authority who are subject to a memorandum of understanding between the authority and an exclusive employee representative, as described in paragraphs (2) and (3) of subdivision (d), and who were members of the Kern County Employees’ Retirement Association at the time of their transfer of employment, shall continue to be a member of the Kern County Employees’ Retirement Association, retaining service credit earned to the date of transfer, to the extent provided for in the applicable memorandum of understanding. (2) Employees transferred from the county or medical center to the authority who are subject to a memorandum of understanding between the authority and an exclusive employee representative, as described in paragraphs (2) and (3) of subdivision (d), and who were not members of the Kern County Employees’ Retirement Association at the time of their transfer of employment, shall subsequently become a member of the Kern County Employees’ Retirement Association only to the extent provided for in the applicable memorandum of understanding. (3) Employees transferred from the county or medical center to the authority who are not subject to a memorandum of understanding between the authority and an exclusive employee representative, as described in paragraphs (2) and (3) of subdivision (d), and who were members of the Kern County Employees’ Retirement Association at the time of their transfer of employment, shall continue to be a member of the Kern County Employees’ Retirement Association, retaining service credit earned to the date of transfer, as provided in the enabling ordinance or the personnel transition plan. (4) Employees transferred from the county or medical center to the authority who are not subject to a memorandum of understanding between the authority and an exclusive employee representative, as described in paragraphs (2) and (3) of subdivision (d), and who were not members of the Kern County Employees’ Retirement Association at the time of their transfer of employment, shall subsequently become a member of the Kern County Employees’ Retirement Association only to the extent provided in the enabling ordinance or the personnel transition plan. (5) Employees hired by the authority on or after the effective date of the transfer of control of the medical center shall become a member of the Kern County Employees’ Retirement Association only to the extent provided in the enabling ordinance or personnel transition plan described in subdivision (a), or, if subject to a memorandum of understanding between the authority and an exclusive employee representative as described in paragraphs (2) and (3) of subdivision (d), to the extent provided for in the applicable memorandum of understanding. (6) (A) Notwithstanding any other law, for purposes of California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1 of the Government Code), an individual who was employed by the county or the medical center when it was a constituent department of the county, and is a member of the Kern County Employees’ Retirement Association or the Public Employees’ Retirement System, as set forth in Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code or a member prior to January 1, 2013, and who transfers, directly or after a break in service of less than six months, to the authority, in which the individual continues to be a member of either the Kern County Employees’ Retirement Association or the Public Employees’ Retirement System, as applicable, shall not be deemed to be a new employee or a new member within the meaning of Section 7522.04 of the Government Code, and shall continue to be subject, immediately after the transfer, to the same defined benefit formula, as defined in Section 7522.04 of the Government Code, and plan of replacement benefits offered by the county pursuant to Section 31899.4 of the Government Code and the Kern County Replacement Benefits Plan for retirement benefits limited by Section 415 of Title 26 of the United States Code. (B) For purposes of subdivision (c) of Section 7522.43 of the Government Code, the authority shall be treated as a public employer that offered a plan of replacement benefits prior to January 1, 2013. The county’s plan of replacement benefits that was in effect prior to January 1, 2013, is deemed to also be the authority’s replacement plan for the sole purpose of allowing the authority to continue to offer the plan of replacement benefits, immediately after the transfer, for Kern County Employees’ Retirement Association members who meet both of the following requirements, and the qualifying survivors or beneficiaries of those members: (i) The employee was employed as of January 1, 2013, by the county or the medical center when it was a constituent department of the county. (ii) The employee is part of a member group to which the county offered a plan of replacement benefits prior to January 1, 2013. (7) (A) Notwithstanding any other law, legacy employees shall be deemed to be county employees for purposes of participation in a benefit plan administered by the Kern County Employees’ Retirement Association, but only for that purpose, and shall not be employees of the county for any other purpose. Upon the transfer of control of the medical center and thereafter, the county shall include legacy employees in a special county employee group for which the county has primary financial responsibility to fund all employer contributions that, together with contributions by employees and earnings thereon, are necessary to fund all benefits for legacy employees administered by the Kern County Employees’ Retirement Association, notwithstanding the fact that, following the transfer of control of the medical center, the authority shall commence making periodic employer contributions for legacy employees. In the event the authority fails to make required employer contributions for legacy employees when due and after demand from the Kern County Employees’ Retirement Association, the county, after receipt of notice and demand from the Kern County Employees’ Retirement Association, shall be obligated to make those contributions in place of the authority. (B) The authority shall be primarily responsible for any employer contributions that, together with contributions by employees and earnings thereon, are necessary to fund all benefits for new employees. In the event the authority fails to make required contributions for new employees, the county shall be obligated to make the required contributions after receipt of notice and demand from the Kern County Employees’ Retirement Association. The county shall maintain this obligation for new employees until the authority demonstrates, and the Kern County Employees’ Retirement Association’s Board of Retirement determines, that the authority is sufficiently capable financially to fully assume the obligation to make all employer contributions for new employees, based upon the standard of financial capability approved by the Kern County Employees’ Retirement Association and the county in a plan of participation, and incorporated within a written agreement between the county and the authority. In the event the authority fails to make required contributions for any new employees due to the authority’s dissolution or bankruptcy, the county shall be obligated to make the required contributions after receipt of notice and demand from the Kern County Employees’ Retirement Association. (h) Subject to the provisions of subdivision (g) granting the Board of Retirement of the Kern County Employees’ Retirement Association the sole discretion to exclude the authority or employees of the authority from the Kern County Employees’ Retirement Association if the board determines that their participation could jeopardize the association’s tax-qualified or governmental plan status under federal law, an employee hired by the authority on or after the operative date of the act adding this subdivision shall be a member of the Kern County Employees’ Retirement Association, except as modified in an applicable memorandum of understanding. (i) This chapter does not prohibit the authority from contracting with the Public Employees’ Retirement System, in accordance with the requirements of Section 20508 and any other applicable provisions of Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, for the purpose of providing employee participation in that system, or from establishing an alternative or supplemental retirement system or arrangement, including, but not limited to, deferred compensation arrangements, to the extent permitted by law and subject to any applicable agreement between the authority and the exclusive employee representatives, and as provided in the enabling ordinance or the personnel transition plan. Notwithstanding any other law, the authority and employees of the authority shall not participate in the Public Employees’ Retirement System if the Board of Administration of the Public Employees’ Retirement System, in its sole discretion, determines that their participation could jeopardize the Public Employees’ Retirement System’s tax-qualified or governmental plan status under federal law, or if a contract or related contract amendment proposed by the authority contains any benefit provisions that are not specifically authorized by Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, and that the board determines would adversely affect the administration of the system. (j) Provided that this is not inconsistent with anything in this chapter, this chapter does not prohibit the authority from determining the number of employees, the number of full-time equivalent positions, job descriptions, the nature and extent of classified employment positions, and salaries of employees. (Amended by Stats. 2018, Ch. 405, Sec. 7. (SB 846) Effective September 14, 2018.)
  93. 101854.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 3. Board of Governors [101854- 101854.] ( Article 3 added by Stats. 2014, Ch. 613, Sec. 3. )

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    The board of supervisors controls the board of governors by ordinance and bylaws, and the board of governors has limited liability protections in certain contract situations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 3. Board of Governors [101854- 101854.] ( Article 3 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101854. (a) The authority established pursuant to this chapter shall be governed by a board of governors that is appointed, both initially and continually, by the board of supervisors. The board of supervisors, in the enabling ordinance, shall specify the number of members and the composition of membership of the board of governors, the qualifications for individual members, the manner of appointment, selection, or removal of board of governors members, their terms of office, and all other matters that the board of supervisors deems necessary or convenient for the conduct of the board of governors. Notwithstanding any other law, at the board of supervisors’ discretion and as specified in the enabling ordinance, the board of governors may consist entirely of members of the board of supervisors or may include any number of the members of the board of supervisors or county officers or employees appointed to represent the interest of the county. (b) The board of supervisors, either during or after the formation of the authority, may modify the number, length of terms, qualifications, method of appointment, and provisions for all other matters pertaining to the board of governors by subsequent ordinance. (c) The board of supervisors shall adopt bylaws for the authority that, among other things, shall specify the officers of the board of governors, the time, place, and conduct of meetings, and other matters that the board of supervisors deems necessary or appropriate to conduct the authority’s activities. The bylaws shall be operative upon approval by a majority vote of the board of supervisors, but may be amended, from time to time, by a majority vote of the board of supervisors. (d) Notwithstanding any other law, a member of the board of governors shall not be deemed to be interested in a contract entered into by the authority within the meaning of Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code if either of the following apply: (1) The contract is between the authority and the county or an agency of the county, and the member is also a member of the board of supervisors, or is a county officer or employee appointed to represent the interests of the county. (2) All the following applies to the member: (A) The member was appointed to represent the interests of physicians, health care practitioners, hospitals, pharmacies, or other health care organizations, or beneficiaries. (B) The contract authorizes the member or the organization the member represents to provide services to beneficiaries under the authority’s programs. (C) The contract contains substantially the same terms and conditions as contracts entered into with other individuals or organizations that the member was appointed to represent. (D) The member does not influence or attempt to influence the hospital authority or another member of the authority to enter into the contract in which the member is interested. (E) The member discloses the interest to the authority and abstains from voting on the contract. (F) The board of governors notes the member’s disclosure and abstention in its official records and authorizes the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote of the interested member. (e) Members of the board of governors shall not be vicariously liable for injuries caused by the act or omission of the authority to the extent that protection applies to members of governing boards of local public entities generally under Section 820.9 of the Government Code. (f) The board of governors created and appointed pursuant to this chapter is a duly constituted governing body as the term is used in Section 1250 and defined in Section 70035 of Title 22 of the California Code of Regulations. (g) In the event of a change of license ownership, the board of governors shall comply with the obligations of governing bodies of general acute care hospitals generally as set forth in Section 70701 of Title 22 of the California Code of Regulations, as currently written or subsequently amended, as well as the terms and conditions of the license. The authority shall be the responsible party with respect to compliance with these obligations, terms, and conditions. (Added by Stats. 2014, Ch. 613, Sec. 3. (AB 2546) Effective January 1, 2015.)
  94. 101855.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Authority [101855 - 101855.4] ( Article 4 added by Stats. 2014, Ch. 613, Sec. 3. )

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    This section gives the Kern County Hospital Authority broad operating powers and sets out required governance, recordkeeping, reporting, and confidentiality rules.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Authority [101855 - 101855.4] ( Article 4 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101855. (a) Subject to any terms, conditions, and limitations as may be imposed by the enabling ordinance, the authority, in addition to any other powers granted pursuant to this chapter, shall have the following powers: (1) To have the duties, privileges, immunities, rights, liabilities, and limitations of a local unit of government within the state. (2) To have perpetual existence, subject to Article 5 (commencing with Section 101856). (3) To adopt, have, and use a seal, and to alter it at its pleasure. (4) To sue and be sued in the name of the authority in all actions and proceedings in all courts and tribunals of competent jurisdiction. (5) To purchase, lease, trade, exchange, or otherwise acquire, maintain, hold, improve, mortgage, lease, sell, and dispose of real and personal property of any kind necessary or convenient to perform its functions and fully exercise its powers. (6) To appoint and employ or otherwise engage a chief executive officer and other officers and employees that may be necessary or appropriate, including legal counsel, to establish their compensation, provide for their health, retirement, and other employment benefits, and to define the power and duties of officers and employees. (7) (A) To incur indebtedness and to borrow money and issue bonds evidencing the same, including the authority to issue, from time to time, notes and revenue bonds in principal amounts that the authority determines to be necessary to provide sufficient funds for achieving any of its purposes, including, but not limited to, assumption or refinancing of debt service for capital projects eligible for Medi-Cal supplemental payments pursuant to Section 14085.5 of the Welfare and Institutions Code, or any successor or modified Medi-Cal debt service reimbursement program, the payment of principal and interest on notes and bonds of the authority, the establishment of reserves to secure those notes and bonds, and all other expenditures of the authority incident to and necessary or convenient to carry out its purposes and powers. (B) Any notes, bonds, or other securities issued, and the income from them, including any profit from the sale thereof, shall at all times be free from taxation by the state or any agency, political subdivision, or instrumentality of the state. (C) Notwithstanding the provisions of subparagraph (A), for any indebtedness, notes, bonds, or other securities that require voter approval pursuant to state law, the prior approval of the board of supervisors shall be required. Notwithstanding the required prior approval of the board of supervisors and except as otherwise provided in this chapter, any indebtedness incurred, or notes, bonds, or other securities issued pursuant to this subparagraph shall be the indebtedness, notes, bonds, or securities of the authority and not of the county, and the credit of the county shall not be pledged or relied upon in any manner in order to incur the indebtedness, or issue the notes, bonds, or other securities, unless the board of supervisors explicitly authorizes the use of the county’s credit. The authority shall reimburse the county for all costs associated with the county’s consideration of the indebtedness, notes, bonds, or securities, and the authority shall defend, indemnify, and hold harmless the county from any and all liability, costs, or expenses arising from or related to the indebtedness, notes, bonds, or securities. (D) Nothing in this section shall preclude the authority from repayment of its debts or other liabilities, using funds that are not otherwise encumbered. (8) To pursue its own credit rating. (9) To enter into one or more contracts or agreements consistent with this chapter and other applicable laws of this state, including, but not limited to, contracting with any public or private entity or person for management or other services and personnel, and to authorize the chief executive officer to enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this chapter. (10) To purchase supplies, equipment, materials, property, and services. (11) To establish policies relating to its purposes. (12) To acquire or contract to acquire, rights-of-way, easements, privileges, and property, and to construct, equip, maintain, and operate any and all works or improvements wherever located that are necessary, convenient, or proper to carry out any of the provisions, objects, or purposes of this chapter, and to complete, extend, add to, repair, or otherwise improve any works or improvements acquired by it. (13) To participate in, contract for, and to accept, gifts, grants, and loans of funds, property, or other aid or finance opportunity in any form from the federal government, the state, a state agency, or other source, or combination thereof, as otherwise would be available to a public, government, or private entity, and to comply, subject to this chapter, with the terms and conditions thereof. (14) If not otherwise required pursuant to the enabling ordinance to deposit its funds in the county treasury, the authority may establish its own treasury, invest surplus money in its own treasury, manage investments, and engage third-party investment managers, in accordance with state law. (15) To arrange for guarantees or insurance of its bonds, notes, or other obligations by the federal or state government or by a private insurer, and to pay the premiums thereof. (16) To engage in managed care contracting, joint ventures, affiliations with other health care facilities, other health care providers and payers, management agreements, or to participate in alliances, purchasing consortia, health insurance pools, accountable care organizations, alternative delivery systems, or other cooperative arrangements, with any public or private entity. (17) To enter into joint powers agreements pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. Notwithstanding any other law, the authority may enter into a joint powers agreement as described in Section 6523.5 of the Government Code as though that section applied to hospitals and other health care facilities in the County of Kern. (18) To establish nonprofit, for-profit, or other entities necessary to carry out the duties of the authority. (19) To elect to transfer funds to the state and incur certified public expenditures in support of the Medi-Cal program and other programs for which federal financial participation is available. (20) To use a computerized management information system, including an electronic health records system, in connection with its operations, including, without limitation, the administration of its facilities. (21) To request that the board of supervisors levy a tax on behalf of the authority. If the board of supervisors approves the proposal to levy the tax, it shall call the election to seek voter approval and place the appropriate measure on the ballot for that election. The proceeds of these taxes shall be tax proceeds of the authority and not of the county. The authority shall reimburse the county for all costs associated with the county’s consideration of those taxes, and shall defend, indemnify, and hold harmless the county from any liability, costs, or expenses arising from or related to the imposition of these taxes. (22) Notwithstanding the provisions of this chapter relating to the obligations and liabilities of the authority, or any other law, the authority shall have the same rights, privileges, exemptions, preferences, and authority of a county with respect to owning, operating, and providing coverage and services through hospitals, clinics and other health facilities, health programs, care organizations, physicians and physician practice plans, delivery systems, health care service plans, and other provider types and coverage mechanisms. (23) To engage in other activities that may be in the best interests of the authority and the persons served by the authority, as determined by the board of governors, in order to respond to changes in the health care industry. (b) The authority shall conform to the following requirements: (1) (A) Be a government agency that is a local unit of government separate and apart for all purposes from the county and any other public entity, and shall not be considered to be an agency, division, or department of the county or any other public entity. The authority shall not be governed by or subject to the civil service requirements of the county. Notwithstanding any other law, except as otherwise provided for in the enabling ordinance enacted pursuant to this chapter, and as set forth in Section 101853.1 relating to the personnel transition plan, the authority shall not be governed by, or subject to, other policies or operational rules applicable to the county, the medical center prior to its transfer, or any other public entity, including, but not limited to, those relating to personnel and procurement. (B) The board of governors shall adopt written rules, regulations, and procedures with regard to basic human resource functions not inconsistent with memoranda of understanding covering employees represented by employee organizations or the provisions of this chapter. Until the time that the board of governors adopts its own rules, regulations, or procedures with regard to these functions, the existing rules, regulations, and procedures set forth in any memoranda of understanding described in Section 101853.1, and the rules and regulations adopted by the county and described in paragraph (4), shall continue to apply. (2) Be subject to state and federal taxation laws that are applicable to public entities generally. (3) Except as otherwise specifically provided in this chapter, comply with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code), the Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (4) Be subject to the jurisdiction of the Public Employment Relations Board. Until the authority adopts rules and regulations pursuant to subdivision (a) of Section 3507 of the Government Code, the existing rules adopted by the county and contained in the county’s employer-employee relations resolution, as amended, shall apply, modified to account for the creation of the authority, and provided further that the resolution shall not contain any incorporation of the county’s civil service rules or county ordinances unless specifically addressed in this chapter. (5) Carry professional and general liability insurance or programs to the extent sufficient to cover its activities. (6) Comply with the requirements of Sections 53260 and 53261 of the Government Code. (7) Maintain financial and accounting records. (8) Meet all local, state, and federal data reporting requirements. (c) (1) Subject to any restrictions applicable to public agencies, and subject to any limitations or conditions set forth in the enabling ordinance adopted by the board of supervisors, the authority may borrow money from the county, repay debt it owes to the county, and use the borrowed funds to provide for its operating and capital needs. The county may lend the authority funds and may issue debt instruments, including, without limitation, revenue anticipation notes to obtain funds to provide, by loan or otherwise, amounts necessary for the authority to meet its operating and capital needs. (2) Notwithstanding paragraph (1), nothing in this chapter shall be construed to limit the borrowing powers the county otherwise has under law for the purposes specified in paragraph (1) or any other purposes. (d) Open sessions of the authority shall constitute official proceedings authorized by law within the meaning of Section 47 of the Civil Code. The privileges set forth in that section with respect to official proceedings shall apply to open sessions of the authority. (e) (1) Notwithstanding any other law, the board of governors or board of supervisors, as applicable, may order that a meeting held solely for the purpose of discussion or taking action on authority trade secrets, as defined in subdivision (d) of Section 3426.1 of the Civil Code, or to consider and take action on matters pertaining to contracts and contract negotiations concerning all matters related to rates of payment for health care services arranged or provided by the authority, shall be held in closed session. Trade secrets for purposes of this chapter shall also include information for which the secrecy of the information is necessary for the authority to initiate a new service, program, marketing strategy, business plan, or technology, or to add a benefit or product, and premature disclosure of the trade secret would create a substantial probability of depriving the authority of a substantial economic benefit or opportunity. (2) The requirements of making a public report of actions taken in closed session and the vote or abstention of every member present may be limited to a brief general description devoid of the information constituting the trade secret or concerning the matters related to rates of payment. (3) Those records of the authority or board of supervisors, as applicable, that reveal the authority’s trade secrets are exempt from disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), or any similar local law requiring the disclosure of public records. This exemption shall apply for a period of two years after the service, program, marketing strategy, business plan, technology, benefit, or product that is the subject of the trade secret is formally adopted by the governing body of the authority, provided that the service, program, marketing strategy, business plan, technology, benefit, or product continues to be a trade secret. The board of governors or board of supervisors, as applicable, may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session that are provided to persons who have made the timely or standing request. (4) This chapter shall not prevent the board of governors or board of supervisors, as applicable, from meeting in closed session as otherwise provided by law. (f) Notwithstanding any other law, those records of the authority and of the county that reveal the authority’s rates of payment for health care services arranged or provided by the authority or its deliberative processes, strategies, discussions, communications, or any other portion of the negotiations with providers of health care services or Medi-Cal, health care plans, or other payers for rates of payment, shall not be required to be disclosed pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), or any similar local law requiring the disclosure of public records. However, three years after a contract or amendment to a contract is fully executed, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (g) The authority shall be a public agency that is a local unit of government for purposes of eligibility with respect to grants and other funding and loan guarantee programs. Contributions to the authority shall be tax deductible to the extent permitted by state and federal law. Nonproprietary income of the authority shall be exempt from state income taxation. (h) Unless otherwise provided by the board of supervisors by way of resolution, the authority is empowered, or the board of supervisors is empowered on behalf of the authority, to apply as a public agency for one or more licenses for the provision of health care or the operation of a health care service plan pursuant to statutes and regulations governing licensing as currently written or subsequently amended. (i) The statutory authority of a board of supervisors to prescribe rules that authorize a county hospital to integrate its services with those of other providers into a system of community service that offers free choice of hospitals to those requiring hospital care, as set forth in Section 14000.2 of the Welfare and Institutions Code, shall apply to the authority and the board of governors. (j) (1) Except as otherwise provided in this chapter, provisions of the Evidence Code, the Government Code, including the Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), the Civil Code, the Business and Professions Code, and other applicable law pertaining to the confidentiality of peer review activities of peer review bodies shall apply to the peer review activities of the authority, or any peer review body, as defined in paragraph (1) of subdivision (a) of Section 805 of the Business and Professions Code, formed pursuant to the powers granted to the authority. The laws pertaining to the confidentiality of peer review activities shall be together construed as extending, to the extent permitted by law, the maximum degree of protection of confidentiality. (2) Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, and Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, the Government Code, or any other provision of law, any peer review body formed pursuant to the powers granted to the authority, may, at its discretion and without notice to the public, meet in closed session, so long as the purpose of the meeting is the peer review body’s discharge of its responsibility to evaluate and improve the quality of care rendered by health facilities and health practitioners. The peer review body and its members shall receive, to the fullest extent, all immunities, privileges, and protections available to those peer review bodies, their individual members, and persons or entities assisting in the peer review process, including those afforded by Section 1157 of the Evidence Code and Section 1370. Peer review proceedings shall constitute an official proceeding authorized by law within the meaning of Section 47 of the Civil Code and those privileges set forth in that section with respect to official proceedings shall apply to peer review proceedings of the authority. (3) Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), or Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, and Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, the Government Code, or any other provision of state or local law requiring disclosure of public records, those records of a peer review body formed pursuant to the powers granted to the authority, shall not be required to be disclosed. The records and proceedings of the peer review body and its individual members shall receive, to the fullest extent, all immunities, privileges, and protections available to those records and proceedings, including those afforded by Section 1157 of the Evidence Code and Section 1370 of the Health and Safety Code. (4) If the authority is required by law or contractual obligation to submit to the state or federal government peer review information or information relevant to the credentialing of a participating provider, that submission shall not constitute a waiver of confidentiality. (5) Notwithstanding any other law, Section 1461 shall apply to hearings on reports of hospital medical audit or quality assurance committees. (k) Except as expressly provided by other provisions of this section, all exemptions and exclusions from disclosure as public records pursuant to this chapter and the California Public Records Act, including, but not limited to, those pertaining to trade secrets and information withheld in the public interest, shall be fully applicable to the authority, and for the board of supervisors, and all state and local agencies with respect to all writings that the authority is required to prepare, produce, or submit, and which shall not constitute a waiver of exemption from disclosure. (l) The authority and the county, or any combination thereof, may engage in marketing, advertising, and promotion of the medical and health care services made available to the community by the authority. (m) (1) The board of supervisors may contract for services or purchase items on behalf of the authority. (2) Unless otherwise provided for, and subject to the limitations and conditions set forth in the enabling ordinance, the board of governors shall have authority over procurement and contracts for the authority and shall adopt written rules, regulations, and procedures with regard to these functions. The authority’s ability to contract for personnel or other services and items it deems necessary, appropriate, or convenient for the conduct of its activities consistent with its purposes shall only be limited by the provisions in this chapter and obligations under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code). (3) Contracts by and between the authority and a public agency, and contracts by and between the authority and providers of health care, goods, or services, may be let on a nonbid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (n) The authority may contract with the county for services and personnel upon mutually agreeable terms. (o) Notwithstanding Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1 of the Government Code, related to incompatible activities, Section 1099 of the Government Code, related to incompatible offices, or any other law, a member of the authority’s administrative staff shall not be considered to hold an incompatible office or to be engaged in activities inconsistent and incompatible with the member’s duties as a result of the member’s employment or affiliation with the county or an agency of the county. (p) The board of governors and the officers and employees of the authority are public employees for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, relating to claims and actions against public entities and public employees, and shall be protected by the immunities applicable to public entities and public employees governed by Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code, except as provided by other statutes or regulations that apply expressly to the authority. (Amended by Stats. 2021, Ch. 615, Sec. 271. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  95. 101855.1.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Authority [101855 - 101855.4] ( Article 4 added by Stats. 2014, Ch. 613, Sec. 3. )

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    After a medical center transfer, the authority may participate in and receive certain public health care funds and related payments, subject to county consent where stated and applicable requirements.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Authority [101855 - 101855.4] ( Article 4 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101855.1. (a) Transfer of control of the medical center, whether or not the transfer includes the surrendering by the county of the existing general acute care hospital license and corresponding application for a change of ownership of the license, shall not affect the eligibility of the county to undertake, and shall authorize the authority, subject to applicable requirements, to do any of the following: (1) With the written consent of the county, participate in and receive allocations pursuant to the California Health Care for Indigents Program pursuant to Chapter 5 (commencing with Section 16940) of Part 4.7 of Division 9 of the Welfare and Institutions Code, or similar programs, as may be identified or earmarked by the county in support of uncompensated services of the type provided by the medical center. (2) With the written consent of the county, participate in and receive allocations of local revenue fund amounts provided pursuant to Chapter 6 (commencing with Section 17600) of Part 5 of Division 9 of the Welfare and Institutions Code as may be identified or earmarked by the county in support of health care services of the type provided by the medical center to low-income individuals. (3) Participate in the financing of, as applicable, and receive, Medicaid disproportionate share hospital payments available to a county hospital or designated public hospital, or any other successor or modified payment or funding that is intended to assist hospitals that serve a disproportionate share of low-income patients with special needs. The allocation of Medicaid disproportionate share hospital payments shall be made in consultation with the State Department of Health Care Services and other designated safety net hospitals. (4) Participate in the financing of, as applicable, and receive, Medi-Cal payments and supplemental reimbursements, including, but not limited to, payments made pursuant to Sections 14105.96, 14105.965, 14166.4, 14182.15, and 14199.2 of the Welfare and Institutions Code, payments described in paragraph (4) of subdivision (b) of Section 14301.4 of, and Section 14301.5 of, the Welfare and Institutions Code, and payments made available to a county provider or designated public hospital, or governmental entity with which it is affiliated, under any other successor or modified Medicaid payment system. (5) Participate in the financing of, as applicable, and receive, safety net care pool funding, stabilization funding, delivery system reform incentive pool payments, and any other funding available to a county provider or designated public hospital, or governmental entities with which it is affiliated under the Medicaid demonstration project authorized pursuant to Article 5.2 (commencing with Section 14166) and Article 5.4 (commencing with Section 14180) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, or under any other successor or modified Medicaid demonstration project or Medicaid payment system. The allocation of safety net care pool funds shall be made in consultation with the State Department of Health Care Services and other designated safety net hospitals. (6) Participate in the financing, administration, and provision of services under the Low Income Health Program authorized pursuant to Part 3.6 (commencing with Section 15909) of Division 9 of the Welfare and Institutions Code, or under any other successor or modified Medicaid demonstration project or Medicaid payment system if the authority enters into an agreement with the county concerning the provision of services by, and payment for these services to, the county. (7) Participate in and receive direct grant and payment allocations pursuant to Article 5.230 (commencing with Section 14169.50) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, or under any other successor or modified direct grant and payment systems funded by hospital or other provider fee assessments. (8) Receive Medi-Cal capital supplements pursuant to Section 14085.5 of the Welfare and Institutions Code, or any other successor or modified Medi-Cal debt service reimbursement program. Notwithstanding any other law, supplemental payments shall be made to the medical center under those programs for the debt service costs incurred by the county, and, if applicable, by the authority to the extent that debt service responsibility is refinanced, transferred to, or otherwise assumed by, directly or indirectly, the authority. (9) Receive any other funds, or preference in the assignment of health care plan enrollees, that would otherwise be available to a county health plan, provider, or designated public hospital, or governmental entity with which it is affiliated. (b) The transfer of control of the medical center to the authority pursuant to this chapter shall not otherwise disqualify the county or the authority from participating in any of the following: (1) Local, state, and federal funding sources either specific to county or other publicly owned or operated health care service plans, hospitals, or other health care providers, including, but not limited to, ambulatory care clinics, health systems, practices, designated public hospitals, or governmental entities with which they are affiliated, for which there are special provisions specific to those plans, hospitals, ambulatory care clinics, health systems, practices, other health care providers or governmental entities with which they are affiliated. (2) All funding programs in which the county, by itself or on behalf of the medical center had participated prior to the creation of the authority, or would otherwise be qualified to participate in had the authority not been created, and the maintenance, operation, management, control, ownership, or lease of the medical center not been transferred to the authority pursuant to this chapter. (Amended by Stats. 2015, Ch. 790, Sec. 6. (AB 1350) Effective January 1, 2016.)
  96. 101855.3.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Authority [101855 - 101855.4] ( Article 4 added by Stats. 2014, Ch. 613, Sec. 3. )

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    The Kern Medical Center Foundation must follow the California Public Records Act the same way the authority does.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Authority [101855 - 101855.4] ( Article 4 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101855.3. In addition to the requirements of any other applicable law, the Kern Medical Center Foundation shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in the same manner as the authority. (Added by Stats. 2024, Ch. 676, Sec. 1. (AB 892) Effective January 1, 2025.)
  97. 101855.4.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Authority [101855 - 101855.4] ( Article 4 added by Stats. 2014, Ch. 613, Sec. 3. )

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    The authority and the Kern Medical Center Foundation must keep accounting records and report accounting transactions using the specified accounting standards, and the authority must arrange yearly audits and publish audit reports on its website.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 4. Powers and Duties of the Authority [101855 - 101855.4] ( Article 4 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101855.4. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation. (b) The Kern Medical Center Foundation shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles published and maintained by the Financial Accounting Standards Board. (c) At least once every 12 months, the authority shall engage the services of a qualified accountant of accepted reputation to conduct a financial audit of the accounts and records of both the authority and the Kern Medical Center Foundation, and the authority shall prepare a report of the audit. Any financial audit conducted pursuant to this subdivision shall conform to generally accepted government auditing standards and shall follow principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation. The authority shall make copies of the audit reports available to the public on the authority’s internet website. (Added by Stats. 2024, Ch. 676, Sec. 2. (AB 892) Effective January 1, 2025.)
  98. 101856.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 5. Dissolution of the Authority [101856- 101856.] ( Article 5 added by Stats. 2014, Ch. 613, Sec. 3. )

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    The board of supervisors may decide the authority should cease, then must arrange how its assets, obligations, and liabilities will be handled and give 30 days’ notice to the State Department of Health Care Services before dissolution takes effect.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 5.5. Kern County Hospital Authority Act [101852 - 101856] ( Chapter 5.5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## ARTICLE 5. Dissolution of the Authority [101856- 101856.] ( Article 5 added by Stats. 2014, Ch. 613, Sec. 3. ) ## 101856. (a) The board of supervisors may find and declare that the authority shall cease to exist. In that event, the board of supervisors shall provide for the disposition of the authority’s assets, obligations, and liabilities, which may include the transfer to the county of the medical center and other operations, or specified components of the medical center and other operations, through ordinance, resolution, or other action. Alternatively, the board of supervisors may order the board of governors to develop a plan of dissolution providing for the disposition of all of the assets and liabilities of the authority, which shall be subject to approval by the board of supervisors. Absent written agreement, or as otherwise provided in this chapter, the county shall not be obligated under any law to assume the authority’s obligations or liabilities, or take title to, or custody or control of, the authority’s assets. (b) Upon the disposition of the liabilities of the authority and distribution of any remaining assets, as applicable, the board of supervisors shall rescind the ordinance that established the authority, and the authority shall cease to exist. The board of supervisors shall notify the State Department of Health Care Services 30 days prior to the effective date of the dissolution, and include in the notice whether the county intends for either or both, or specified components of, the medical center or other operations to be transferred to the county upon the effective date of dissolution of the authority. (Amended by Stats. 2015, Ch. 790, Sec. 7. (AB 1350) Effective January 1, 2016.)
  99. 101860.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 1. Applicability and Purpose [101860 - 101860.5] ( Article 1 added by Stats. 1997, Ch. 927, Sec. 2. )

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    A corporation receiving hospital-operation assets from a state agency must comply with this chapter if the assets are worth at least $50 million.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 1. Applicability and Purpose [101860 - 101860.5] ( Article 1 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101860. If any state agency, including a constitutional corporation, transfers to a private corporation assets for the operation of a hospital by that corporation and the value of the assets is not less than fifty million dollars ($50,000,000), the corporation shall be subject to the provisions of this chapter. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  100. 101860.5.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 1. Applicability and Purpose [101860 - 101860.5] ( Article 1 added by Stats. 1997, Ch. 927, Sec. 2. )

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    For this chapter, a corporation’s primary public benefit purpose is whatever its articles of incorporation or bylaws say it is.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 1. Applicability and Purpose [101860 - 101860.5] ( Article 1 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101860.5. For the purposes of this chapter, the primary public benefit purpose of the corporation is as stated in its articles of incorporation or bylaws of the corporation. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  101. 101861.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. )

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    The corporation’s meetings must be open and public, and everyone must be allowed to attend unless this article provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101861. Meetings of the corporation shall be open and public, and all persons shall be permitted to attend, except as otherwise provided in this article. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  102. 101862.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    This section defines “action taken” and “meeting” for the article, and says actions must be taken by rollcall vote.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101862. (a) As used in this article, “action taken” means a collective decision made at a meeting, including a decision upon a motion or resolution. Actions shall be taken by rollcall vote. (b) For the purposes of this article, “meeting” means any meeting of a majority of the board of directors of the corporation and meetings of any committee exercising final decisionmaking authority delegated by the board, which committee was created by board action appointing the members of the committee. A meeting does not include a mere congregation of a majority of the directors or of a committee for purposes other than consideration of the business of the corporation or within the subject matter jurisdiction of the committee, provided no business of the corporation is discussed. A meeting does not include any of the circumstances described in subdivision (c) of Section 54952.2 of the Government Code. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  103. 101863.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    Meeting agendas must be posted at least 72 hours in advance, meetings must be publicly accessible, and the board may adopt reasonable anti-disruption rules.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101863. (a) Agendas of the meetings shall be posted not less than 72 hours in advance of the meetings in a place freely accessible to the public. Agendas of meetings and any other writings, when distributed to all, or a majority of all, of the directors or committee members for consideration during an open session of a meeting, and which writings would otherwise be subject to disclosure pursuant to Article 4 (commencing with Section 101870), shall be made reasonably available at the meetings, or as soon thereafter as practicable upon request. However, this shall not include any writing exempt from disclosure under Article 4 (commencing with Section 101870). The agenda shall indicate the time and place of the meeting and contain a brief, general description of each item of business to be considered or acted upon at the meeting, including items to be discussed in closed session. A description generally need not exceed 20 words. Items of business not included in the posted agenda shall not be considered at a meeting; except that an item may be added to the agenda upon a determination by a two-thirds vote, or if less than two-thirds of the directors or committee members are present, an unanimous vote of those present, that there is a need to take immediate action and that the need for action came to the attention of the corporation after the agenda was posted. (b) Agendas shall include opportunity for public comment on any item on the agenda at the meeting, subject to fair and reasonable standards determined by the board of directors to ensure that the intent of this article is carried out. (c) Meetings shall be held at a location accessible to the public. Meetings may be held by teleconference or video teleconference, provided that during the public portions of each teleconferenced meeting, the proceedings shall be audible to the public at the locations specified in the notice of the meeting, and all votes taken shall be by rollcall. When meeting by teleconference or video teleconference, at least one of the locations specified in the notice shall be a principal place of business of the corporation, including a hospital or related facility. The board of directors may adopt reasonable rules to prevent disruption of the meetings by any person. (d) In the case of an emergency situation involving matters upon which prompt action is necessary due to a disruption or threatened disruption of the business of the corporation, an emergency meeting may be called with less than 72 hours notice. In that event, newspapers of general circulation and radio or television stations that have previously requested, in writing, notices of meetings shall be notified, if practicable, at least one hour prior to the emergency meeting. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  104. 101864.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    The corporation may hold closed meetings for listed matters, but must hold an open session at least 10 days before certain large property transactions so the public can comment.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101864. Closed sessions of meetings may be conducted to consider, discuss, and act upon matters relating to any of the following: (a) Collective bargaining or contract negotiations with represented and unrepresented employees, including discussion of the corporation’s available funds and funding priorities, but only insofar as the discussion relates to the corporation’s ability to conclude the collective bargaining agreement or contract under discussion. For the purposes of this subdivision, “employee” shall include an officer, an independent contractor who functions as an officer or an employee, a physician and surgeon or other professional with medical staff privileges at a health facility or clinic operated by the corporation, or other person exercising professional responsibilities as authorized by the corporation at a health facility or clinic operated by the corporation, but shall not include other independent contractors. (b) The purchase or sale of securities or other investments, including investments of the corporation in endowment and pension funds. (c) Gifts, devises, bequests, and grants. (d) Reports of a hospital or medical audit committee or a quality assurance committee or similar reports by staff of the corporation, accreditation reports, audits, audit compliance, licensure compliance, insurance and self-insurance coverage, health care peer review reports, and quality assessments, including, but not limited to, a review of the credentials of, or the quality of care rendered by, health care providers in the facilities of the corporation, or hearings regarding the privileges of medical staff and allied health professionals. (e) National security. (f) Acquisition, disposition, or lease of property. However, notwithstanding any other provision of this article, no less than 10 days prior to any action on any transaction involving the acquisition, disposition, or lease of real property having a fair market value of five million dollars ($5,000,000) or more or personal property having a fair market value of ten million dollars ($10,000,000) or more that is owned by a state agency, including a constitutional corporation, the corporation shall hold an open session at which the public shall have an opportunity to comment on the proposed transaction. (g) Pending litigation, including any adjudicatory proceeding before a court, administrative body, hearing officer, arbitrator, mediator, or other formal dispute resolution mechanism. For the purposes of this subdivision “pending” means that, based on advice of the corporation’s legal counsel, there are facts and circumstances within the contemplation of the corporation that may result or has resulted in proceedings against or by the corporation, whether or not known to a potential plaintiff or plaintiffs or to a potential defendant or defendants. (h) Evaluation, appointment, employment, performance, compensation, or dismissal of officers or employees of the corporation or its medical or professional staff, including internal adjudicatory proceedings, complaints, charges, investigations, and hearings. For the purposes of this subdivision, the term “employee” shall include an officer, an independent contractor who functions as an officer or performs functions traditionally performed by an employee, a physician and surgeon or other professional with medical staff privileges at a health facility or clinic operated by the corporation, or other person exercising professional responsibilities as authorized by the corporation at a health facility or clinic operated by the corporation, but shall not include any member of the board of directors, as such, or other independent contractors. The term “employee” shall also include a chief executive officer or other employee of the corporation who is an ex-officio member of the board of directors. (i) Consideration of the appointment or reappointment of directors to the board of the corporation. (j) The terms and conditions of contracts for the provision of health care services, including compliance with regulatory conditions thereof, with governmental and nongovernmental insurers, health care providers, health plans, third-party administrators, management services organizations, self-insured employers, medical groups, and payers or any other portion of contract negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories or strategy, or instructions or advice to employees. (k) Charges or complaints from a member enrolled in a health plan or any affiliated provider of health care services. ( l) Any trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code. (m) Any item that cannot be discussed in open session without revealing information prohibited or exempted from public disclosure by any provision of state or federal law applicable to any governmental hospital, or any state or federal statute applicable to a nongovernmental hospital, including, but not limited to, provisions of the Evidence Code relating to privilege. Prior to holding any closed session under this subdivision, the provision of state or federal law shall be publicly identified, where applicable. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  105. 101865.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    Before a closed session, the agenda items must be publicly identified, and after the session the board or committee must return to open session and publicly report required actions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101865. (a) Prior to holding any closed session, the agenda item or items to be discussed in the closed session shall be publicly identified. An item may be identified by reference to the item or items as they are listed by number or letter on the agenda. In a closed session, only those matters covered in the statement may be considered. Nothing in this article shall require or authorize a disclosure of information prohibited by state or federal law. (b) The corporation shall designate an officer or officers who shall attend each closed session of the board or a committee and keep a minute book of the session. The minute book may, but need not, consist of a recording of the closed session. The minute book is not a record subject to Section 101871 and shall be kept confidential. The minute book shall be available only to members of the board or committee or, if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the corporation lies. (c) After any closed session, the board or committee shall reconvene into open session prior to adjournment and shall make any disclosures required by subdivision (d) of action in the closed session. Announcements required to be made in open session pursuant to this article shall be made at the location announced in the agenda for the closed session. (d) Any action taken during a closed session of a meeting shall be announced publicly, including the vote or abstention of every director present, as follows: (1) Approval of an agreement concluding property negotiations pursuant to subdivision (f) of Section 101864 shall be reported after the agreement is final, as specified below: (A) If its own approval renders the agreement final, the corporation shall report that approval and the substance of the agreement in open session at the meeting during which the closed session is held. (B) If final approval rests with the other party to the negotiations, the corporation shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the corporation of its approval. (2) Approval given to its legal counsel of a settlement of pending litigation, as described in subdivision (g) of Section 101864, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as specified below: (A) If the corporation accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the meeting during which the closed session is held. (B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the corporation shall disclose the fact of that approval, and identify the substance of the agreement. (3) Approval of an agreement concluding collective bargaining or contract negotiations with represented or unrepresented employees pursuant to subdivision (a) of Section 101864 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  106. 101866.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    Announcements under this article may be made orally or in writing, and some closed-session records must be disclosed unless disclosure would harm the corporation’s public-benefit mission or create a material competitive or economic loss or risk.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 2. Public Meetings [101861 - 101866] ( Article 2 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101866. Announcements that are required to be made pursuant to this article may be made orally or in writing. Any contracts, settlement agreements, or other documents that are finally approved or adopted in the closed session and are subject to an announcement pursuant to this article shall be records subject to disclosure in accordance with Article 4 (commencing with Section 101870). However, nothing in this section shall require the announcement or disclosure of records that would impair the corporation’s ability to accomplish its primary public benefit purposes either by depriving the corporation of a material or competitive economic benefit, or exposing the corporation to a material competitive or economic risk. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  107. 101868.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 3. Enforcement of Public Meetings [101868- 101868.] ( Article 3 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    Interested persons may file court proceedings to stop or challenge a corporation’s actions under Article 2, and the corporation must give written notice to interested parties if it files proceedings.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 3. Enforcement of Public Meetings [101868- 101868.] ( Article 3 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101868. (a) Any interested person may institute proceedings for injunctive or declaratory relief or writ of mandate in any court of competent jurisdiction for the purpose of stopping or preventing violations or threatened violations of Article 2 (commencing with Section 101861) by the corporation. In addition, the corporation may institute proceedings for declaratory relief, or validation of its policy or policies under Article 2 (commencing with Section 101861). In the event the corporation institutes proceedings, the corporation shall give written notice, to the person or persons with an interest in the corporation’s compliance with Article 2 (commencing with Section 101861), of the right to participate in the proceedings. (b) Any interested person, including a corporation subject to this chapter, may institute proceedings for injunctive or declaratory relief or mandate in any court of competent jurisdiction for the purpose of obtaining a judicial determination as to whether an action taken by the corporation was in violation of Article 2 (commencing with Section 101861). In the event the corporation institutes proceedings, the corporation shall give written notice, to the person or persons with an interest in the corporation’s compliance with Article 2 (commencing with Section 101861), of the right to participate in the proceedings. (c) Any action seeking a judicial determination under this section shall be commenced within 30 days from the date the action was taken. Nothing in this section shall be construed to prevent the corporation from curing or correcting an action that is subject to review pursuant to this section. The fact that the corporation takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. Nothing in this section shall permit discovery of communications that are protected by the attorney-client privilege. (d) An action shall not be determined to be null and void if any of the following conditions exist: (1) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instrument, or agreement related thereto. (2) The action taken gave rise to a contractual obligation. (3) The action taken was in substantial compliance with this chapter. (4) Invalidation of the action taken would substantially impair the corporation’s ability to accomplish its primary public benefit purposes by either depriving the corporation of a material competitive or economic benefit, or exposing the corporation to a material competitive or economic risk. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  108. 101870.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 4. Records To Be Available [101870 - 101873] ( Article 4 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    This section defines “person,” “records,” and “writing” for this article.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 4. Records To Be Available [101870 - 101873] ( Article 4 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101870. For the purposes of this article: (a) “Person” includes any natural person, corporation, partnership, limited liability company, firm, or association. (b) “Records” includes any writing containing information relating to the conduct of the corporation’s business prepared, owned, used, or retained by the corporation regardless of physical form or characteristics. “Records” does not include any records transferred from any private nonprofit corporation that is a member or predecessor of the corporation that were created prior to the transfer of assets for the operation of a hospital by the corporation. (c) “Writing” means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  109. 101871.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 4. Records To Be Available [101870 - 101873] ( Article 4 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    The corporation must let the public inspect or copy its records on a written request that identifies the records, unless exact copying is impracticable.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 4. Records To Be Available [101870 - 101873] ( Article 4 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101871. (a) Records of the corporation shall be available to the public for inspection or copying upon a request in writing, submitted to the principal office of the corporation, which reasonably identifies the particular records sought to be disclosed, unless it is impracticable for an exact copy to be provided. Computer data shall be provided in a form determined by the corporation. The corporation shall adopt policies consistent with this article stating the procedures to be followed when making its records available under this article and identifying the officers or employees of the corporation responsible for the administration of these policies, and shall make these policies available to the public for inspection upon request during normal business hours. (b) The corporation shall determine within 10 working days after receipt of a request whether to comply with the request, and shall immediately notify the person making the request of the determination and identify the provision of this article or other provision of law that is the basis for withholding any record. Access to records requested, or copies thereof, shall be provided promptly after the corporation determines it will comply with the request. The corporation may extend the time limit for making a determination for up to an additional 15 working days by giving written notice to the requester when an extension is necessary to permit the corporation to do any of the following: (1) To search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (2) To search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (3) To consult with another person having a substantial interest in the determination of the request. (4) To permit a determination to be made under this subdivision. (c) Notices provided and requests made under this article shall be made available to the public. (d) The corporation may establish reasonable charges for the costs of complying with this article, not to exceed the actual cost of duplication. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  110. 101872.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 4. Records To Be Available [101870 - 101873] ( Article 4 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    This section says the article does not require disclosure of several categories of records and information.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 4. Records To Be Available [101870 - 101873] ( Article 4 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101872. Nothing in this article shall be construed to require disclosure of any of the following: (a) Contracts, business and marketing strategies, financial information, and any other competitive and strategic information, disclosure of which would impair the corporation’s ability to accomplish its primary public benefit purposes by depriving the corporation of a material or competitive economic benefit or exposing the corporation to a material competitive or economic risk. (b) Records that relate to the terms and conditions of contracts for the provision of health care services, including compliance with regulatory conditions thereof, with governmental and nongovernmental insurers, health care providers, health plans, third-party administrators, management services organizations, self-insured employers, medical groups, and payers, or any other portion of contract negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or instructions or advice to employees. (c) Records that relate to reports of a hospital or medical audit committee or a quality assurance committee or similar reports by staff of the corporation, accreditation reports, audits, audit compliance, licensure compliance, insurance and self-insurance coverage, health care peer review reports, and quality assessments, including, but not limited to, a review of the credentials of, or the quality of care rendered by, health care providers in the facilities of the corporation, or hearings regarding medical staff privileges. (d) Records the disclosure of which is exempted or prohibited pursuant to any provision of state or federal law applicable to any governmental hospital, or any state or federal statute applicable to a nongovernmental hospital, including, but not limited to, provisions of the Evidence Code relating to privilege. The corporation shall identify the provision of law restricting disclosure when relying upon this exemption. (e) Real estate appraisals or engineering or feasibility estimates related to the acquisition or disposition of property or related to supply and construction contracts, and until all of the contracted property, supplies, or construction work is obtained. This exemption from disclosure shall continue until these contracts are final and agreed to by all parties to the contracts. (f) Records that relate to collective bargaining or contract negotiations with represented and unrepresented employees including discussions of the corporation’s available funds and funding priorities, but only insofar as these discussions relate to the corporation’s ability to conclude the collective bargaining agreement or contract under discussion. For the purposes of this subdivision, “employee” shall include an officer, an independent contractor who functions as an officer or an employee, a physician and surgeon or other medical professional with medical staff privileges at a health facility or clinic operated by the corporation, or other person exercising professional responsibilities as authorized by the corporation at a health facility or clinic operated by the corporation, but shall not include other independent contractors. (g) Medical, personnel, or similar files, the disclosure of which would constitute an invasion of privacy of an employee, officer, customer, or patient of the corporation, including, but not limited to, home addresses, billing records, salaries, and employment contracts. (h) Records provided by potential employees, contractors, physicians and surgeons, or other persons for the use or consideration of the corporation under a reasonable belief that the corporation would treat the records supplied as confidential, including financial statements and proprietary information. A reasonable belief may be, but need not be, supported by a written agreement. (i) Library circulation records. (j) Any trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code. (k) Records relating to the purchase or sale of securities or other investments, including investments of the corporation in endowments and pension funds. ( l) Records relating to gifts, devises, bequests, and grants. (m) Charges or complaints from a member enrolled in a health plan or any affiliated provider of health care services. (n) Any record not otherwise expressly exempt from disclosure under this article if it impairs the corporation’s ability to accomplish its primary public benefit purposes by either depriving the corporation of a material competitive or economic benefit, or exposing the corporation to a material competitive or economic risk. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  111. 101873.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 4. Records To Be Available [101870 - 101873] ( Article 4 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    When a corporation has at least one state-agency member, that member’s record-disclosure duty is limited to this article for records received from or created by the corporation, except that certain records sent to a majority of a state agency’s governing body for an open public meeting must be disclosed under that agency’s laws.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 4. Records To Be Available [101870 - 101873] ( Article 4 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101873. Notwithstanding any other provision of law, whenever at least one member of the members of the corporation is itself a state agency, including a constitutional corporation, the obligations of that member of the corporation to make records available to the public shall, with respect to any records received from or created by the corporation, be limited to those obligations contained in this article, provided that if a record otherwise subject to this article is distributed to a majority of the members of the governing body of a state agency, including a constitutional corporation, for consideration at a public meeting of that agency in open session in connection with an item of business on the agency’s meeting agenda, such a record shall be made available to the public in accordance with the laws applicable to that agency. Nothing in this article is intended to prohibit any member from making information available to the public. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  112. 101875.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 5. Enforcement of the Disclosure of Records [101875- 101875.] ( Article 5 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    This section lets people seek court enforcement of record-inspection rights, lets the corporation seek declaratory relief or interpleader, and sets procedures and deadlines for disclosure disputes and review.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 5. Enforcement of the Disclosure of Records [101875- 101875.] ( Article 5 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101875. (a) Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any record or class of records under this chapter. In addition, the corporation may institute proceedings for declaratory relief or validation of its policy or policies under this article, or elect to interplead the records sought to be disclosed. In the event the corporation institutes proceedings or interpleads records, the corporation shall give written notice, to the person or persons with an interest in disclosure or nondisclosure of the records, of the right to participate in the proceedings. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. (b) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain records are being improperly withheld from disclosure, the court shall order the officer or person charged with withholding the records to disclose the record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties and any oral argument, and additional evidence as the court may allow. (c) If the court finds that the corporation’s decision to refuse disclosure is not justified under Article 4 (commencing with Section 101870), the court shall order the corporation to make the record available. If the judge determines that the corporation was justified in refusing to make the record available, he or she shall return the item to the corporation without disclosing its content with an order supporting the decision refusing disclosure. (d) An order of the court, either directing disclosure by the corporation or supporting the decision of the corporation refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  113. 101878.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 6. Application [101878 - 101881] ( Article 6 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    This section states that the chapter is intended to apply retroactively to records of covered corporations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 6. Application [101878 - 101881] ( Article 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101878. It is the intent of the Legislature that the provisions of this chapter shall apply retroactively to all of the records of any corporation to which this chapter applies, as of the effective date of this chapter, notwithstanding that this chapter was not in effect at the time the corporation created or obtained those records. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  114. 101879.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 6. Application [101878 - 101881] ( Article 6 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    This section says the chapter’s rules on corporate meetings apply only prospectively, so meetings held before the effective date are not treated as violations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 6. Application [101878 - 101881] ( Article 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101879. It is also the intent of the Legislature that the provisions of this chapter regarding the holding of meetings of a corporation shall apply prospectively, so that any meetings held by the corporation prior to the effective date hereof shall not be deemed to have been in contravention of this chapter. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  115. 101880.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 6. Application [101878 - 101881] ( Article 6 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    A corporation covered by this chapter remains private and is not treated like a public agency or other public/constitutional corporation for the cited Government Code and Education Code provisions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 6. Application [101878 - 101881] ( Article 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101880. The Legislature finds and declares that a corporation subject to this chapter shall continue to be private, notwithstanding this chapter, and in any event, shall not be subject to the provisions of the Government Code or the Education Code made applicable to any public agency, or any public or constitutional corporation, generally, or collectively. Nothing in this chapter grants any authority to any person, including any public agency or constitutional corporation, to establish a corporation to which this chapter applies. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  116. 101881.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 6. Application [101878 - 101881] ( Article 6 added by Stats. 1997, Ch. 927, Sec. 2. )

    Verify source ↗

    This chapter does not apply to any corporation in a county of the 2nd class.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 6. Other [101860 - 101881] ( Chapter 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## ARTICLE 6. Application [101878 - 101881] ( Article 6 added by Stats. 1997, Ch. 927, Sec. 2. ) ## 101881. This chapter shall be inapplicable to any corporation in a county of the 2nd class. (Added by Stats. 1997, Ch. 927, Sec. 2. Effective January 1, 1998.)
  117. 101950.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5. LONG-TERM CARE INFRASTRUCTURE BLUEPRINT [101950- 101950.] ( Part 5 added by Stats. 1999, Ch. 950, Sec. 7. )

    Verify source ↗

    The California Health and Human Services Agency must create a long-term care infrastructure blueprint and report on its progress by January 1, 2001.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5. LONG-TERM CARE INFRASTRUCTURE BLUEPRINT [101950- 101950.] ( Part 5 added by Stats. 1999, Ch. 950, Sec. 7. ) ## 101950. (a) The California Health and Human Services Agency shall develop a long-term care infrastructure blueprint to analyze how information technology could be utilized to do all of the following: (1) Provide consistent information and referrals to consumers’ requests for information on long-term care service availability and eligibility requirements. (2) Develop a core client services record that contains key assessment and care planning information. (3) Transmit core client information from one agency to another when making a service referral. (4) Create a long-term care data warehouse at state level to facilitate state and regional long-term care strategic planning, development, and evaluation. (b) The blueprint developed shall include all of the following: (1) A technical analysis of the data currently being collected by public long-term care programs. (2) An evaluation of the information technology currently available to accomplish tasks specified in subdivision (a). (3) A cost-benefit analysis of the information technology options identified. (4) A proposal of incremental steps, and the corresponding budgetary outlays, required to develop the long-term care information infrastructure. (c) The agency shall contract with a consulting firm that has been successful in assisting other states in undertaking similar infrastructure building endeavors, or that can demonstrate comparable experience, for preparation of the technical analysis. (d) The agency shall ensure that the planning, development, and implementation of changes that occur as a result of this section encourage and allow concurrent implementation and operation of a long-term care integration pilot project consistent with Article 4.3 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9. (e) The agency shall report to the Legislature, in writing, on or before January 1, 2001, regarding the results of the technical analysis and the progress made on the development of the long-term care infrastructure blueprints. (Added by Stats. 1999, Ch. 950, Sec. 7. Appropriation deleted by Governor's item-veto message. Effective January 1, 2000. Note: This text omits subdivision (f) to reflect the Governor's deletion of its $149,000 appropriation.)
  118. 101960.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 1. Findings [101960- 101960.] ( Chapter 1 added by Stats. 2006, Ch. 514, Sec. 1. )

    Verify source ↗

    The Legislature finds that Los Angeles County faces serious health care access problems and repeated strain on its county medical system.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 1. Findings [101960- 101960.] ( Chapter 1 added by Stats. 2006, Ch. 514, Sec. 1. ) ## 101960. The Legislature finds and declares all of the following: (a) The County of Los Angeles faces very grave challenges in providing health care for its residents. (b) Almost one-half of the residents of Los Angeles County have no health insurance or rely on public programs, such as Medi-Cal for health coverage. (c) More than 1.6 million of the 10 million residents of Los Angeles County have no health insurance. More than two million residents of Los Angeles County depend on Medi-Cal or other public programs for their health insurance and many of these Los Angeles County residents rely on the county medical system to obtain needed health care. (d) Because of these severe demands, the county medical system faces recurrent crises and is unable to meet the needs of the residents of Los Angeles County. (Added by Stats. 2006, Ch. 514, Sec. 1. Effective January 1, 2007.)
  119. 101961.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 2. Definitions [101961- 101961.] ( Chapter 2 added by Stats. 2006, Ch. 514, Sec. 1. )

    Verify source ↗

    This section defines “Board” and “County” for this part.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 2. Definitions [101961- 101961.] ( Chapter 2 added by Stats. 2006, Ch. 514, Sec. 1. ) ## 101961. For purposes of this part, the following definitions shall apply: (a) “Board” means the Board of Supervisors of Los Angeles County. (b) “County” means the County of Los Angeles. (Added by Stats. 2006, Ch. 514, Sec. 1. Effective January 1, 2007.)
  120. 101962.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. )

    Verify source ↗

    The board may adopt an ordinance to develop a county health care master plan.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. ) ## 101962. The board may, by ordinance, develop a master plan for health care in the county. (Added by Stats. 2006, Ch. 514, Sec. 1. Effective January 1, 2007.)
  121. 101963.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. )

    Verify source ↗

    The board may assemble a task force to develop a health care master plan and report it on a board-adopted schedule.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. ) ## 101963. The board may assemble a task force to develop a master plan for health care that is based on a long-range planning and policy analysis for the county department of health services, and report the plan to the board according to a schedule adopted by the board. (Added by Stats. 2006, Ch. 514, Sec. 1. Effective January 1, 2007.)
  122. 101964.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. )

    Verify source ↗

    The task force may evaluate county health care priorities and consider planning impacts and local history and conditions in its analysis.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. ) ## 101964. The task force may do all of the following: (a) Evaluate the strategic priorities for Los Angeles County as they relate to the financing, operation, clinical focus, and administration of the health care delivery system for low-income people in Los Angeles County. (b) Take into account the possible impact of this planning and policy analysis for the Los Angeles community. (c) Integrate into the analysis the unique history, relationships, and other cultural and environmental issues that would make a difference between a plan that is technically correct but not likely to be implemented and one that is essentially a workplan to take a highly regarded, vitally important health system successfully through the next decade when there will be mounting pressures and challenges. (Added by Stats. 2006, Ch. 514, Sec. 1. Effective January 1, 2007.)
  123. 101965.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. )

    Verify source ↗

    The task force must address a list of specified health care planning issues when developing the plan under Section 101963.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. ) ## 101965. In developing the plan under Section 101963, the task force shall address all of the following issues: (a) The following factors regarding the current health of the population of the county: (1) The population served. (2) The health status of each population. (3) Key health conditions that need to be addressed. (b) The following factors regarding the economic climate and its impact on health care: (1) The characteristics of the regional economy. (2) Health care and the regional economy. (c) Expenditures on health care provided to low-income persons, including all of the following aspects, as related to Los Angeles County: (1) The Medi-Cal program and the federal State Children’s Health Insurance Program. (2) The federal Medicare Program. (3) Other tax-supported programs. (4) Other public support of health care programs. (5) Charity care. (d) Health care providers serving low-income patients, including both of the following: (1) The public system. (2) The private system. (e) Effectiveness of all of the following aspects of the public health care system: (1) Systemwide priorities. (2) The public health and communicable disease. (3) Preventive care. (4) Primary care. (5) Specialty care. (6) Emergency and trauma care. (7) Inpatient care. (8) Pharmacies. (9) Gaps in the current system of care. (10) Disease management. (f) The following aspects of partnerships with academic medical institutions: (1) History. (2) Faculty contract. (3) Medical staff leadership. (4) Long-term planning issues. (g) The following issues in system financing: (1) Adequate leveraging of local resources. (2) Maintenance of adequate revenue, local taxes, and taxpayer equity. (3) Out-of-county care. (4) Operational effectiveness. (5) Financial management and information technology. (6) Contracts for medical staff. (7) Additional service opportunities. (h) The health care workforce, as follows: (1) Demographics. (2) Trends. (3) Critical shortage areas. (4) Training and development. (i) Physical plant and facility challenges for the system, specifically a master plan for capital investment. (j) Potential provider partnerships with all of the following: (1) Private hospitals. (2) Children’s hospitals. (3) Federal Department of Veterans Affairs hospitals. (4) Academic medical centers. (5) Community primary care. (6) Other health care agencies. (k) System governance, including, but not limited to: (1) The background of system governance. (2) The role of local government. (3) The role of the Los Angeles County Department of Health Services. (4) The role of county health-related commissions. (5) The role of the state government. (6) The role of the federal government. (Amended by Stats. 2007, Ch. 130, Sec. 169. Effective January 1, 2008.)
  124. 101966.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. )

    Verify source ↗

    The task force may make recommendations to the board on specified health care planning and administration topics.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 5.5. LOS ANGELES COUNTY HEALTH CARE MASTER PLAN [101960 - 101966] ( Part 5.5 added by Stats. 2006, Ch. 514, Sec. 1. ) ## CHAPTER 3. Master Plan Authorization [101962 - 101966] ( Chapter 3 added by Stats. 2006, Ch. 514, Sec. 1. ) ## 101966. The task force may make recommendations on the following to the board pursuant to the planning and policy analysis conducted under this part: (a) Priorities for clinical operations. (b) Systemwide issues. (c) The spectrum of care delivery. (d) Gaps in the current system. (e) Disease management. (f) Medical staff relationships. (g) Physical plant issues. (h) Priorities for health care financing. (i) System financial strategies. (j) Financial management. (k) Priorities for partnership development and expansion. (l) Priorities for an effective health system administration. (Added by Stats. 2006, Ch. 514, Sec. 1. Effective January 1, 2007.)
  125. 101980.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. )

    Verify source ↗

    This chapter may be cited as the Voluntary Health Facility and Clinic Philanthropic Support Act.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. ) ## 101980. This chapter shall be known and may be cited as the Voluntary Health Facility and Clinic Philanthropic Support Act. (Added by renumbering Section 101800 by Stats. 1999, Ch. 950, Sec. 2. Effective January 1, 2000.)
  126. 101983.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. )

    Verify source ↗

    The Legislature states that existing philanthropic support for health facilities and clinics should be preserved and enhanced.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. ) ## 101983. The Legislature finds and declares that, while there continues to be a need to focus on the deficiencies in the health care system and on corrective reform measures that might be taken, there is also need for focus on the enhancement of its strengths. Existing philanthropic support for health facilities and clinics is a strength that must be preserved and enhanced under any reform measure for all of the following reasons: (a) Philanthropy imbues members of the community with a sense of pride in their voluntary nonprofit health facilities and clinics and creates a setting in which members of the community are willing to devote time and effort to improve health care available in the community in a way that government regulation could never replace. (b) Philanthropy allows voluntary nonprofit institutions to conduct research and to engage in other innovative efforts to improve health care in California. (c) Philanthropy provides required discretionary dollars for voluntary nonprofit institutions, that, in part, substitute for the absence of profits. (d) Philanthropy allows hospitals to replace worn out and obsolete facilities when, in a period of high inflation, historical costs accumulated through depreciation are totally insufficient to provide for the replacement. (e) Philanthropy pays for necessary expenditures that otherwise would have to be paid by patients or by government. (f) Philanthropy may be discouraged by certain shortsighted actions of administrative agencies that, while purporting to serve a short-term purpose, seriously deter the vast benefits to the health care field inuring directly from philanthropy and voluntarism. (g) Recent amendments to the federal tax laws to broaden the use of the standard deduction also have the effect of eliminating important incentives for philanthropy. (Added by renumbering Section 101805 by Stats. 1999, Ch. 950, Sec. 3. Effective January 1, 2000.)
  127. 101985.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. )

    Verify source ↗

    The Legislature states that philanthropy and voluntarism in health care should be encouraged.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. ) ## 101985. It is, therefore, the intent of the Legislature to create an environment in which philanthropy and voluntarism in the health care field and the vast benefits arising from it for the citizens of California can be encouraged. The Legislature hereby declares it to be the policy of this state that philanthropic support for health care be encouraged and expanded, especially in support of experimental and innovative efforts to improve the health care delivery system. (Added by renumbering Section 101810 by Stats. 1999, Ch. 950, Sec. 4. Effective January 1, 2000.)
  128. 101987.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. )

    Verify source ↗

    For certain health-facility and clinic finance laws, several listed grants, gifts, proceeds, and funds must not be treated as revenue allocable to the cost of care.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. ) ## 101987. For purposes of any state law, whether enacted before or on or after January 1, 1980, that in any manner provides for regulation, review, or reporting of the budget, rates, or revenues of health facilities, as defined in Section 1250, or clinics, as defined in Section 1204, including the provisions of Part 1.7 (commencing with Section 440), none of the following shall be treated directly, or indirectly, as revenues allocable to the cost of care provided by the health facility or clinic: (a) A donor-designated or restricted grant, gift, endowment, or income therefrom, as defined in Section 405.423(b) of Title 42 of the Code of Federal Regulations, insofar as permitted by federal law. (b) A grant or gift, or income from a grant or gift, that is not available for use as operating funds because of its designation by the governing board or entity of the health facility or clinic. (c) A grant or similar payment that is made by a governmental entity and that is not available, under the terms of the grant or payment, for use as operating funds. (d) Amounts attributable to the sale or mortgage of any real estate or other capital assets of the health facility or clinic that it acquired through a gift or grant, and that are not available for use as operating funds under the terms of the gift or grant or because of designation as provided in subdivision (b). (e) A depreciation fund that is created by the health facility or clinic in order to meet a condition imposed by a third party for the third party’s financing of a capital improvement of the health facility or clinic, provided the fund is used exclusively to make payments to the third party for the financing of the capital improvement. (f) Funds used to defray the expense of fundraising. (Added by renumbering Section 101815 by Stats. 1999, Ch. 950, Sec. 5. Effective January 1, 2000.)
  129. 101989.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. )

    Verify source ↗

    State law must not be read to discourage philanthropic support for health facilities and clinics or to hinder recipients’ use of that support for the best interests of physicians and patients.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 6. OTHER [101980 - 101989] ( Heading of Part 6 renumbered from Part 5 (as added by Stats. 1996, Ch. 1023) by Stats. 1999, Ch. 950, Sec. 1. ) ## CHAPTER 1. Voluntary Health Facility Philanthropic Support Act [101980 - 101989] ( Heading of Chapter 1 (now in this part) rennumbered from Chapter 4 (of Part 4) by Stats. 1996, Ch. 1023, Sec. 303.8. ) ## 101989. No state law shall be construed to discourage philanthropic support of health facilities and clinics, or to otherwise hinder the use of this support for purposes determined by the recipients to be in the best interests of the physicians and patients it serves. However, in enacting this chapter and Section 14106.2 of the Welfare and Institutions Code, the Legislature does not intend to place any restrictions on cost containment measures relating to health facilities that may be enacted in the future. (Added by renumbering Section 101820 by Stats. 1999, Ch. 950, Sec. 6. Effective January 1, 2000.)
  130. 101990.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    This section defines terms used in the California Cancer Clinical Trials Program.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101990. For purposes of this part, the following definitions shall apply: (a) “Board” means the Board of Trustees of the California Cancer Clinical Trials Program. (b) “Eligible cancer clinical trial” means a clinical trial, as defined in Section 300gg-8(d) of Title 42 of the United States Code, that is conducted in the state, that targets cancer, and that is regulated by the United States Food and Drug Administration. (c) “Fund” or “clinical trials fund” refers to a fund established by or on behalf of the program administrator to support the program. (d) “Program” means the California Cancer Clinical Trials Program. (e) “Program administrator” means the institute or office designated by the University of California pursuant to subdivision (a) of Section 101991. (f) “Program grant recipient” means an organization that receives support from the fund to carry out the purposes of this part. (g) “University” means the University of California. (Added by Stats. 2016, Ch. 661, Sec. 2. (AB 1823) Effective January 1, 2017.)
  131. 101991.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    The university is asked to set up program administration, create a board, limit most administrative spending to 20% of program funds, and publicize board nominations and grant availability.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101991. The university is hereby requested to do all of the following: (a) Establish or designate an institute or office within the university to administer the program. (b) Establish the board, to consist of at least five members, appointed by the president of the university to represent institutions and individuals performing, participating in, and supporting eligible cancer clinical trials in California. (1) The members shall have varying backgrounds to promote the purposes of this part. (2) The board shall be qualified through the experience, expertise, and diversity of its members in the design, implementation, and support of clinical trials, and through studying and addressing socioeconomic, ethnic or racial, regional, and other barriers to participation and interventions to remove those barriers. (3) Efforts shall be made to include representatives of a range of public and private research institutions, health care providers, health care foundations, and patient advocacy organizations. (4) All persons appointed to the board shall have an interest in increasing and diversifying access to eligible cancer clinical trials and the ability and desire to solicit funds for the purpose of increasing and diversifying access to clinical trials as provided in this part. (5) Members of the board shall serve without compensation. A board member shall be reimbursed for any actual, necessary, and reasonable expenses incurred in connection with his or her duties as a board member. (6) (A) The program administrator may adjust administrative costs available for use in the program based on the size of the program and the funds that are received. (B) Notwithstanding subparagraph (A), the program administrator shall use no more than 20 percent of the funds that are made available for the program for administrative costs. (C) Notwithstanding subparagraph (B), in the first year of the program, the program administrator may use more than 20 percent of the funds for administrative costs, in order to fund the costs of establishing the program. (c) Publicize to National Cancer Institute-Designated Cancer Centers, community organizations, hospitals, hospital associations, industry, health care foundations, and government agencies, the opportunity to submit nominations for board membership to the president of the university. (d) Publicize the availability of grants made available through the program to organizations described in subdivision (a) of Section 101994.5. (Added by Stats. 2016, Ch. 661, Sec. 2. (AB 1823) Effective January 1, 2017.)
  132. 101992.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    The university may take part in the program, seek needed approvals before starting, decline to participate, or end the program if it decides the program is not viable.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101992. (a) The university may participate in the program as the program administrator, a beneficiary, or both. (b) Prior to establishing the program, the university may pursue any federal, state, or internal approvals, authorizations, or advice it deems necessary to the university’s participation. (c) The university may decline to establish or participate in the program. (d) The university may terminate the program if it determines that the program is not viable. (Added by Stats. 2016, Ch. 661, Sec. 2. (AB 1823) Effective January 1, 2017.)
  133. 101993.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    The program administrator may solicit funds for the cancer clinical trials program, and program spending is generally limited to federal or private funds, with a narrow startup-cost exception for the university.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101993. (a) The program administrator, directly or through a university-affiliated foundation, may solicit funds from business, industry, foundations, research organizations, federal government agencies, individuals, and other private sources for the purpose of administering the program and awarding grants to increase patient access to clinical trials targeting cancer, consistent with guidelines established by the board. (b) (1) Subject to paragraph (2), only funds from federal or private sources may be used to administer the program or award grants. (2) The university may use its own state source funds for oversight and administration of the program relating to the initial start-up costs of the program only, provided the university is reimbursed from federal or private sources of funds. (Amended by Stats. 2017, Ch. 561, Sec. 126. (AB 1516) Effective January 1, 2018.)
  134. 101993.5.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    Resources the university allocates to establish and operate the program must be reimbursed from donated money before any grants are distributed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101993.5. Any funds, personnel, facility, equipment, or other resources that are allocated by the university to establish and operate the program shall be reimbursed to the university, from moneys donated to the fund, prior to distribution by the program of any grants to any entity that is designated under subdivision (a) of Section 101994.5. (Added by Stats. 2016, Ch. 661, Sec. 2. (AB 1823) Effective January 1, 2017.)
  135. 101994.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    If the program administrator receives at least $500,000 in funding, they must establish the fund and the Cancer Clinical Trials Grant Program.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101994. Upon the program administrator’s receipt of at least five hundred thousand dollars ($500,000) in funding for the program, the program administrator shall establish the fund and the Cancer Clinical Trials Grant Program to increase patient access to eligible cancer clinical trials in underserved or disadvantaged communities and populations, including among women and patients from racial and ethnic minority communities and socioeconomically disadvantaged communities. (Added by Stats. 2016, Ch. 661, Sec. 2. (AB 1823) Effective January 1, 2017.)
  136. 101994.5.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    The board must set the criteria for awarding and administering grants, and it may award grants to specified research institutions, hospitals, and certain nonprofit organizations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101994.5. (a) The board shall determine the criteria to award and administer grants to support program grant recipients. The board may award grants to any or all of the following: (1) Public and private research institutions and hospitals that conduct eligible cancer clinical trials. (2) Nonprofit organizations that are exempt from taxation under Section 501(c) of the Internal Revenue Code and that do either of the following: (A) Specialize in direct patient support for improved clinical trial enrollment and retention. (B) Engage in research on health disparities and their relationship to clinical trial enrollment. (b) Grants awarded pursuant to subdivision (a) shall be used for activities to increase patient access to eligible cancer clinical trials, including, but not limited to, any of the following: (1) Patient navigator services or programs. (2) Education and community outreach. (3) Patient-friendly technical tools to assist patients in identifying available clinical trials. (4) Counseling services for clinical trial participants. (5) Well-being services for clinical trial participants, including, but not limited to, physical therapy, pain management, stress management, and nutrition management. (6) Payment of ancillary costs for patients and caregivers, including, but not limited to, all of the following during and related to participation in the clinical trial: (A) Airfare. (B) Lodging. (C) Rental automobile and fuel for the automobile. (D) Local public transportation by bus, train, or other public transportation. (E) Meals. (F) Dependent child care. (7) Research on the effectiveness of these and other measures to increase patient access to clinical trials. (c) When determining program grant recipients pursuant to subdivision (a), the board is encouraged to grant special consideration to public or nonprofit applicants that provide patient services related to cancer clinical trials that address health disparities or that possess two or more years’ experience in the improvement of enrollment, retention, or participation in cancer clinical trial participation with an emphasis on underserved populations. (Added by Stats. 2016, Ch. 661, Sec. 2. (AB 1823) Effective January 1, 2017.)
  137. 101995.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    The program administrator must require grantees to submit any reports needed to ensure proper use of funds. The university may also require the board to submit reports to the Regents of the University of California about the program and board activities.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101995. (a) The program administrator shall require grantees to submit any reports it deems necessary to ensure the appropriate use of funds consistent with the purposes of this part and the terms of any grant awards. (b) The university may require the board to submit reports pertaining to the program’s and the board’s activities to the Regents of the University of California, including, but not limited to, the following information: (1) An accounting of funds collected and expended. (2) An evaluation of the program. (3) Recommendations regarding the program. (Added by Stats. 2016, Ch. 661, Sec. 2. (AB 1823) Effective January 1, 2017.)
  138. 101996.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    The university may terminate the program if the fund is insufficient, and the program administrator may dissolve it if funding does not reach $500,000 by January 1, 2021 or if the administrative-cost limit is inadequate.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101996. (a) If the university determines at any time that the moneys in the fund are insufficient to establish or sustain the program, the university may terminate the program. (b) If the fund does not receive five hundred thousand dollars ($500,000) or more by January 1, 2021, or, if at any time, the program administrator determines that the 20-percent limit on administrative costs set forth in subparagraph (B) of paragraph (6) of subdivision (b) of Section 101991 is inadequate to support the cost of administering the program authorized pursuant to this part, the program administrator may elect to dissolve the program. (c) All moneys in the fund remaining after expenses are paid shall, prior to dissolution, be allocated to one or more organizations described in subdivision (a) of Section 101994.5. (Amended by Stats. 2017, Ch. 561, Sec. 127. (AB 1516) Effective January 1, 2018.)
  139. 101997.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. )

    Verify source ↗

    The university is not barred from setting up or running similar programs to help people participate in clinical trials.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 7. California Cancer Clinical Trials Program [101990 - 101997] ( Part 7 added by Stats. 2016, Ch. 661, Sec. 2. ) ## 101997. This part does not preclude the university from establishing or operating one or more similar programs to facilitate participation in any clinical trials, as defined in Section 300gg-8(d) of Title 42 of the United States Code. (Added by Stats. 2016, Ch. 661, Sec. 2. (AB 1823) Effective January 1, 2017.)
  140. 102100.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

    Verify source ↗

    Certain vital events and marriage-related judgments must be registered or filed, and specified confidential information is exempt from the California Public Records Act.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102100. Each live birth, fetal death, death, and marriage that occurs in the state shall be registered as provided in this part on the prescribed certificate forms. In addition, a report of every judgment of dissolution of marriage, legal separation, or nullity decree shall be filed with the State Registrar, as provided in this part. All confidential information included in birth, fetal death, death, and marriage certificates and reports of dissolution of marriage, legal separation, or nullity that are required to be filed by this part, shall be exempt from the California Public Records Act contained in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 272. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  141. 102105.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

    Verify source ↗

    The department must enforce this part uniformly and thoroughly throughout the state, and it may adopt additional regulations to do so.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102105. The department is charged with the uniform and thorough enforcement of this part throughout the state, and may adopt additional regulations for its enforcement. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  142. 102110.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

    Verify source ↗

    The State Registrar must adopt regulations setting procedures for confidentiality and for access to records under this part.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102110. The State Registrar shall adopt regulations specifying both of the following: (a) Procedures to assure the confidentiality of the confidential portion of the certificate of live birth, specified in subdivision (b) of Section 102425, and the medical and health report, specified in Section 102445. (b) Procedures regarding access to records required by this part. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  143. 102115.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

    Verify source ↗

    The department may make and enforce regulations about the handling and transport of dead bodies when communicable diseases are involved.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102115. The department may make and enforce regulations for the embalming, cremation, interment, disinterment and transportation of the dead in matters relating to communicable diseases. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  144. 102120.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must tell all local registrars which diseases are considered infectious, contagious, or communicable and dangerous to public health, as decided by the department.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102120. The State Registrar shall inform all local registrars which diseases are to be considered infectious, contagious, or communicable and dangerous to the public health, as decided by the department, in order that when deaths occur in which the diseases are involved, proper precautions may be taken to prevent their spread. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  145. 102125.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Certificates of live birth, fetal death, or death must be written legibly in durable black ink, and they are not complete and correct unless all required information is provided or its omission is satisfactorily explained.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102125. All certificates of live birth, fetal death, or death shall be written legibly, in durable black ink, and a certificate is not complete and correct that does not supply all of the items of information called for, or satisfactorily account for their omission. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  146. 102130.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Marriage licenses must be written legibly and be reproducible by photographic and micrographic methods.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102130. All marriage licenses shall be written legibly and shall be photographically and micrographically reproducible. A marriage license is not complete and correct that does not supply all of the items of information called for, or satisfactorily account for their omission. (Amended by Stats. 2006, Ch. 816, Sec. 40. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  147. 102134.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must require certain names on listed vital-record documents to use diacritical marks after a funding trigger, and may issue acceptable-mark guidance and remove diacritical marks before sharing data with government agencies.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102134. (a) Beginning no earlier than two years after an appropriation of funds by the Legislature, the State Registrar shall require the use of a diacritical mark on an English letter to be properly recorded, within the name field of a parent or registrant on a certificate of live birth, fetal death, death, marriage license and certificate, or confidential marriage license and certificate. The use of a diacritical mark on an English letter within a name field shall be deemed an acceptable entry on a certificate of live birth, fetal death, or death, and a marriage license and certificate or confidential marriage license and certificate by the State Registrar. (b) The absence or presence of a diacritical mark on a document listed in subdivision (a) shall not render the document invalid nor affect any constructive notice imparted by proper recordation of the document. (c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Registrar may develop a list of acceptable diacritical marks for use on a certificate of live birth, fetal death, or death, or a marriage license and certificate or confidential marriage license and certificate, through all-county letters or similar instructions from the State Registrar without taking further regulatory actions. (d) Notwithstanding Section 102140, the State Registrar may remove any diacritical marks on the birth, fetal death, death, and marriage license and certificate data before furnishing the vital statistics relating to birth, death, fetal death, and marriage license and certificates to a federal, state, or local government agency. (e) For purposes of this part, a diacritical mark includes, but is not limited to, accents, tildes, graves, umlauts, and cedillas. (Added by Stats. 2025, Ch. 662, Sec. 1. (AB 64) Effective January 1, 2026.)
  148. 102135.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Certain people must provide requested vital-record information to the state or local registrar, and must not use derogatory, demeaning, or colloquial racial or ethnic descriptors on the prescribed forms.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102135. (a) All physicians, informants, funeral directors, clergy, or judges and all other persons having knowledge of the facts, shall supply upon the prescribed forms any information that they possess regarding any birth, fetal death, death, or marriage upon demand of the state or local registrar. (b) All physicians, informants, funeral directors, clergy, judges, public employees, or other persons who supply upon prescribed forms information that they possess regarding any birth, fetal death, death, or marriage shall in no case use a derogatory, demeaning, or colloquial racial or ethnic descriptor. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  149. 102140.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Marriage licenses, certificates, and related records may not be altered after acceptance for registration, except to add supplemental information needed for statistical purposes.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102140. No alteration or change in any respect shall be made on any marriage license or certificate after its acceptance for registration by the local registrar, or on other records made in pursuance of this part, except where supplemental information required for statistical purposes is furnished. (Amended by Stats. 2006, Ch. 816, Sec. 41. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  150. 102145.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The person in charge of a hospital or similar institution must keep patient records with enough personal and medical information to complete a birth or death certificate.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102145. Every person in charge of a hospital or other institution to which persons are admitted for treatment or confinement shall make a record of the personal, medical and other information for each patient sufficient and adequate for the completion of a birth or death certificate. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  151. 102155.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    This section defines “absence of conflicting information relative to parentage” for use in certain chapters.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. General Provisions [102100 - 102155] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102155. “Absence of conflicting information relative to parentage” as used in Chapter 5 (commencing with Section 102625) or Chapter 11 (commencing with Section 103225) means the absence of conflicting information relative to the existence or nonexistence of a parent and child relationship, as this term is defined in subdivision (b) of Section 7601 of the Family Code, and includes entries such as “unknown,” “not given,” “refused to state,” or “obviously fictitious names.” (Amended by Stats. 2024, Ch. 853, Sec. 26. (AB 3281) Effective January 1, 2025.)
  152. 102175.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The director is the State Registrar of Vital Statistics.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102175. The director shall be the State Registrar of Vital Statistics. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  153. 102180.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must carry out this part in California and has supervisory power over local registrars to promote uniform compliance.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102180. The State Registrar is charged with the execution of this part in this state, and has supervisory power over local registrars, so that there shall be uniform compliance with all of the requirements of this part. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  154. 102185.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar may investigate irregularities or violations of this part.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102185. The State Registrar may investigate cases of irregularity or violations of this part. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  155. 102190.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    If the State Registrar thinks it is necessary, they must report violations to the county district attorney, who must promptly start and pursue the needed court proceedings.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102190. When the State Registrar deems it necessary, he or she shall report cases of violation of any of the provisions of this part to the district attorney of the county where the violation occurred, with a statement of the facts and circumstances; and the district attorney shall forthwith initiate and promptly follow up with the necessary court proceedings. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  156. 102195.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The Attorney General must help enforce this part when the State Registrar asks.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102195. The Attorney General shall assist in the enforcement of this part upon request of the State Registrar. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  157. 102200.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must prescribe and furnish the record forms used for this part, or set the format, quality, and content of electronically produced county forms.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102200. The State Registrar shall prescribe and furnish all record forms for use in carrying out the purposes of this part, or shall prescribe the format, quality, and content of forms electronically produced in each county, and no record forms or formats other than those prescribed shall be used. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  158. 102205.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must prepare and issue detailed instructions when needed to ensure uniform observance of this part and a satisfactory registration system.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102205. The State Registrar shall prepare and issue detailed instructions as may be required to procure the uniform observance of this part and the maintenance of a satisfactory system of registration. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  159. 102210.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must establish registration districts within the State for this part.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102210. The State Registrar shall establish registration districts within the State for the purposes of this part. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  160. 102215.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar of Vital Statistics may call local registrars or their chief deputies into conference within the state.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102215. The State Registrar of Vital Statistics may call into conference the local registrars or their chief deputies, in groups and at places within the state as may be designated by him or her, to meet with him or her or his or her duly authorized representatives, for the purpose of discussing problems dealing with registration of births, fetal deaths, deaths, and marriages, in order to promote uniformity of policy and procedure throughout the state in matters pertaining to vital registration; provided further, that the actual and necessary expenses incident to attendance at not more than one such meeting per year shall with the prior approval of the local legislative body be a legal charge against the local governmental unit. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  161. 102220.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must examine certificates from local registrars and, if they are incomplete or unsatisfactory, require additional information to complete the record.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102220. The State Registrar shall carefully examine the certificates received from the local registrars of births, deaths, and fetal deaths, and if they are incomplete or unsatisfactory shall require any further information that may be necessary to make the record complete and satisfactory. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  162. 102225.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must review marriage certificates from county recorders, ask for more information if they are incomplete or unsatisfactory, and return incomplete or unsatisfactory certificates within 90 days; otherwise, the Registrar must register the certificate as filed.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102225. The State Registrar shall carefully examine the marriage certificates received from the county recorders, and if they are incomplete or unsatisfactory shall require any further information that may be necessary to make the record complete and satisfactory. Any certificates that are determined to be incomplete or unsatisfactory shall be returned to the county recorder within 90 days after receipt by the State Registrar. If a certificate is not returned to the county recorder within 90 days, the State Registrar shall register the certificate as presented. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  163. 102230.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must keep and maintain certain certificate indices, and some record indices must be kept confidential or released only under specific conditions.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102230. (a) (1) The State Registrar shall arrange and permanently preserve the certificates in a systematic manner and shall prepare and maintain comprehensive and continuous indices of all certificates registered. (2) The birth, death, and marriage record indices prepared pursuant to paragraph (1) and all comprehensive birth, death, and marriage record indices prepared or maintained by local registrars and county recorders shall be kept confidential and shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (3) Notwithstanding paragraph (2), the State Registrar, at the registrar’s discretion, may release comprehensive birth, death, and nonconfidential marriage record indices to a government agency. The comprehensive birth record indices released to the county recorder shall be subject to the same restrictions applicable to the confidential portion of a certificate of live birth, as specified in Section 102430. Local registrars and county recorders, when requested, shall release their comprehensive birth, death, and marriage record indices to the State Registrar. Local registrars may release their comprehensive birth and death record indices to the county recorder within its jurisdiction for purposes of the preparation or maintenance of the indices of the county recorder. A government agency that obtains indices pursuant to this paragraph shall not sell or release the index or a portion of its contents to another person, except as necessary for official government business, and shall not post the indices or any portion of the indices on the internet. (b) (1) The State Registrar shall prepare and maintain separate noncomprehensive indices of all California birth, death, and nonconfidential marriage records for public release. (2) For purposes of this section, noncomprehensive birth record indices for public release shall be comprised of first, middle, and last name, sex, date of birth, and place of birth. (3) For purposes of this section, noncomprehensive death record indices for public release shall be comprised of first, middle, and last name, sex, date of birth, place of birth, place of death, date of death, and father’s last name. (4) For purposes of this section, noncomprehensive nonconfidential marriage record indices for public release shall be comprised of the name of each party to the marriage and the date of marriage. (5) Requesters of the birth, death, or nonconfidential marriage record indices prepared pursuant to this subdivision shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following: (A) The proposed use of the birth, death, or nonconfidential marriage record indices. (B) A disclaimer crediting analyses, interpretations, or conclusions reached regarding the birth, death, or nonconfidential marriage record indices to the author and not to the State Department of Public Health. (C) Assurance that technical descriptions of the birth, death, or nonconfidential marriage record indices are consistent with those provided by the State Department of Public Health. (D) Assurance that the requester shall not sell, assign, or otherwise transfer the birth, death, or nonconfidential marriage record indices. (E) Assurance that the requester shall not use the birth or death record indices for fraudulent purposes. (6) Birth, death, and nonconfidential marriage record indices obtained pursuant to this subdivision, and any portion thereof, shall not be used for fraudulent purposes. (c) (1) The State Registrar shall prepare and maintain separate noncomprehensive indices of all California birth, death, and nonconfidential marriage records for purposes of law enforcement or preventing fraud. (2) For purposes of this section, noncomprehensive birth record indices for the purpose of preventing fraud shall be comprised of first, middle, and last name, sex, date of birth, place of birth, and mother’s maiden name. (3) For purposes of this section, noncomprehensive death record indices for the purpose of preventing fraud shall be comprised of first, middle, and last name, place of death, mother’s maiden name, sex, social security number, date of birth, place of birth, date of death, and father’s last name. (4) For purposes of this section, noncomprehensive nonconfidential marriage record indices for the purpose of preventing fraud shall be comprised of the name of each party to the marriage and the date of marriage. (5) The birth, death, and nonconfidential marriage record indices prepared pursuant to this subdivision shall be made available to financial institutions, as defined in Section 6827(4)(A) and (B) of Title 15 of the United States Code, its representatives or contractors, consumer credit reporting agencies, as defined in subdivision (d) of Section 1785.3 of the Civil Code, its representatives or contractors, those entities providing information services for purposes of law enforcement or preventing fraud, officers of the court for the sole purpose of verifying a death, and to persons or entities acting on behalf of law enforcement agencies or the court, or pursuant to a court order. (6) The death record indices prepared pursuant to this subdivision shall be made available to all of the following entities for the sole purpose of verifying a death to promote accuracy of patient records used for patient care, reporting, and quality improvement: (A) A health care service plan as defined in the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2) or a Medi-Cal managed care plan contracted with the State Department of Health Care Services to provide full scope benefits to a Medi-Cal enrollee pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8.75 (commencing with Section 14591) of, Part 3 of Division 9 of the Welfare and Institutions Code. (B) A health insurer licensed to provide health insurance as defined in Section 106 of the Insurance Code. (C) A physician organization as defined in Section 127500.2. (D) A health facility as defined in Section 1250, including a general acute care hospital. (7) The birth, death, and nonconfidential marriage record indices prepared pursuant to this subdivision may be released to a government agency. (8) Requesters of the birth, death, or nonconfidential marriage record indices prepared pursuant to this subdivision shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following: (A) An agreement not to release or allow public access to the birth, death, or nonconfidential marriage record indices, and an agreement not to post the indices on the internet, except as permitted by this subdivision. (B) The proposed use of the birth, death, or nonconfidential marriage record indices. (C) The names of all persons within the organization, if applicable, who will have access to the birth, death, or nonconfidential marriage record indices. (D) A disclaimer crediting analyses, interpretations, or conclusions reached regarding the birth, death, or nonconfidential marriage record indices to the author and not to the State Department of Public Health. (E) Assurance that technical descriptions of the birth, death, or nonconfidential marriage record indices are consistent with those provided by the State Department of Public Health. (F) Assurance that the requester shall not sell, assign, or otherwise transfer the birth, death, or nonconfidential marriage record indices, except as permitted by this subdivision. (G) Assurance that the requester shall not use the birth, death, or nonconfidential marriage record indices for fraudulent purposes. (9) (A) Birth, death, and nonconfidential marriage record indices, and any portion thereof, obtained pursuant to this section, shall not be used for fraudulent purposes and shall not be posted on the internet. (B) Notwithstanding subparagraph (A), individual information contained in birth, death, and nonconfidential marriage record indices may be posted on the internet if all of the following requirements are met: (i) The individual information is posted on an internet website that is protected by a password. (ii) The individual information is posted on an internet website that is available to subscribers only for a fee. (iii) The individual information is not posted for public display. (iv) The individual information is available to subscribers pursuant to a contractual agreement. (v) The individual information is posted for purposes of law enforcement or preventing fraud. (d) Mail-in requests from nongovernmental agencies for birth, death, and nonconfidential marriage record indices requested pursuant to subdivisions (b) and (c) shall include a notarized statement attesting to the identity of the requester. (e) Noncomprehensive birth, death, and nonconfidential marriage record indices pursuant to subdivisions (b) and (c) shall be updated annually. (f) (1) Birth, death, and nonconfidential marriage record indices provided pursuant to this section shall be made available subject to cost recovery provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) Notwithstanding paragraph (1), death record indices provided pursuant to this section by the State Department of Public Health shall be made available subject to reasonable cost recovery. Moneys collected for cost recovery pursuant to this paragraph shall be deposited with the Treasurer for credit to the Health Statistics Special Fund. (g) Noncomprehensive birth, death, and nonconfidential marriage record indices created by local registrars or county recorders shall be subject to the conditions for release required by this section. This subdivision does not apply to data required to be made available by paragraph (6) of subdivision (c). (h) A person or entity that obtains a birth, death, or nonconfidential marriage record index, or any portion thereof, from a requester who has obtained the index in accordance with paragraph (7) of subdivision (c) shall not sell, assign, or otherwise transfer that index, or any portion thereof, to a third party. (i) Paragraphs (2) and (3) of subdivision (a) and subdivisions (b) to (h), inclusive, shall be implemented only to the extent that funds for these purposes are appropriated by the Legislature in the annual Budget Act or other statute. (Amended by Stats. 2024, Ch. 492, Sec. 6. (SB 1511) Effective January 1, 2025.)
  164. 102231.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    This section restricts how certain birth, death, and marriage data files may be released and reused, and requires identity verification and signed assurances from requesters.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102231. (a) Notwithstanding any other law, birth data files, birth data files for public release, death data files for public release, death data files for purposes of law enforcement or preventing fraud, and nonconfidential marriage data files prepared and maintained by the State Registrar, local registrars, and county recorders shall only be released as follows: (1) Birth data files containing personal identifiers shall be subject to the same restrictions as the confidential portion of a birth certificate and shall only be released under the terms and conditions specified in Section 102430. (2) Birth data files for public release shall not contain the mother’s maiden name. (3) Death data files for public release shall not contain the mother’s maiden name and social security number. (4) Death data files for purposes of law enforcement or preventing fraud shall include the mother’s maiden name and social security number. Death data files prepared pursuant to this subdivision may be released to governmental agencies and to those entities described in paragraphs (5) and (6) of subdivision (c) of Section 102230. (5) Death data files containing personal identifying information may be released to persons expressing a valid scientific interest, as determined by the appropriate committee constituted for the protection of human subjects that is approved by the United States Department of Health and Human Services and has a general assurance pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (6) Nonconfidential marriage data files shall include the name of each party to the marriage and the date of the marriage. Nonconfidential marriage data files for public release shall not contain the maiden names of the mothers. (b) Requesters of birth, death, and nonconfidential marriage data files pursuant to this section shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following: (1) An agreement not to release the birth, death, or marriage data files and not to post the files on the internet, except as permitted by this subdivision. (2) An agreement not to provide public access to data files obtained pursuant to paragraphs (1) and (4) of subdivision (a). (3) The proposed use of the data file. (4) For data files obtained pursuant to paragraphs (1) and (4) of subdivision (a), the names of all persons within the organization, if applicable, who will have access to the data files. (5) A disclaimer that credits analyses, interpretations, or conclusions reached regarding the birth or death data files to the author and not to the State Department of Public Health. (6) Assurance that technical descriptions of the data files are consistent with those provided by the State Department of Public Health. (7) Assurance that the requester shall not sell, assign, or otherwise transfer the data files, except as permitted by subdivision (e). (8) Assurance that the requester shall not use the data files for fraudulent purposes. (c) Mail-in requests for birth, death, and nonconfidential marriage data files pursuant to this section shall include a notarized statement attesting to the identity of the requester. (d) (1) Birth, death, and nonconfidential marriage data files provided pursuant to this section shall be made available subject to cost recovery provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) Notwithstanding paragraph (1), death data files provided pursuant to this section by the State Department of Public Health shall be made available subject to reasonable cost recovery. Moneys collected for cost recovery pursuant to this paragraph shall be deposited with the Treasurer for credit to the Health Statistics Special Fund. (e) (1) Birth, death, and nonconfidential marriage data files, and any portion thereof, obtained pursuant to this section, shall not be used for fraudulent purposes and shall not be posted on the internet. (2) Notwithstanding paragraph (1), individual information contained in death data files obtained pursuant to paragraph (4) of subdivision (a) may be posted on the internet if all of the following requirements are met: (A) The information is posted on an internet website that is protected by a password. (B) The information is posted on an internet website that is available to subscribers only for a fee. (C) The information is not posted for public display. (D) The information is available to subscribers pursuant to a contractual agreement. (E) The information is posted for purposes of law enforcement or preventing fraud. (f) A person or entity that obtains a birth, death, or nonconfidential marriage data file, or any portion thereof, from a requester who has obtained the data file in accordance with subdivision (b) shall not sell, assign, or otherwise transfer that data file, or any portion thereof, to a third party. (g) This section shall be implemented only to the extent that funds for these purposes are appropriated by the Legislature in the annual Budget Act or other statute. (Amended by Stats. 2024, Ch. 492, Sec. 7. (SB 1511) Effective January 1, 2025.)
  165. 102232.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Violating Sections 102230 or 102231 can lead to denial of access to department indices or data files, and is a misdemeanor punishable by up to one year in county jail, a $1,000 fine, or both.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102232. (a) (1) Any person who violates Section 102230 or 102231 may be denied further access to the indices or data files maintained by the department. (2) Any person who violates Section 102230 or 102231 is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a period not to exceed one year, or a fine of one thousand dollars ($1,000), or by both the imprisonment and fine, for each violation. (3) The penalties described in paragraphs (1) and (2) shall not be construed to limit any other remedies provided by law. (b) Notwithstanding Section 126 of the Penal Code, the crime of perjury specified in paragraph (4) of subdivision (b) of Section 102230, paragraph (6) of subdivision (c) of Section 102230, and subdivision (b) of Section 102231, shall be punishable as a misdemeanor. (c) Paragraph (1) of subdivision (a) shall be implemented only to the extent that funds for these purposes are appropriated by the Legislature in the annual Budget Act or other statute. (Added by Stats. 2002, Ch. 712, Sec. 3. Effective January 1, 2003.)
  166. 102233.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must create a county-disaggregated document about certain marriage certificates involving minors, update it yearly, and make it available to the public on request.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102233. (a) The State Registrar shall create a document no later than March 1, 2020, with annual updates no later than March 1 of each year thereafter, disaggregated by county, containing only the information received by a local registrar during the preceding calendar year pursuant to subdivision (a) of Section 102356, concerning marriage certificates in which one or both of the parties were minors at the time of solemnization of the marriage. (b) The document shall not contain the names, addresses, or other personal identifying information of parties to a marriage certificate, or any information identifying a marriage certificate. The document shall not contain a marriage certificate or a copy of the court order described in Section 304 of the Family Code. (c) The State Registrar shall make the document available to the public upon request. (Added by Stats. 2018, Ch. 660, Sec. 10. (SB 273) Effective January 1, 2019.)
  167. 102233.1.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must create and publish a county-level report about certain marriage certificates involving minors, while omitting personal identifying information and copies of certificates or related court orders.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102233.1. (a) (1) The State Registrar shall create a report, disaggregated by county, containing the number of marriage certificates that were transmitted to the State Registrar by a local registrar pursuant to Section 102355 each year between 2019 and 2024, inclusive, in which one or both of the parties were minors at the time of solemnization of the marriage. (2) The report shall itemize, for each marriage, the ages of each party to the marriage and the gender of each party, if available. (b) Every marriage in which one or both of the parties were minors at the time of solemnization of the marriage shall be counted in the report, whether the marriage was submitted to the State Registrar by a local registrar pursuant to Section 102356. (c) The report shall not contain the names, addresses, or other personal identifying information of parties to a marriage certificate or information identifying a marriage certificate. The report shall not contain a marriage certificate or, if applicable, a copy of the court order described in Section 304 of the Family Code. (d) The report shall compare the total number of marriage certificates counted pursuant to subdivision (a) to the number of marriages reported by each county, each year, pursuant to Section 102356. (e) (1) On or before September 1, 2027, the State Registrar shall publish the report on its internet website and submit a copy of the report to the Legislature and the relevant policy committees. (2) The State Registrar shall submit the report required in paragraph (1) in accordance with Section 9795 of the Government Code. (f) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2024, Ch. 984, Sec. 1. (SB 575) Effective January 1, 2025. Repealed as of January 1, 2028, by its own provisions.)
  168. 102235.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar may destroy original birth, death, and marriage records filed under this part if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102235. Notwithstanding any other provisions of law relating to retention of public records, the State Registrar may cause the original records of birth, death and marriage filed under this part to be destroyed if all of the following requirements have been met: (a) One year has elapsed since the date of registration of the records. (b) The birth, death, or marriage records have been reproduced onto microfilm or optical disk or by any other technique that does not permit additions, deletions, or changes to the original document in compliance with Section 12168.7 for recording of permanent records or nonpermanent records. (c) Adequate provisions are made that the permanent storage medium reflects additions or corrections to the records. (d) A permanent copy is maintained in a manner that permits it to be used for all purposes served by the original record. (e) A permanent copy has been stored at a separate physical location in a place and manner that will reasonably assure its preservation indefinitely against loss or destruction. (Amended by Stats. 2000, Ch. 569, Sec. 10. Effective January 1, 2001.)
  169. 102240.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    A certified photographic reproduction of a record on permanent storage under this chapter counts as certification of the original record.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102240. Any certified photographic reproduction of any record stored on a permanent storage medium under this chapter shall be deemed to be a certification of the original record. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  170. 102245.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must check death certificates against birth records, update the birth record or index when a match is found, send counties a monthly list of deceased registrants, and local registrars or county recorders must update their files after receiving it.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102245. On and after January 1, 1978, whenever the State Registrar receives a death certificate from a local registrar, the State Registrar shall determine whether the state records contain the birth certificate of the deceased or a reproduction thereof as authorized under this chapter. If the State Registrar has such a record of birth, it shall be revised to indicate the date of the death of the registrant, or, alternatively, a notation to that effect shall be entered in the State Registrar’s index of births adjacent to the name of the deceased. The State Registrar, pursuant to an ongoing program, shall distribute, without charge, on a monthly basis to each county, a list of deceased registrants to enable local registrars and recorders to update their files. Upon receipt of such a list the local registrar or county recorder shall revise the local records or indexes accordingly. Subject to the availability of funds appropriated for that purpose, the State Registrar may similarly revise or index birth records of registrants whose death certificates were filed prior to January 1, 1978. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  171. 102247.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    This section creates the Health Statistics Special Fund and limits how its money may be spent.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102247. (a) There is hereby created in the State Treasury the Health Statistics Special Fund. The fund shall consist of revenues, including, but not limited to, all of the following: (1) Fees or charges remitted to the State Registrar for record search or issuance of certificates, permits, registrations, or other documents pursuant to Chapter 3 (commencing with Section 26801) of Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4 (commencing with Section 102525), Chapter 5 (commencing with Section 102625), Chapter 8 (commencing with Section 103050), and Chapter 15 (commencing with Section 103600) of Part 1 of Division 102 of this code. (2) Funds remitted to the State Registrar by the federal Social Security Administration for participation in the enumeration at birth program. (3) Funds remitted to the State Registrar by the National Center for Health Statistics pursuant to the federal Vital Statistics Cooperative Program. (4) Any other funds collected by the State Registrar, except Children’s Trust Fund fees collected pursuant to Section 18966 of the Welfare and Institutions Code and fees allocated to the Judicial Council pursuant to Section 1852 of the Family Code, all of which shall be deposited into the General Fund. (b) Moneys in the Health Statistics Special Fund shall be expended by the State Registrar for the purpose of funding its existing programs and programs that may become necessary to carry out its mission, upon appropriation by the Legislature. (c) Health Statistics Special Fund moneys shall be expended only for the purposes set forth in this section and Section 102249, and shall not be expended for any other purpose or for any other state program. (d) It is the intent of the Legislature that the Health Statistics Special Fund provide for the following: (1) Registration and preservation of vital event records and dissemination of vital event information to the public. (2) Data analysis of vital statistics for population projections, health trends and patterns, epidemiologic research, and development of information to support new health policies. (3) Development of uniform health data systems that are integrated, accessible, and useful in the collection of information on health status. (e) This section shall become operative on January 1, 2023. (Amended (as amended by Stats. 2011, Ch. 296, Sec. 170) by Stats. 2017, Ch. 38, Sec. 5. (AB 114) Effective July 10, 2017. Section operative January 1, 2023, by its own provisions.)
  172. 102249.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must spend money from the Health Statistics Special Fund, but only if the Legislature appropriates it.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102249. (a) The State Registrar shall expend funds in the Health Statistics Special Fund, upon appropriation by the Legislature, for all of the following: (1) Support existing programs within the State Registrar’s office. (2) Implement and support new programs within the State Registrar’s office that meet its goals and objectives. (3) Build a data system that will support policy analysis and program decisions at all levels, be useful to health care providers, local and community agencies, and the state, and ultimately benefit consumers of health care services. (4) Develop and maintain public health data bases. (5) Access and analyze data in order to develop and evaluate California’s health policy. (6) Conduct special studies and prepare statistical reports concerning the health status of Californians. (7) Develop and maintain an automation system for vital event registration. (8) Disseminate vital event information and statistical reports to the public. (b) This section shall become operative on July 1, 1995. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  173. 102250.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must establish a grant program, if appropriated, to study extralegal marriages involving minors.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. State Administration [102175 - 102250] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102250. (a) (1) The State Registrar shall, upon appropriation, establish a grant program for the purpose of studying extralegal marriages involving minors in the state. (2) An “extralegal marriage involving minors” means a marriage in which one or both of the parties is under 18 years of age, and the marriage was not solemnized in accordance with the laws of this state, including, but not limited to, circumstances in which no marriage license was applied for, no marriage certificate was returned, or court approval was not sought. (b) (1) A report completed through the grant program shall address the prevalence of, conditions of, and circumstances surrounding extralegal marriages in the state and include both qualitative and quantitative data. (2) A report completed through the grant program shall not include personal identifying information about any person discussed in the report. (Added by Stats. 2024, Ch. 984, Sec. 2. (SB 575) Effective January 1, 2025.)
  174. 102275.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    An approved local health department’s health officer serves as the local registrar for the health jurisdiction and must perform the duties of local registrar for births and deaths.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102275. The health officer of any approved local health department, as defined in Article 1 (commencing with Section 101175) of Part 3 of Division 101 and approved thereunder, is the local registrar in and for all registration districts within that health jurisdiction and shall perform all the duties of local registrar of births and deaths. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  175. 102280.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must appoint a local registrar of births and deaths for each registration district in other areas, and may remove the appointee immediately for failure or neglect of duty.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102280. In other areas, the State Registrar shall appoint a local registrar of births and deaths for each registration district, whose term of office shall be four years. The State Registrar may remove such appointee forthwith for failure or neglect to perform his or her duty. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  176. 102285.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The county recorder serves as the local registrar of marriages and must perform all of that registrar’s duties.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102285. The county recorder is the local registrar of marriages and shall perform all the duties of the local registrar of marriages. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  177. 102290.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    An assistant or deputy of a local registrar may carry out the local registrar’s duties, acting in the principal’s name and place.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102290. Each assistant or deputy of a local registrar may perform all of the duties of the local registrar in the name and place of his or her principal. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  178. 102295.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Local registrars must enforce this part in their districts and immediately report any known violations to the State Registrar.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102295. Each local registrar is hereby charged with the enforcement of this part in his or her registration district under the supervision and direction of the State Registrar and shall make an immediate report to the State Registrar of any violation of this law coming to his or her knowledge. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  179. 102300.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Each local registrar must supply blank forms to people who need them.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102300. Each local registrar shall supply blank forms to persons who require them. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  180. 102305.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar of births and deaths must examine each certificate before accepting it for registration and must request more information if a certificate is not completed according to State Registrar policies.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102305. The local registrar of births and deaths shall carefully examine each certificate before acceptance for registration and, if any are not completed in a manner consistent with the policies established by the State Registrar, he or she shall require further information to be furnished as may be necessary to make the record consistent with those policies before acceptance for registration. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  181. 102310.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar of marriages must review each marriage license before accepting it for registration and must ask for more information if the license is incomplete or unsatisfactory.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102310. The local registrar of marriages shall carefully examine each license before acceptance for registration and, if it is incomplete or unsatisfactory, he or she shall require any further information to be furnished as may be necessary to make the record satisfactory before acceptance for registration. (Amended by Stats. 2006, Ch. 816, Sec. 42. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  182. 102315.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar must sign each certificate and attest to the date it was accepted for registration.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102315. The local registrar shall affix his or her signature to each certificate in attest to the date of acceptance for registration in his or her office. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  183. 102320.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar must number live birth, fetal death, and death certificates consecutively in separate series, starting at 1 for the first event each calendar year.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102320. The local registrar shall number the certificates of live birth, fetal death, and death consecutively in separate series, beginning with number one for the first event in each calendar year. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  184. 102325.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar must number each marriage certificate consecutively, starting with 1 each calendar year.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102325. The local registrar shall number each marriage certificate consecutively beginning with the number one for either the first event occurring, or first event registered in, each calendar year. Numbering may be based on either the year that the event occurs or the year of registration. (Amended by Stats. 2006, Ch. 816, Sec. 43. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  185. 102330.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar must make a complete and accurate copy of each certificate accepted for registration and keep it in the local registrar’s office.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102330. The local registrar shall make a complete and accurate copy of each certificate accepted for registration and shall preserve it in his or her office as the local registrar’s copy of the record in the manner directed by the State Registrar. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  186. 102335.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Local registrars of births and deaths must send copies of original birth and death certificates to the county recorder and forward the originals to the State Registrar.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102335. Each local registrar of births and deaths shall transmit a copy of each original birth certificate and death certificate to the county recorder for the special county record, and shall, at the same time, forward the original certificates to the State Registrar pursuant to Section 102345. (Repealed and added by Stats. 2018, Ch. 147, Sec. 2. (AB 2561) Effective January 1, 2019.)
  187. 102345.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar of births and deaths must send the State Registrar all original certificates accepted for registration, every week.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102345. (a) The local registrar of births and deaths shall transmit each week to the State Registrar all original certificates accepted for registration by him or her during the preceding week. (b) This section shall become operative on January 1, 1993. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  188. 102346.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar of births and deaths must send the Department of Industrial Relations a monthly copy of each death certificate marked as work-related and accepted for registration.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102346. (a) The local registrar of births and deaths shall transmit each month to the Department of Industrial Relations a copy of each certificate of death for which the death has been marked as work-related and which was accepted for registration by him or her during the preceding month. (b) This section shall become operative on January 1, 2003. (Amended by Stats. 2012, Ch. 46, Sec. 75. (SB 1038) Effective June 27, 2012.)
  189. 102350.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The county board of supervisors may, by resolution, require the local registrar to send death certificate copies to the physician and surgeon named in the certificate.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102350. The county board of supervisors may, by resolution, require the local registrar to send a copy of each certificate of death to the physician and surgeon whose statement appears on the certificate pursuant to Section 102825. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  190. 102355.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar of marriages must send original marriage certificates to the State Registrar at least quarterly, and the certificates must be grouped by the calendar year of the event before transmission.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102355. The local registrar of marriages shall transmit to the State Registrar not less than quarterly all original marriage certificates accepted for registration by him or her during the preceding quarter. Certificates shall be batched by calendar year of event prior to transmission. Certificates may be transmitted at more frequent intervals by arrangement with the State Registrar. (Amended by Stats. 2006, Ch. 816, Sec. 44. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  191. 102356.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar of marriages must send certain annual marriage-certificate information to the State Registrar, while excluding personal identifying information and related documents, and may later dispose of specified records under timing rules.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102356. (a) For purposes of Section 102233, the local registrar of marriages shall submit to the State Registrar, at least annually, all of the following information concerning marriage certificates that are accepted for registration by them during the same calendar year and in which one or both of the parties were minors at the time of solemnization of the marriage: (1) The total number of those marriage certificates. (2) Itemized for each of those marriage certificates, the age of each party at the time of solemnization of the marriage. (3) Itemized for each of those marriage certificates, the gender of each party, if available. (b) The information submitted to the State Registrar pursuant to subdivision (a) shall not contain the names, addresses, or other personal identifying information of parties to a marriage certificate or information identifying a marriage certificate. The information shall not contain a marriage certificate or a copy of the court order described in Section 304 of the Family Code. (c) The local registrar of marriages shall not submit information described in paragraphs (1) to (3), inclusive, of subdivision (a) if no marriage certificate described in subdivision (a) is accepted for registration by them during the same calendar year. (d) (1) Notwithstanding any other law, no earlier than two years after the local registrar of marriages submits the information described in subdivision (a) to the State Registrar, the local registrar may dispose of that information. (2) Notwithstanding any other law, immediately after the local registrar of marriages submits the information described in subdivision (a) to the State Registrar, the local registrar may dispose of the copy of the court order received from the person solemnizing the marriage pursuant to Section 423 of the Family Code. (e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Public Health may implement this section through an all-county letter or similar instruction from the State Registrar without taking regulatory action. (Amended by Stats. 2024, Ch. 984, Sec. 3. (SB 575) Effective January 1, 2025.)
  192. 102360.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local registrar of births and deaths must send a monthly death notification by the 15th day of each month to the registrar of voters or county clerk.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102360. The local registrar of births and deaths shall furnish to the registrar of voters or county clerk not later than the 15th day of each month a notification of all deceased persons 18 years of age and over whose deaths were registered with him or her or of whose deaths he or she was notified by the state registrar of vital statistics during the preceding month. This notification shall include at least the name, social security number, sex, age, birthplace, birthdate, place of residence, and date and place of death for each decedent. Copies of this notification list shall be sent at the same time to the county welfare department and the local district social security office. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  193. 102365.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    A local registrar must dispose of its copies of birth and death records after two years if the originals are on file with the State Registrar and county recorder copies exist, subject to State Registrar approval and supervision.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102365. (a) Notwithstanding any other law, a local registrar of births and deaths, after two years from the date of registration and with the approval of, and under the supervision of, the State Registrar, shall dispose of the local registrar’s copies of the records, if both of the following exist: (1) The original copies of the records are on file in the office of the State Registrar. (2) Copies of the records are on file in the office of the county recorder. If the county recorder does not have copies of the records, the county recorder may accept the State Registrar’s copies as a special county record of the events. (b) Notwithstanding subdivision (a), a local health jurisdiction that exclusively serves cities may issue a record older than two years if the record issued is the most accurate record on file with the State of California. (Amended by Stats. 2019, Ch. 188, Sec. 1. (AB 1152) Effective January 1, 2020.)
  194. 102370.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The local custodian of records may receive and keep certain birth or death records filed before July 1, 1905, as special county records.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102370. The local custodian of records is hereby authorized to receive original records or abstracts of records of any birth or death that were filed with any political subdivision prior to July 1, 1905, and to retain them as a special county record of the events. (Amended by Stats. 1996, Ch. 889, Sec. 1. Effective January 1, 1997.)
  195. 102375.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The public may inspect certain county-filed birth and death records, subject to regulations adopted for local registrars. The section also does not authorize use of a marked certificate for compiling a business contact list.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102375. Special county records of birth certificates and death certificates transmitted and filed with the county recorder under this article shall be open for inspection by the public in accordance with regulations adopted by the department for local registrars. Nothing in this section shall authorize the use of a certificate marked pursuant to subdivision (a) of former Section 10056.5 by any person compiling a business contact list. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  196. 102380.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Certain local officials may transfer specified death and marriage records to a nonprofit or public agency, which must preserve the records, allow access, and not photocopy or sell copies.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102380. The county recorder and the local registrar of births and deaths, with the approval and under the supervision of the State Registrar and with the approval of the board of supervisors of any county or city and county by ordinance, may authorize the transfer of special county records of deaths and marriages and local registrar’s records of deaths for events that occurred subsequent to July 1, 1905, to a private nonprofit agency or public agency that shall preserve the records for local public use. The receiving agency shall protect and preserve the records to assure access for any person who has a need or interest in reviewing the records, and shall prohibit the photocopying or sale of copies of the records, but may convert the records to microform format. If the office of the local registrar or the county recorder does not have copies of the records, that office is hereby authorized to accept them from the county recorder or local registrar. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  197. 102385.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    If certain agencies cannot ensure continued preservation and protection of copied records for public use, they must return the records to the contributing local registrar or county recorder.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102385. If a public agency or private nonprofit agency that receives copies of records pursuant to this section is unable to assure the continued preservation and protection of those records for public use, the records shall be returned to the contributing local registrar or county recorder. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  198. 102390.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Records of death and marriage transferred under Section 102380 are exempt from Sections 102230 and 103245.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102390. Any record of death and marriage transferred to a public agency or private nonprofit agency pursuant to Section 102380 is exempt from Sections 102230 and 103245. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  199. 102395.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Special county and local registrar birth, death, and marriage records are subject to specified Government Code sections.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Administration [102175 - 102395] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Local Administration [102275 - 102395] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102395. Special county records of birth, death, and marriage and the local registrar’s records of birth, death, and marriage shall be subject to Sections 26205.5 and 26205.7 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  200. 102400.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 3. Live Birth Registration [102400 - 102520] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Duty of Registering Live Birth [102400 - 102415] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Each live birth must be registered with the local registrar for the district where the birth occurred within 21 days.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 3. Live Birth Registration [102400 - 102520] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Duty of Registering Live Birth [102400 - 102415] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 102400. Each live birth shall be registered with the local registrar of births and deaths for the district in which the birth occurred within 21 days following the date of the event. (Amended by Stats. 2022, Ch. 34, Sec. 1. (AB 2176) Effective January 1, 2023.)

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