Health and Safety Code — Part 30 | HSC — United States — California law | Esheria

Health and Safety Code

Part 30 of 87 · provisions 5,801–6,000

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

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

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.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 128690.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Two types of intermediate care facilities are exempt from this chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128690. Intermediate care facilities/developmentally disabled—nursing, as defined in subdivision (h) of Section 1250, and intermediate care facilities/developmentally disabled-continuous nursing, as defined in subdivision (m) of Section 1250, are not subject to this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 195. (AB 133) Effective July 27, 2021.)
  2. 128700.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128700. As used in this chapter, the following terms mean: (a) “Ambulatory surgery procedures” mean those procedures performed on an outpatient basis in the general operating rooms, ambulatory surgery rooms, endoscopy units, or cardiac catheterization laboratories of a hospital or a freestanding ambulatory surgery clinic. (b) “Emergency department” means, in a hospital licensed to provide emergency medical services, the location in which those services are provided. (c) “Encounter” means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient. (d) “Freestanding ambulatory surgery clinic” means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204. (e) “Health facility” or “health facilities” means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. (f) “Hospital” means all health facilities except skilled nursing, intermediate care, congregate living, and hospice health facilities. (g) “Department” means the Department of Health Care Access and Information. (h) “Risk-adjusted outcomes” means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors. (Amended by Stats. 2021, Ch. 143, Sec. 196. (AB 133) Effective July 27, 2021.)
  3. 128705.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    References in this code to the Advisory Health Council or the California Health Policy and Data Advisory Commission are deemed to refer to the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128705. On and after January 1, 1986, any reference in this code to the Advisory Health Council or the California Health Policy and Data Advisory Commission shall be deemed a reference to the department. (Amended by Stats. 2021, Ch. 143, Sec. 197. (AB 133) Effective July 27, 2021.)
  4. 128730.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department is designated as the single state agency to collect certain health facility or clinic data, and related agencies must protect patient confidentiality and follow oversight requirements.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128730. (a) Effective January 1, 1986, the department shall be the single state agency designated to collect the following health facility or clinic data for use by all state agencies: (1) Data required by the department pursuant to Section 127285. (2) Data required in the Medi-Cal cost reports pursuant to Section 14170 of the Welfare and Institutions Code. (3) Data items formerly required by the California Health Facilities Commission that are listed in Sections 128735 and 128740. Information collected pursuant to subdivision (g) of Section 128735 and Sections 128736 and 128737 shall be made available to the State Department of Health Care Services, the State Department of Public Health, and the California Health Benefit Exchange. The departments and the Exchange shall ensure that the patient’s rights to confidentiality shall not be violated in any manner. The departments and the Exchange shall comply with all applicable policies and requirements involving review and oversight by the State Committee for the Protection of Human Subjects. (b) The department shall consolidate any and all of the reports listed under this section or Sections 128735 and 128740, to the extent feasible, to minimize the reporting burdens on hospitals, provided, however, that the department shall neither add nor delete data items from the Hospital Discharge Abstract Data Record or the quarterly reports without prior authorizing legislation, unless specifically required by federal law or regulation or judicial decision. (c) The Exchange shall report to the Governor and the Legislature on or before August 1, 2023, on the impacts to the Exchange associated with paragraph (3) of subdivision (a), including the impacts on premium rates for health plans offered through the Exchange. The report shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 143, Sec. 198. (AB 133) Effective July 27, 2021.)
  5. 128734.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Skilled nursing facility organizations must report related-party ownership or control interests and disclose certain services and supporting documents to the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128734. (a) Each organization that operates, conducts, owns, or maintains a skilled nursing facility licensed pursuant to subdivision (c) of Section 1250 shall file with the department as part of the information required in subdivisions (a) to (e), inclusive, of Section 128735, whether the licensee, or a general partner, director, or officer of the licensee, has an ownership or control interest of 5 percent or more in a related party that provides any service to the skilled nursing facility. If the licensee, or the general partner, director, or officer of the licensee has such an interest, the licensee shall disclose all services provided to the skilled nursing facility, the number of individuals who provide that service at the skilled nursing facility, and any other information requested by the department. If goods, fees, and services collectively worth ten thousand dollars ($10,000) or more per year are delivered to the skilled nursing facility, the disclosure required pursuant to this subdivision shall include the related party’s profit and loss statement, and the Payroll-Based Journal public use data of the previous quarter for the skilled nursing facility’s direct caregivers. (b) For purposes of this section, all of the following definitions shall apply: (1) “Direct caregiver” shall have the same meaning as that term is defined in Section 1276.65. (2) “Profit and loss statement” means the most recent annual statement on profits and losses finalized by a related party for the most recent year available. (3) “Related party” means an organization related to the licensee provider or that is under common ownership or control, as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations. (c) Current licensees shall provide the information required by this section to the department in a manner prescribed by the department. (d) The provisions of this section shall become effective on January 1, 2020. (Amended by Stats. 2021, Ch. 143, Sec. 199. (AB 133) Effective July 27, 2021.)
  6. 128734.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain skilled nursing facility organizations must prepare and file an annual consolidated financial report with the office, and the report must be reviewed or audited and supported by specified attachments and certification.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128734.1. (a) (1) Commencing with fiscal years ending December 31, 2023, an organization that operates, conducts, owns, manages, or maintains a skilled nursing facility or facilities licensed pursuant to subdivision (c) of Section 1250 shall prepare and file with the office, at the times as the office shall require, an annual consolidated financial report. (2) The annual consolidated financial report required to be prepared pursuant to paragraph (1) shall be reviewed by a certified public accountant in accordance with generally accepted accounting principles and with the Financial Accounting Standards Board’s financial reporting requirements, with financial statements prepared using the accrual basis. If the organization has prepared an audit by a certified public accountant of its annual consolidated financial report for any reason, that audit shall be filed with the office, and, in that instance, no review of the consolidated financial report shall be necessary. The reviewed or audited report, as applicable, shall, in addition to the requirements set forth in Section 128735, include, but not be limited to, the following statements: (A) A balance sheet detailing the assets, liabilities, and net worth at the end of its fiscal year. (B) A statement of income, expenses, and operating surplus or deficit for the annual fiscal period, and a statement of ancillary utilization and patient census. (C) A statement detailing patient revenue by payer, including, but not limited to, Medicare, Medi-Cal, and other payers, and revenue center. (D) A statement of cashflows, including, but not limited to, ongoing and new capital expenditures and depreciation. (E) A combined financial statement that includes all entities reported in the consolidated financial report, unless the organization is prohibited from including a combined financial statement in a consolidated financial report pursuant to a state or federal law or regulation or a national accounting standard. When applicable, the organization must disclose to the office the applicable state or federal law or regulation or national accounting standard. (3) In addition to the consolidated financial report, the following information shall be provided to the office as an attachment to the consolidated financial report: (A) The financial information required by paragraph (2) of subdivision (a) from all operating entities, licenseholders, and related parties in which the organization has an ownership or control interest of 5 percent or more and that provides any service, facility, or supply to the skilled nursing facility. (B) A detailed document outlining a visual representation of the organization’s structure that includes both of the following: (i) All related parties in which the organization has an ownership or control interest of 5 percent or more and that provides any service, facility, or supply to the skilled nursing facility. (ii) Unrelated parties that provide services, facilities, or supplies to the skilled nursing facility or facilities that are operated, conducted, owned, managed, or maintained by the organization, including, but not limited to, management companies and property companies, and that are paid more than two hundred thousand dollars ($200,000) by the skilled nursing facility. (b) The office shall post reports and related documents submitted pursuant to this section to its internet website. (c) Any report, document, statement, writing or any other type of record received, owned, used, or retained by the office in connection with this section is a public record within the meaning of Section 7922.505 of the Government Code and is subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) The office shall develop policies and procedures to outline the format of information to be submitted pursuant to this section. The office shall determine if the information submitted pursuant to subdivision (a) is complete, but shall not be required to determine its accuracy. (e) For the purposes of this section, “related party” has the same meaning as in Section 128734, and may include, but is not limited to, home offices; management organizations; owners of real estate; entities that provide staffing, therapy, pharmaceutical, marketing, administrative management, consulting, and insurance services; providers of supplies and equipment; financial advisors and consultants; banking and financial entities; any and all parent companies, holding companies, and sister organizations; and any entity in which an immediate family member of an owner of those organizations has an ownership interest of 5 percent or more. “Immediate family member” includes spouse, natural parent, child, sibling, adopted child, adoptive parent, stepparent, stepchild, stepsister, stepbrother, father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandparent, and grandchild. (f) This section shall not apply to a facility operated by a health care district organized and governed pursuant to the Local Healthcare District Law (Division 23 (commencing with Section 32000)). (g) This section shall not apply to an organization that has no related parties as defined in subdivision (e), except that the organization is required to submit a detailed document outlining a visual representation of the organization’s structure as set forth in subparagraph (B) of paragraph (3) of subdivision (a). This section shall not be construed to require a government entity licenseholder, that is not a related party, to file a consolidated financial report for a nursing home management company that operates under its license. (h) Consistent with the reports and requirements required for subdivisions (a) to (e), inclusive, of Section 128735 and Section 128740, all information submitted pursuant to this section shall be accompanied by a report certification signed by a duly authorized official of the health facility or of the health facility’s home office that certifies that, to the best of the official’s knowledge and information, each statement and amount in the accompanying report is believed to be true and correct. (Amended by Stats. 2022, Ch. 28, Sec. 108. (SB 1380) Effective January 1, 2023.)
  7. 128735.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain health facility operators and officers must file specified reports with the department, and hospitals must use ICD coding for diagnoses and procedures.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128735. An organization that operates, conducts, owns, or maintains a health facility, and the officers thereof, shall make and file with the department, at the times as the department shall require, all of the following reports on forms specified by the department that are in accord, if applicable, with the systems of accounting and uniform reporting required by this part, except that the reports required pursuant to subdivision (g) shall be limited to hospitals: (a) A balance sheet detailing the assets, liabilities, and net worth of the health facility at the end of its fiscal year. (b) A statement of income, expenses, and operating surplus or deficit for the annual fiscal period, and a statement of ancillary utilization and patient census. (c) A statement detailing patient revenue by payer, including, but not limited to, Medicare, Medi-Cal, and other payers, and revenue center. (d) A statement of cashflows, including, but not limited to, ongoing and new capital expenditures and depreciation. (e) (1) A statement reporting the information required in subdivisions (a), (b), (c), and (d) for each separately licensed health facility operated, conducted, or maintained by the reporting organization. (2) Notwithstanding paragraph (1), a health facility that receives a preponderance of its revenue from associated comprehensive group practice prepayment health care service plans and that is operated as a unit of a coordinated group of health facilities under common management may report the information required pursuant to subdivisions (a) and (d) for the group and not for each separately licensed health facility. (f) Data reporting requirements established by the department shall be consistent with national standards, as applicable. (g) A Hospital Discharge Abstract Data Record that includes all of the following: (1) Date of birth. (2) Sex. (3) Race. (4) ZIP Code. (5) Preferred language spoken. (6) Patient social security number, if it is contained in the patient’s medical record. (7) Prehospital care and resuscitation, if any, including all of the following: (A) “Do not resuscitate” (DNR) order on admission. (B) “Do not resuscitate” (DNR) order after admission. (8) Admission date. (9) Source of admission. (10) Type of admission. (11) Discharge date. (12) Principal diagnosis and whether the condition was present on admission. (13) Other diagnoses and whether the conditions were present on admission. (14) External causes of morbidity and whether present on admission. (15) Principal procedure and date. (16) Other procedures and dates. (17) Total charges. (18) Disposition of patient. (19) Expected source of payment. (20) Elements added pursuant to Section 128738. (h) It is the intent of the Legislature that the patient’s rights of confidentiality shall not be violated in any manner. Patient social security numbers and other data elements that the department believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (i) A person reporting data pursuant to this section shall not be liable for damages in an action based on the use or misuse of patient-identifiable data that has been mailed or otherwise transmitted to the department pursuant to the requirements of subdivision (g). (j) A hospital shall use coding from the International Classification of Diseases in reporting diagnoses and procedures. (k) On or before July 1, 2021, the department shall promulgate regulations as necessary to implement subdivision (e). A health facility that receives a preponderance of its revenue from associated comprehensive group practice prepayment health care service plans and that is operated as a unit of a coordinated group of health facilities under common management shall comply with the reporting requirements of subdivisions (b), (c), and (e) once the department finalizes related regulations. (Amended by Stats. 2022, Ch. 28, Sec. 109. (SB 1380) Effective January 1, 2023.)
  8. 128736.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Each hospital must file an Emergency Care Data Record for each emergency-department patient encounter, and the record must include specified patient and encounter data.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128736. (a) Each hospital shall file an Emergency Care Data Record for each patient encounter in a hospital emergency department. The Emergency Care Data Record shall include all of the following: (1) Date of birth. (2) Sex. (3) Race. (4) Ethnicity. (5) Preferred language spoken. (6) ZIP Code. (7) Patient social security number, if it is contained in the patient’s medical record. (8) Service date. (9) Principal diagnosis. (10) Other diagnoses. (11) External causes of morbidity. (12) Principal procedure. (13) Other procedures. (14) Disposition of patient. (15) Expected source of payment. (16) Elements added pursuant to Section 128738. (b) It is the expressed intent of the Legislature that the patient’s rights of confidentiality shall not be violated in any manner. Patient social security numbers and any other data elements that the department believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) No person reporting data pursuant to this section shall be liable for damages in any action based on the use or misuse of patient-identifiable data that has been mailed or otherwise transmitted to the department pursuant to the requirements of subdivision (a). (d) Data reporting requirements established by the department shall be consistent with national standards as applicable. (e) This section shall become operative on January 1, 2004. (Amended by Stats. 2023, Ch. 131, Sec. 132. (AB 1754) Effective January 1, 2024.)
  9. 128737.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Hospitals and freestanding ambulatory surgery clinics must file an Ambulatory Surgery Data Record for each qualifying patient encounter, and the record must include specified data elements.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128737. (a) Each general acute care hospital and freestanding ambulatory surgery clinic shall file an Ambulatory Surgery Data Record for each patient encounter during which at least one ambulatory surgery procedure is performed. The Ambulatory Surgery Data Record shall include all of the following: (1) Date of birth. (2) Sex. (3) Race. (4) Ethnicity. (5) Preferred language spoken. (6) ZIP Code. (7) Patient social security number, if it is contained in the patient’s medical record. (8) Service date. (9) Principal diagnosis. (10) Other diagnoses. (11) Principal procedure. (12) Other procedures. (13) External causes of morbidity. (14) Disposition of patient. (15) Expected source of payment. (16) Elements added pursuant to Section 128738. (b) It is the expressed intent of the Legislature that the patient’s rights of confidentiality shall not be violated in any manner. Patient social security numbers and any other data elements that the department believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) No person reporting data pursuant to this section shall be liable for damages in any action based on the use or misuse of patient-identifiable data that has been mailed or otherwise transmitted to the office pursuant to the requirements of subdivision (a). (d) Data reporting requirements established by the department shall be consistent with national standards as applicable. (e) This section shall become operative on January 1, 2004. (Amended by Stats. 2022, Ch. 28, Sec. 111. (SB 1380) Effective January 1, 2023.)
  10. 128738.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must manage changes to patient-level data elements under regulations, consider specified factors before changing them, and keep net additions to each data set within a 15-element limit over five years, with an exemption for certain HIPAA-related elements.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128738. (a) The department shall allow and provide for, in accordance with appropriate regulations, additions or deletions to the patient level data elements listed in subdivision (g) of Section 128735, Section 128736, and Section 128737, to meet the purposes of this chapter. (b) Prior to any additions or deletions, all of the following shall be considered: (1) Utilization of sampling to the maximum extent possible. (2) Feasibility of collecting data elements. (3) Costs and benefits of collection and submission of data. (4) Exchange of data elements as opposed to addition of data elements. (c) The department shall add no more than a net of 15 elements to each data set over any five-year period. Elements contained in the uniform claims transaction set or uniform billing form required by the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg) shall be exempt from the 15-element limit. (d) The department, in order to minimize costs and administrative burdens, shall consider the total number of data elements required from hospitals and freestanding ambulatory surgery clinics, and optimize the use of common data elements. (Amended by Stats. 2021, Ch. 143, Sec. 203. (AB 133) Effective July 27, 2021.)
  11. 128740.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Hospitals must report specified quarterly financial and utilization data to the department within 45 days after each calendar quarter ends.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128740. (a) The following summary financial and utilization data shall be reported to the department by a hospital within 45 days of the end of a calendar quarter. Adjusted reports reflecting changes as a result of audited financial statements may be filed within four months of the close of the hospital’s fiscal or calendar year. The quarterly summary financial and utilization data shall conform to the uniform description of accounts as contained in the Accounting and Reporting Manual for California Hospitals and shall include all of the following: (1) Number of licensed beds. (2) Average number of available beds. (3) Average number of staffed beds. (4) Number of discharges. (5) Number of inpatient days. (6) Number of outpatient visits. (7) Total operating expenses. (8) Total inpatient gross revenues by payer, including, but not limited to, Medicare, Medi-Cal, county indigent programs, commercial coverage, other third parties, and other payers. (9) Total outpatient gross revenues by payer, including, but not limited to, Medicare, Medi-Cal, county indigent programs, commercial coverage, other third parties, and other payers. (10) Deductions from revenue in total and by component, including the following: Medicare contractual adjustments, Medi-Cal contractual adjustments, and county indigent program contractual adjustments, other contractual adjustments, bad debts, charity care, restricted donations and subsidies for indigents, support for clinical teaching, teaching allowances, and other deductions. (11) Total capital expenditures. (12) Total net fixed assets. (13) Total number of inpatient days, outpatient visits, and discharges by payer, including, but not limited to, Medicare, Medi-Cal, county indigent programs, commercial coverage, other third parties, self-pay, and other payers. (14) Total net patient revenues by payer, including Medicare, Medi-Cal, county indigent programs, commercial coverage, other third parties, and other payers. (15) Other operating revenue. (16) Nonoperating revenue net of nonoperating expenses. (17) (A) A balance sheet detailing the assets, liabilities, and net worth at the end of the quarter, as specified by the department. (B) The department shall allow and provide for, in accordance with appropriate regulations, additions, or deletions to the summary financial and utilization data to meet the purposes of this chapter. (b) The department may adopt regulations, including emergency regulations, necessary to implement this section. (Amended by Stats. 2023, Ch. 6, Sec. 2. (AB 112) Effective May 15, 2023.)
  12. 128745.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must publish risk-adjusted outcome reports on the schedule in this section, and hospitals must file the data the department needs for those reports.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128745. (a) Commencing July 1993, and annually thereafter, the department shall publish risk-adjusted outcome reports in accordance with the following schedule: Procedures and Publication Period Conditions Date Covered Covered July 1993 1988–90 3 July 1994 1989–91 6 July 1995 1990–92 9 Reports for subsequent years shall include conditions and procedures and cover periods as appropriate. (b) The procedures and conditions for risk-adjusted outcome reports pursuant to subdivision (a) shall be divided among medical, surgical, and obstetric conditions or procedures and shall be selected by the department. The department shall publish the risk-adjusted outcome reports for selected conditions and procedures by individual hospital, individual medical group, or individual physician as selected by the department in consultation with medical specialists in the relevant area of practice. The selections, under this subdivision, shall be in accordance with all of the following criteria: (1) The patient discharge abstract contains sufficient data to undertake a valid risk adjustment. The risk adjustment report shall ensure that public hospitals and other hospitals serving primarily low-income patients are not unfairly discriminated against. (2) The relative importance of the procedure and condition in terms of the cost of cases and the number of cases and the seriousness of the health consequences of the procedure or condition. (3) Ability to measure outcome and the likelihood that care influences outcome. (4) Reliability of the diagnostic and procedure data. (c) (1) In addition to any other established and pending reports, on or before July 1, 2002, the department shall publish a risk-adjusted outcome report for coronary artery bypass graft surgery by hospital for all hospitals opting to participate in the report. This report shall be updated on or before July 1, 2003. (2) The department shall publish at least one risk-adjusted outcome report for coronary artery bypass graft surgery, transcatheter aortic valve replacement, or any type of interventional cardiovascular procedure for procedures performed in the state. For any type of interventional cardiovascular procedure other than coronary artery bypass graft surgery or transcatheter aortic valve replacement, the department shall only select from interventional cardiovascular procedures recommended by the clinical panel established by Section 128748, not to exceed one additional interventional cardiovascular procedure every three years. In each year, the reports shall compare risk-adjusted outcomes by hospital, medical group, or physician as selected by the department after consultation with the clinical panel. Upon the recommendation of the clinical panel based on statistical and technical considerations, information on individual hospitals, individual medical groups, or individual physicians may be excluded from the reports. (3) Each hospital shall produce and file with the department, at the times as the department shall require, reports of data the department needs to prepare risk-adjusted outcome reports under this subdivision. Unless otherwise recommended by the clinical panel established by Section 128748, the department shall continue to collect the same data used for the most recent risk-adjusted model developed for the California Coronary Artery Bypass Graft Outcomes Reporting Program. Upon recommendation of the clinical panel, the department may add any clinical data elements included in the Society of Thoracic Surgeons’ database or other relevant databases to be collected from hospitals. Prior to any additions from the Society of Thoracic Surgeons’ database, or other relevant databases, the following factors shall be considered: (A) Utilization of sampling to the maximum extent possible. (B) Exchange of data elements as opposed to addition of data elements. (4) Upon recommendation of the clinical panel, the department may add, delete, or revise clinical data elements to be collected from hospitals for outcome reports under this subdivision. Prior to any additions or deletions, all of the following factors shall be considered: (A) Utilization of sampling to the maximum extent possible. (B) Feasibility of collecting data elements. (C) Costs and benefits of collection and submission of data. (D) Exchange of data elements as opposed to addition of data elements. (5) The department shall collect the minimum data necessary for purposes of testing or validating a risk-adjusted model for the outcome reports under this subdivision. (6) Patient medical record numbers and any other data elements that the department believes could be used to determine the identity of an individual patient shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) The annual reports shall compare the risk-adjusted outcomes experienced by all patients treated for the selected conditions and procedures in each California hospital during the period covered by each report, to the outcomes expected. Outcomes shall be reported in at least the following groupings for each hospital, medical group, or physician: (1) “Higher than average outcomes,” for hospitals with risk-adjusted outcomes higher than the norm. (2) “Average outcomes,” for hospitals with average risk-adjusted outcomes. (3) “Lower than average outcomes,” for hospitals with risk-adjusted outcomes lower than the norm. (e) For outcome reports under this subdivision for which auditing is appropriate, the department shall conduct periodic auditing of data at hospitals. (f) The department shall either include in the annual reports required under this section, or make separately available at cost to any person requesting it, risk-adjusted outcomes data assessing the statistical significance of hospital, medical group, or physician data at each of the following three levels: 99-percent confidence level (0.01 p-value), 95-percent confidence level (0.05 p-value), and 90-percent confidence level (0.10 p-value). The department shall include any other analysis or comparisons of the data in the annual reports required under this section that the department deems appropriate to further the purposes of this chapter. (Amended by Stats. 2022, Ch. 28, Sec. 112. (SB 1380) Effective January 1, 2023.)
  13. 128747.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must evaluate certain published risk-adjusted outcome reports every two years and coordinate with other state agencies on prevention and education efforts.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128747. Commencing July 1, 2002, and biennially thereafter, the department shall evaluate the impact of the department’s published risk-adjusted outcome reports required by Section 128745 on mortality rates in California and on any other measure of quality the department deems appropriate. The department shall also coordinate with other state agencies in promoting prevention and educational initiatives on those reported procedures and conditions. (Amended by Stats. 2021, Ch. 143, Sec. 206. (AB 133) Effective July 27, 2021.)
  14. 128748.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section sets rules for how the department gathers and handles data for certain risk-adjusted outcome reports, including limits on collecting or issuing reports before clinical panel approval.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128748. (a) This section shall apply to any risk-adjusted outcome report under Section 128745. (b) This subdivision applies to risk-adjusted outcome reports under subdivision (c) of Section 128745. (1) The department shall obtain data necessary to complete a risk-adjusted outcome report from hospitals. If necessary data for an outcome report is available only from the department of a physician and not the hospital where the patient received treatment, then the hospital shall make a reasonable effort to obtain the data from the physician’s office and provide the data to the department. In the event that the department finds any errors, omissions, discrepancies, or other problems with submitted data, the department shall contact either the hospital or physician’s office that maintains the data to resolve the problems. (2) The department shall collect the minimum data necessary for purposes of testing or validating a risk-adjusted model. Except for data collected for purposes of testing or validating a risk-adjusted model, the department shall not collect data for an outcome report nor issue an outcome report until the clinical panel established pursuant to this section has approved the risk-adjusted model. (c) For each risk-adjusted outcome report on a medical, surgical, or obstetric condition or procedure that includes reporting of data by an individual physician or an individual medical group authorized by subdivision (b) of Section 128745, the department director shall appoint a clinical panel, which shall have nine members. Three members shall be appointed from a list of three or more names submitted by the physician specialty society that most represents physicians performing the medical, surgical, and obstetric procedure for which data is collected. Three members shall be appointed from a list of three or more names submitted by the California Medical Association. Three members shall be appointed from lists of names submitted by consumer organizations. At least one-half of the appointees from the lists submitted by the physician specialty society and the California Medical Association, and at least one appointee from the lists submitted by consumer organizations, shall be experts in collecting and reporting outcome measurements for physicians, medical groups, or hospitals. The panel may include physicians from another state. The panel shall review and approve the development of the risk-adjustment model to be used in preparation of the outcome report. (d) For risk-adjusted outcome reports authorized by subdivision (c) of Section 128745 the following shall apply: (1) The California Coronary Artery Bypass Graft Outcomes Reporting Program Clinical Advisory Panel shall become the clinical panel for those outcome reports and this panel shall be renamed by the department. (2) This clinical panel shall be comprised of at least 9 and no more than 13 members. The department director shall have the authority to appoint the members of the clinical panel. Three members shall be appointed from a list of three or more names submitted by the California Chapter of the American College of Cardiology. Three members shall be appointed from a list of three or more names submitted by the California Medical Association. Three members shall be appointed from lists of names submitted by consumer organizations. Any additional members shall be appointed at the discretion of the department director. If, at the time the department decides to report on a procedure, the panel does not have members with expertise in that procedure, the department shall seek to appoint two new members with expertise in that procedure from a list submitted by the California Chapter of the American College of Cardiology. At least one-half of the appointees from the lists submitted by the California Chapter of the American College of Cardiology, and the California Medical Association, and at least one appointee from the lists submitted by consumer organizations, shall be experts in collecting and reporting outcome measurements. The panel may include physicians from another state. (3) The panel shall review and approve the development of the risk-adjustment model to be used in preparation of the outcome report. (e) Any report that includes reporting by an individual physician shall include, at a minimum, the risk-adjusted outcome data for each physician. The department may also include in the report, after consultation with the clinical panel, any explanatory material, comparisons, groupings, and other information to facilitate consumer comprehension of the data. (f) Members of a clinical panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the clinical panel. (Amended by Stats. 2021, Ch. 143, Sec. 207. (AB 133) Effective July 27, 2021.)
  15. 128750.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Before public release of outcome reports, the department must send preliminary reports and give hospitals or physicians time to review and respond.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128750. (a) Prior to the public release of the annual outcome reports, the department shall furnish a preliminary report to each hospital that is included in the report. The department shall allow the hospital and chief of staff 60 days to review the outcome scores and compare the scores to other California hospitals. A hospital or its chief of staff that believes that the risk-adjusted outcomes do not accurately reflect the quality of care provided by the hospital may submit a statement to the department, within the 60 days, explaining why the outcomes do not accurately reflect the quality of care provided by the hospital. The statement shall be included in an appendix to the public report, and a notation that the hospital or its chief of staff has submitted a statement shall be displayed wherever the report presents outcome scores for the hospital. (b) (1) Prior to the public release of any outcome report that includes data by a physician or medical group, the department shall furnish a preliminary report to each physician or medical group that is included in the report. The department shall allow the physician or medical group 30 days from the date the department sends the report to the physician or medical group to review the outcome scores and compare the scores to other California physicians or medical groups, respectively. A physician or medical group that believes that the risk-adjusted outcome does not accurately reflect the quality of care provided by the physician or medical group may submit a statement to the department within the 30 days, explaining why the outcomes do not accurately reflect the quality of care provided by the physician or medical group. (2) The department shall promptly review the statement and shall respond to the physician or medical group with one of the following conclusions: (A) The statement reveals a flaw in the accuracy of the reported data relating to the physician or medical group that materially diminishes the validity of the report. If this finding is made, the data for that physician or medical group shall not be included in the report until the flaw in the data is corrected. (B) The statement reveals a flaw in the risk-adjustment model that materially diminishes the value of the report for all physicians or medical groups. If this finding is made, the report using that risk-adjustment model shall not be issued until the flaw is corrected. (C) The statement does not reveal a flaw in either the accuracy of the reported data relating to the physician or medical group, or the risk-adjustment model in which case the report shall be used, unless the physician or medical group chooses to use the procedure set forth in paragraph (3). (3) If a physician or medical group is not satisfied with the conclusion reached by the department, the physician or medical group shall notify the department of that fact. Upon receipt of the notice, the department shall forward the statement to the appropriate clinical panel appointed pursuant to Section 128748. The department shall forward the statement with any information identifying the physician or medical group or the hospital of the physician or medical group redacted, or shall adopt other means to ensure the physician or medical group’s identity is not revealed to the panel. The clinical panel shall promptly review the statement and the conclusion of the office and shall respond by either upholding the conclusion or reaching one of the other conclusions set forth in this subdivision. The panel decision shall be the final determination regarding the statement. The process set forth in this subdivision shall be completed within 60 days from the date the department sends the report to each physician or medical group included in the report. If a decision by either the department or the clinical panel cannot be reached within the 60-day period, then the outcome report may be issued but shall not include data for the physician or medical group submitting the statement. (c) The department shall, in addition to public reports, provide hospitals and the chiefs of staff of the medical staffs with a report containing additional detailed information derived from data summarized in the public outcome reports as an aid to internal quality assurance. (d) If, pursuant to the recommendations of the department, the Legislature subsequently amends Section 128735 to authorize the collection of additional discharge data elements, then the outcome reports for conditions and procedures for which sufficient data is not available from the current abstract record will be produced following the collection and analysis of the additional data elements. (e) The recommendations of the department for the addition of data elements to the discharge abstract should take into consideration the technical feasibility of developing reliable risk-adjustment factors for additional procedures and conditions as determined by the department with the advice of the research community, physicians and surgeons, hospitals, consumer or patient advocacy groups, and medical records personnel. (f) The department at a minimum shall identify a limited set of core clinical data elements to be collected for all of the selected procedures and conditions and unique clinical variables necessary for risk adjustment of specific conditions and procedures selected for the outcomes report program. In addition, the department should give careful consideration to the costs associated with the additional data collection and the value of the specific information to be collected. (g) The department shall also engage in a continuing process of data development and refinement applicable to both current and prospective outcome studies. (Amended by Stats. 2021, Ch. 143, Sec. 208. (AB 133) Effective July 27, 2021.)
  16. 128755.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Hospitals and several other health facilities must file specified reports with the department by set deadlines, and the department must make reports available, approve or reject them promptly, and may grant limited transmission exemptions.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128755. (a) (1) Hospitals shall file the reports required by subdivisions (a), (b), (c), and (d) of Section 128735 with the department within four months after the close of the hospital’s fiscal year except as provided in paragraph (2). (2) If a licensee relinquishes the facility license or puts the facility license in suspense, the last day of active licensure shall be deemed a fiscal year end. (3) The department shall make the reports filed pursuant to this subdivision available no later than three months after they were filed. (b) (1) Skilled nursing facilities, intermediate care facilities, intermediate care facilities/developmentally disabled, hospice facilities, and congregate living facilities, including nursing facilities certified by the State Department of Health Care Services to participate in the Medi-Cal program, shall file the reports required by subdivisions (a), (b), (c), and (d) of Section 128735 with the department within four months after the close of the facility’s fiscal year, except as provided in paragraph (2). (2) (A) If a licensee relinquishes the facility license or puts the facility licensure in suspense, the last day of active licensure shall be deemed a fiscal year end. (B) If a fiscal year end is created because the facility license is relinquished or put in suspense, the facility shall file the reports required by subdivisions (a), (b), (c), and (d) of Section 128735 within two months after the last day of active licensure. (3) The department shall make the reports filed pursuant to paragraph (1) available not later than three months after they are filed. (4) (A) Effective for fiscal years ending on or after December 31, 1991, the reports required by subdivisions (a), (b), (c), and (d) of Section 128735 shall be filed with the department by electronic media, as determined by the department. (B) Congregate living health facilities are exempt from the electronic media reporting requirements of subparagraph (A). (c) A hospital shall file the reports required by subdivision (g) of Section 128735 as follows: (1) For patient discharges on or after January 1, 1999, through December 31, 1999, the reports shall be filed semiannually by each hospital or its designee not later than six months after the end of each semiannual period, and shall be available from the department no later than six months after the date that the report was filed. (2) For patient discharges on or after January 1, 2000, through December 31, 2000, the reports shall be filed semiannually by each hospital or its designee not later than three months after the end of each semiannual period. The reports shall be filed by electronic tape, diskette, or similar medium as approved by the department. The department shall approve or reject each report within 15 days of receiving it. If a report does not meet the standards established by the department, it shall not be approved as filed and shall be rejected. The report shall be considered not filed as of the date the facility is notified that the report is rejected. A report shall be available from the department no later than 15 days after the date that the report is approved. (3) For patient discharges on or after January 1, 2001, the reports shall be filed by each hospital or its designee for report periods and at times determined by the department. The reports shall be filed by online transmission in formats consistent with national standards for the exchange of electronic information. The department shall approve or reject each report within 15 days of receiving it. If a report does not meet the standards established by the department, it shall not be approved as filed and shall be rejected. The report shall be considered not filed as of the date the facility is notified that the report is rejected. A report shall be available from the department no later than 15 days after the date that the report is approved. (d) The reports required by subdivision (a) of Section 128736 shall be filed by each hospital for report periods and at times determined by the department. The reports shall be filed by online transmission in formats consistent with national standards for the exchange of electronic information. The department shall approve or reject each report within 15 days of receiving it. If a report does not meet the standards established by the department, it shall not be approved as filed and shall be rejected. The report shall be considered not filed as of the date the facility is notified that the report is rejected. A report shall be available from the department no later than 15 days after the report is approved. (e) The reports required by subdivision (a) of Section 128737 shall be filed by each hospital or freestanding ambulatory surgery clinic for report periods and at times determined by the department. The reports shall be filed by online transmission in formats consistent with national standards for the exchange of electronic information. The department shall approve or reject each report within 15 days of receiving it. If a report does not meet the standards established by the department, it shall not be approved as filed and shall be rejected. The report shall be considered not filed as of the date the facility is notified that the report is rejected. A report shall be available from the department no later than 15 days after the report is approved. (f) Facilities shall not be required to maintain a full-time electronic connection to the office for the purposes of online transmission of reports as specified in subdivisions (c), (d), and (e). The department may grant exemptions to the online transmission of data requirements for limited periods to facilities. An exemption may be granted only to a facility that submits a written request and documents or demonstrates a specific need for an exemption. Exemptions shall be granted for no more than one year at a time, and for no more than a total of five consecutive years. (g) The reports referred to in paragraph (2) of subdivision (a) of Section 128730 shall be filed with the department on the dates required by applicable law and shall be available from the department no later than six months after the date that the report was filed. (h) The department shall post on its internet website and make available to any person a copy of any report referred to in subdivision (a), (b), (c), (d), or (g) of Section 128735, subdivision (a) of Section 128736, subdivision (a) of Section 128737, Section 128740, and, in addition, shall make available in electronic formats reports referred to in subdivision (a), (b), (c), (d), or (g) of Section 128735, subdivision (a) of Section 128736, subdivision (a) of Section 128737, Section 128740, and subdivisions (a) and (c) of Section 128745, unless the department determines that an individual patient’s rights of confidentiality would be violated. The department shall make the reports available at cost. (Amended by Stats. 2021, Ch. 143, Sec. 209. (AB 133) Effective July 27, 2021.)
  17. 128760.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must allow certain reporting-system modifications for health facilities and adopt comparable financial reporting modifications for county hospital systems, subject to regulatory limits.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128760. (a) On and after January 1, 1986, the systems of health facility accounting and auditing formerly approved by the California Health Facilities Commission shall remain in full force and effect for use by health facilities, but shall be maintained by the department. (b) The department shall allow and provide, in accordance with appropriate regulations, for modifications in the accounting and reporting systems for use by health facilities in meeting the requirements of this chapter if the modifications are necessary to do any of the following: (1) To correctly reflect differences in size of, provision of, or payment for, services rendered by health facilities. (2) To correctly reflect differences in scope, type, or method of provision of, or payment for, services rendered by health facilities. (3) To avoid unduly burdensome costs for those health facilities in meeting the requirements of differences pursuant to paragraphs (1) and (2). (c) The department shall allow and provide, in accordance with appropriate regulations, for modifications to discharge data reporting format and frequency requirements if these modifications will not impair the department’s ability to process the data or interfere with the purposes of this chapter. This modification authority shall not permit the department to administratively require the reporting of discharge data items not specified pursuant to Section 128735. (d) The department shall allow and provide, in accordance with appropriate regulations, for modifications to emergency care data reporting format and frequency requirements if these modifications will not impair the department’s ability to process the data or interfere with the purposes of this chapter. This modification authority shall not permit the department to require administratively the reporting of emergency care data items not specified in subdivision (a) of Section 128736. (e) The department shall allow and provide, in accordance with appropriate regulations, for modifications to ambulatory surgery data reporting format and frequency requirements if these modifications will not impair the department’s ability to process the data or interfere with the purposes of this chapter. The modification authority shall not permit the department to require administratively the reporting of ambulatory surgery data items not specified in subdivision (a) of Section 128737. (f) The department shall adopt comparable modifications to the financial reporting requirements of this chapter for county hospital systems consistent with the purposes of this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 210. (AB 133) Effective July 27, 2021.)
  18. 128765.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must keep chapter reports on file, make them available for inspection, and post them online, with a confidentiality-related exception for discharge and encounter data.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128765. (a) The department shall maintain a file of all the reports filed under this chapter at its Sacramento office. Subject to any rules the department may prescribe, these reports shall be produced and made available for inspection upon the demand of any person, and shall also be posted on its internet website with the exception of discharge and encounter data that shall be available for public inspection unless the department determines, pursuant to applicable law, that an individual patient’s rights of confidentiality would be violated. (b) The reports published pursuant to Section 128745 shall include an executive summary, written in plain English to the maximum extent practicable, that shall include, but not be limited to, a discussion of findings, conclusions, and trends concerning the overall quality of medical outcomes, including a comparison to reports from prior years, for the procedure or condition studied by the report. The department shall disseminate the reports as widely as practical to interested parties, including, but not limited to, hospitals, providers, the media, purchasers of health care, consumer or patient advocacy groups, and individual consumers. The reports shall be posted on the department’s internet website. (c) Copies certified by the department as being true and correct copies of reports properly filed with the department pursuant to this chapter, together with summaries, compilations, or supplementary reports prepared by the department, shall be introduced as evidence, where relevant, at any hearing, investigation, or other proceeding held, made, or taken by any state, county, or local governmental agency, board, or commission that participates as a purchaser of health facility services pursuant to the provisions of a publicly financed state or federal health care program. Each of these state, county, or local governmental agencies, boards, and commissions shall weigh and consider the reports made available to it pursuant to this subdivision in its formulation and implementation of policies, regulations, or procedures regarding reimbursement methods and rates in the administration of these publicly financed programs. (d) The department shall compile and publish summaries of individual facility and aggregate data that do not contain patient-specific information for the purpose of public disclosure. Upon request, these shall include summaries of observation services data, in a format prescribed by the department. The summaries shall be posted on the department’s internet website. The department may initiate and conduct studies as it determines will advance the purposes of this chapter. (e) In order to ensure that accurate and timely data are available to the public in useful formats, the department shall establish a public liaison function. The public liaison shall provide technical assistance to the general public on the uses and applications of individual and aggregate health facility data and shall provide the director with an annual report on changes that can be made to improve the public’s access to data. (Amended by Stats. 2021, Ch. 143, Sec. 211. (AB 133) Effective July 27, 2021.)
  19. 128766.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must disclose certain health facility data on request to specified California and federal public health recipients, and hospitals that receive it must keep it confidential and not reidentify it.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128766. (a) Notwithstanding Section 128765 or any other provision of law, the department, upon request, shall disclose information collected pursuant to subdivision (g) of Section 128735 and Sections 128736 and 128737, to any California hospital and any local health department or local health officer in California as set forth in Part 3 (commencing with Section 101000) of Division 101. The department shall disclose this same information to the United States Department of Health and Human Services or any of its subsidiary agencies, including the National Center for Health Statistics or any other unit of the Centers for Disease Control and Prevention, the Agency for Healthcare Research and Quality, the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Indian Health Service, Tribal Epidemiology Centers, which are defined as public health authorities pursuant to the federal Indian Health Care Improvement Act (25 U.S.C. Sec. 1601 et seq.), the National Institutes of Health, or the National Cancer Institute, or the Veterans Health Care Administration within the United States Department of Veterans Affairs, for the purposes of conducting a statutorily authorized activity. All disclosures made pursuant to this section shall be consistent with the standards and limitations applicable to the disclosure of limited data sets as provided in Section 164.514 of Part 164 of Title 45 of the Code of Federal Regulations, relating to the privacy of health information. (b) Any hospital that receives information pursuant to this section shall not disclose that information to any person or entity, except in response to a court order, search warrant, or subpoena, or as otherwise required or permitted by the federal medical privacy regulations contained in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. In no case shall a hospital, contractor, or subcontractor reidentify or attempt to reidentify any information received pursuant to this section. (c) No disclosure shall be made pursuant to this section if the director of the department has determined that the disclosure would create an unreasonable risk to patient privacy. The director shall provide a written explanation of the determination to the requester within 60 days. (Amended by Stats. 2021, Ch. 143, Sec. 212. (AB 133) Effective July 27, 2021.)
  20. 128770.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain health facilities can be fined if they miss required reports or fail to use an approved accounting system.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128770. (a) Any health facility or freestanding ambulatory surgery clinic that does not file any report as required by this chapter with the department is liable for a civil penalty of one hundred dollars ($100) a day for each day the filing of any report is delayed. No penalty shall be imposed if an extension is granted in accordance with the guidelines and procedures established by the department. (b) Any health facility that does not use an approved system of accounting pursuant to the provisions of this chapter for purposes of submitting financial and statistical reports as required by this chapter shall be liable for a civil penalty of not more than five thousand dollars ($5,000). (c) Civil penalties are to be assessed and recovered in a civil action brought in the name of the people of the State of California by the department. Assessment of a civil penalty may, at the request of any health facility or freestanding ambulatory surgery clinic, be reviewed on appeal, and the penalty may be reduced or waived for good cause. (d) Any money that is received by the department pursuant to this section shall be paid into the General Fund. (Amended by Stats. 2021, Ch. 143, Sec. 213. (AB 133) Effective July 27, 2021.)
  21. 128775.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain health facilities and ambulatory surgery clinics may ask the department to review a determination, and the provision sets deadlines for filing, hearings, and the department’s final decision.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128775. (a) Any health facility or freestanding ambulatory surgery clinic affected by any determination made under this part by the department may petition the department for review of the decision. This petition shall be filed with the department within 15 business days, or within a greater time as the department may allow, and shall specifically describe the matters which are disputed by the petitioner. (b) A hearing shall be commenced within 60 calendar days of the date on which the petition was filed. The hearing shall be held before an employee of the department, or an administrative law judge employed by the Office of Administrative Hearings. If held before an employee of the department, the hearing shall be held in accordance with any procedures as the office shall prescribe. If held before an administrative law judge employed by the Office of Administrative Hearings, the hearing shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The employee or administrative law judge shall prepare a recommended decision including findings of fact and conclusions of law and present it to the department for its adoption. The decision of the department shall be in writing and shall be final. The decision of the department shall be made within 60 calendar days after the conclusion of the hearing and shall be effective upon filing and service upon the petitioner. (c) Judicial review of any final action, determination, or decision may be had by any party to the proceedings as provided in Section 1094.5 of the Code of Civil Procedure. The decision of the department shall be upheld against a claim that its findings are not supported by the evidence unless the court determines that the findings are not supported by substantial evidence. (d) The employee of the office, or the administrative law judge employed by the Office of Administrative Hearings or the Office of Administrative Hearings, may issue subpoenas and subpoenas duces tecum in a manner and subject to the conditions established by Article 11 (commencing with Section 11450.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (e) This section shall become operative on July 1, 1997. (Amended by Stats. 2021, Ch. 143, Sec. 214. (AB 133) Effective July 27, 2021.)
  22. 128780.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    District hospitals do not have to report or disclose additional financial or utilization data, except when this chapter requires it.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128780. Notwithstanding any other provision of law, the disclosure aspects of this chapter shall be deemed complete with respect to district hospitals, and no district hospital shall be required to report or disclose any additional financial or utilization data to any person or other entity except as is required by this chapter. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  23. 128782.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    On request by a small and rural hospital, the department must provide specified relief and assistance, including possible exemption from certain electronic filing requirements, a one-time fee reduction, and help filing reports electronically or online.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128782. Notwithstanding any other provision of law, upon the request of a small and rural hospital, as defined in Section 124840, the department shall do all of the following: (a) If the hospital did not file financial reports with the department by electronic media as of January 1, 1993, the department shall, on a case-by-case basis, do one of the following: (1) Exempt the small and rural hospital from any electronic filing requirements of the department regarding annual or quarterly financial disclosure reports specified in Sections 128735 and 128740. (2) Provide a one-time reduction in the fee charged to the small and rural hospital not to exceed the maximum amount assessed pursuant to Section 127280 by an amount equal to the costs incurred by the small and rural hospital to purchase the computer hardware and software necessary to comply with any electronic filing requirements of the department regarding annual or quarterly financial disclosure reports specified in Sections 128735 and 128740. (b) The department shall provide a one-time reduction in the fee charged to the small and rural hospital not to exceed the maximum amount assessed pursuant to Section 127280 by an amount equal to the costs incurred by the small and rural hospital to purchase the computer software and hardware necessary to comply with any electronic filing requirements of the department regarding reports specified in Sections 128735, 128736, and 128737. (c) The department shall provide the hospital with assistance in meeting the requirements specified in paragraphs (1) and (2) of subdivision (c) of Section 128755 that the reports required by subdivision (g) of Section 128735 be filed by electronic media or by online transmission. The assistance shall include the provision to the hospital by the department of a computer program or computer software to create an electronic file of patient discharge abstract data records. The program or software shall incorporate validity checks and edit standards. (d) The department shall provide the hospital with assistance in meeting the requirements specified in subdivision (d) of Section 128755 that the reports required by subdivision (a) of Section 128736 be filed by online transmission. The assistance shall include the provision to the hospital by the department of a computer program or computer software to create an electronic file of emergency care data records. The program or software shall incorporate validity checks and edit standards. (e) The department shall provide the hospital with assistance in meeting the requirements specified in subdivision (e) of Section 128755 that the reports required by subdivision (a) of Section 128737 be filed by online transmission. The assistance shall include the provision to the hospital by the department of a computer program or computer software to create an electronic file of ambulatory surgery data records. The program or software shall incorporate validity checks and edit standards. (Amended by Stats. 2021, Ch. 143, Sec. 215. (AB 133) Effective July 27, 2021.)
  24. 128785.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain existing regulations stay in force and remain enforceable unless the department readopts, amends, or repeals them.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128785. On January 1, 1986, all regulations previously adopted by the California Health Facilities Commission that relate to functions vested in the department and that are in effect on that date, shall remain in effect and shall be fully enforceable to the extent that they are consistent with this chapter, as determined by the department, unless and until readopted, amended, or repealed by the department. (Amended by Stats. 2021, Ch. 143, Sec. 216. (AB 133) Effective July 27, 2021.)
  25. 128790.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The Controller must transfer the unexpended balance of specified funds to the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128790. Pursuant to Section 16304.9 of the Government Code, the Controller shall transfer to the department the unexpended balance of funds as of January 1, 1986, in the California Health Facilities Commission Fund, available for use in connection with the performance of the functions of the California Health Facilities Commission to which it has succeeded pursuant to this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 217. (AB 133) Effective July 27, 2021.)
  26. 128795.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain California Health Facilities Commission officers and employees must be transferred to the department, and their status, positions, and rights must be preserved.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128795. All officers and employees of the California Health Facilities Commission who, on December 31, 1985, are serving the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the department by this chapter shall be transferred to the department. The status, positions, and rights of persons shall not be affected by the transfer and shall be retained by them as officers and employees of the department, pursuant to the State Civil Service Act except as to positions exempted from civil service. (Amended by Stats. 2021, Ch. 143, Sec. 218. (AB 133) Effective July 27, 2021.)
  27. 1288.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A skilled nursing or intermediate care facility licensee must give written notice of a scheduled room rate increase at least 30 calendar days before the increase, unless a delay would cause Medi-Cal revenue loss.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1288. (a) Except as provided in subdivision (b), the licensee of each skilled nursing or intermediate care facility shall notify, in writing, all patients for whom the facility’s services are not reimbursed pursuant to the provisions of Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, or such patient’s responsible agent, of any scheduled room rate increase at least 30 calendar days in advance of the increase. (b) The licensee need not delay rate increases in order to provide the notice prescribed by subdivision (a) during any period when such delay would result in a loss to the facility of Medi-Cal reimbursement revenues available to it under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code due to increases in allowable Medi-Cal reimbursement rates (1) implemented by emergency regulation or (2) made retroactive. In such cases, the licensee shall provide the notice as many days in advance as is possible without loss of Medi-Cal revenues or, if not possible without Medi-Cal revenue losses, at the time of effectuating the rate increase. Nothing contained in this subdivision shall be construed as authorizing retroactive room rate increases for facility services to patients that are not reimbursed under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (Added by Stats. 1980, Ch. 891.)
  28. 1288.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Certain licensed health facilities must post a visible notice showing the regional licensing office phone number for complaints, and the state department must give the facility that number.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1288.4. A health facility licensed under subdivision (a), (b), or (f) of Section 1250 shall post conspicuously, in a prominent location within the premises and accessible to public view, a notice providing the telephone number of the state department’s regional licensing office where complaints regarding the facility may be reported. The state department shall inform the health facility of the telephone number to be included in the notice. (Added by Stats. 1993, Ch. 1152, Sec. 4. Effective January 1, 1994.)
  29. 1288.45.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. )

    Verify source ↗

    This section defines terms used in the hospital infectious disease control program.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. ) ## 1288.45. For purposes of this article, the following definitions shall apply: (a) “Advisory committee” or “HAI-AC” means the Healthcare Associated Infection Advisory Committee established pursuant to Section 1288.5. (b) “Health-care-associated infection,” “health facility acquired infection,” or “HAI” means an infection defined by the National Health and Safety Network of the federal Centers for Disease Control and Prevention, unless the department adopts a definition consistent with the recommendations of the advisory committee or its successor. (c) “Hospital” means a general acute care hospital as defined pursuant to subdivision (a) of Section 1250. (d) “Infection prevention professional” means a registered nurse, medical technologist, or other salaried employee or consultant who, within two years of appointment, will meet the education and experience requirements for certification established by the national Certification Board for Infection Control and Epidemiology (CBIC), but does not include a physician who is appointed or receives a stipend as the infection prevention and control committee chairperson or hospital epidemiologist. (e) “MRSA” means methicillin-resistant Staphylococcus aureus. (f) “National Healthcare Safety Network” or “NHSN” means a secure, Internet-based system developed and managed by the federal Centers for Disease Control and Prevention (CDC) to collect, analyze, and report risk-adjusted HAI data related to the incidence of HAI and the process measures implemented to prevent these infections. (g) “Program” means the health care infection surveillance, prevention, and control program within the department. (Added by Stats. 2008, Ch. 294, Sec. 4. Effective January 1, 2009.)
  30. 1288.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. )

    Verify source ↗

    The department must appoint a Healthcare Associated Infection Advisory Committee by July 1, 2007, and the committee must meet regularly, include specified expertise, and make infection-control recommendations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. ) ## 1288.5. (a) By July 1, 2007, the department shall appoint a Healthcare Associated Infection Advisory Committee (HAI-AC) that shall make recommendations related to methods of reporting cases of hospital acquired infections occurring in general acute care hospitals, and shall make recommendations on the use of national guidelines and the public reporting of process measures for preventing the spread of HAI that are reported to the department pursuant to subdivision (b) of Section 1288.8. (b) The advisory committee shall include persons with expertise in the surveillance, prevention, and control of hospital-acquired infections, including department staff, local health department officials, health care infection control professionals, hospital administration professionals, health care providers, health care consumers, physicians with expertise in infectious disease and hospital epidemiology, and integrated health care systems experts or representatives. (c) The advisory committee shall meet at least every quarter and shall serve without compensation, but shall be reimbursed for travel-related expenses that include transportation, lodging, and meals at the state per diem reimbursement rate. (d) In addition to the responsibilities enumerated in subdivision (a), the advisory committee shall do all of the following: (1) Review and evaluate federal and state legislation, regulations, and accreditation standards and communicate to the department how hospital infection prevention and control programs will be impacted. (2) In accordance with subdivision (a) of Section 1288.6, recommend a method by which the number of infection prevention professionals would be assessed in each hospital. (3) Recommend an educational curriculum by which health facility evaluator nurses and department consultants would be trained to survey for hospital infection surveillance, prevention, and control programs. (4) Recommend a method by which hospitals are audited to determine the validity and reliability of data submitted to the NHSN and the department. (5) Recommend a standardized method by which an HAI occurring after hospital discharge would be identified. (6) Recommend a method by which risk-adjusted HAI data would be reported to the public, the Legislature, and the Governor. (7) Recommend a standardized method by which department health facility evaluator nurses and consultants would evaluate health care workers for compliance with infection prevention procedures including, but not limited to, hand hygiene and environmental sanitation procedures. (8) Recommend a method by which all hospital infection prevention professionals would be trained to use the NHSN HAI surveillance reporting system. (Amended by Stats. 2008, Ch. 294, Sec. 5. Effective January 1, 2009.)
  31. 1288.55.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. )

    Verify source ↗

    Health facilities must report specified infection data quarterly, and the department must publish certain incidence-rate information on its website by stated dates.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. ) ## 1288.55. (a) (1) Each health facility, as defined in paragraph (3) of subdivision (a) of Section 1255.8, shall quarterly report all cases of health-care-associated MRSA bloodstream infection, health-care-associated clostridium difficile infection, and health-care-associated Vancomycin-resistant enterococcal bloodstream infection, and the number of inpatient days. (2) Each health facility shall report quarterly to the department all central line associated bloodstream infections and the total central line days. (3) Each health facility shall report quarterly to the department all health-care-associated surgical site infections of deep or organ space surgical sites, health-care-associated infections of orthopedic surgical sites, cardiac surgical sites, and gastrointestinal surgical sites designated as clean and clean-contaminated, and the number of surgeries involving deep or organ space, and orthopedic, cardiac, and gastrointestinal surgeries designated clean and clean-contaminated. (b) The department’s licensing and certification program shall do all of the following: (1) Commencing January 1, 2011, post on the department’s Web site information regarding the incidence rate of health-care-acquired central line associated bloodstream infections acquired at each health facility in California, including information on the number of inpatient days. (2) Commencing January 1, 2012, post on the department’s Web site information regarding the incidence rate of deep or organ space surgical site infections, orthopedic, cardiac, and gastrointestinal surgical procedures designated as clean and clean-contaminated, acquired at each health facility in California, including information on the number of inpatient days. (3) No later than January 1, 2011, post on the department’s Web site information regarding the incidence rate of health-care-associated MRSA bloodstream infection, health-care-associated clostridium difficile infection, and health-care-associated Vancomycin-resistant enterococcal bloodstream infection, at each health facility in California, including information on the number of inpatient days. (c) Any information reported publicly as required under this section shall meet all of the following requirements: (1) The department shall follow a risk adjustment process that is consistent with the federal Centers for Disease Control and Prevention’s National Healthcare Safety Network (NHSN), or its successor, risk adjustment, and use its definitions, unless the department adopts, by regulation, a fair and equitable risk adjustment process that is consistent with the recommendations of the Healthcare Associated Infection Advisory Committee (HAI-AC), established pursuant to Section 1288.5, or its successor. (2) For purposes of reporting, as required in subdivisions (a) and (b), an infection shall be reported using the NHSN definitions unless the department accepts the recommendation of the HAI-AC or its successor. (3) If the federal Centers for Disease Control and Prevention do not use a public reporting model for specific health-care-acquired infections, then the department shall base its public reporting of incidence rate on the number of inpatient days for infection reporting, or the number of specified device days for relevant device-related infections, and the number of specified surgeries conducted for surgical site infection reporting, unless the department adopts a public reporting model that is consistent with recommendations of the HAI-AC or its successor. (d) Health facilities that report data pursuant to the system shall report this data to the NHSN and the department, as appropriate. (Added by Stats. 2008, Ch. 296, Sec. 4. Effective January 1, 2009.)
  32. 1288.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. )

    Verify source ↗

    General acute care hospitals must prepare and update an infection surveillance and prevention report, and hospitals using CVCs must adopt infection-prevention policies and report CVC infection rates internally.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. ) ## 1288.6. (a) (1) Each general acute care hospital, in collaboration with infection prevention and control professionals, and with the participation of senior health care facility leadership shall, as a component of its strategic plan, at least once every three years, prepare a written report that examines the hospital’s existing resources and evaluates the quality and effectiveness of the hospital’s infection surveillance and prevention program. (2) The report shall evaluate and include information on all of the following: (A) The risk and cost of the number of invasive patient procedures performed at the hospital. (B) The number of intensive care beds. (C) The number of emergency department visits to the hospital. (D) The number of outpatient visits by departments. (E) The number of licensed beds. (F) Employee health and occupational health measures implemented at the hospital. (G) Changing demographics of the community being served by the hospital. (H) An estimate of the need and recommendations for additional resources for infection prevention and control programs necessary to address the findings of the plan. (3) The report shall be updated annually, and shall be revised at regular intervals, if necessary, to accommodate technological advances and new information and findings contained in the triennial strategic plan with respect to improving disease surveillance and the prevention of HAI. (b) Each general acute care hospital that uses central venous catheters (CVCs) shall implement policies and procedures to prevent occurrences of health care associated infection, as recommended by the Centers for Disease Control and Prevention intravascular bloodstream infection guidelines or other evidence-based national guidelines, as recommended by the advisory committee. A general acute care hospital that uses CVCs shall internally report CVC associated blood stream infection rates in intensive care units, utilizing device days to calculate the rate for each type of intensive care unit, to the appropriate medical staff committee of the hospital on a regular basis. (Added by Stats. 2006, Ch. 526, Sec. 2. Effective January 1, 2007.)
  33. 1288.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. )

    Verify source ↗

    The department must require general acute care hospitals to carry out specified influenza-control and disaster-planning measures by July 1, 2007.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. ) ## 1288.7. By July 1, 2007, the department shall require that each general acute care hospital, in accordance with the Centers for Disease Control guidelines, take all of the following actions: (a) Annually offer onsite influenza vaccinations, if available, to all hospital employees at no cost to the employee. Each general acute care hospital shall require its employees to be vaccinated, or if the employee elects not to be vaccinated, to declare in writing that he or she has declined the vaccination. (b) Institute respiratory hygiene and cough etiquette protocols, develop and implement procedures for the isolation of patients with influenza, and adopt a seasonal influenza plan. (c) Revise an existing or develop a new disaster plan that includes a pandemic influenza component. The plan shall also document any actual or recommended collaboration with local, regional, and state public health agencies or officials in the event of an influenza pandemic. (Added by Stats. 2006, Ch. 526, Sec. 2. Effective January 1, 2007.)
  34. 1288.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. )

    Verify source ↗

    The department and hospitals must take infection-control and reporting actions for HAI prevention in general acute care hospitals.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. ) ## 1288.8. (a) By January 1, 2008, the department shall take all of the following actions to protect against HAI in general acute care hospitals statewide: (1) Implement an HAI surveillance and prevention program designed to assess the department’s resource needs, educate health facility evaluator nurses in HAI, and educate department staff on methods of implementing recommendations for disease prevention. (2) Revise existing and adopt new administrative regulations, as necessary, to incorporate current federal Centers for Disease Control and Prevention (CDC) guidelines and standards for HAI prevention. (3) Require that general acute care hospitals develop a process for evaluating the judicious use of antibiotics, the results of which shall be monitored jointly by appropriate representatives and committees involved in quality improvement activities. (b) On and after January 1, 2008, each general acute care hospital shall implement and annually report to the department on its implementation of infection surveillance and infection prevention process measures that have been recommended by the federal Centers for Disease Control and Prevention Healthcare Infection Control Practices Advisory Committee, as suitable for a mandatory public reporting program. Initially, these process measures shall include the CDC guidelines for central line insertion practices, surgical antimicrobial prophylaxis, and influenza vaccination of patients and healthcare personnel. In consultation with the advisory committee, the department shall make this information public no later than six months after receiving the data. (c) The advisory committee shall make recommendations for phasing in the implementation and public reporting of additional process measures and outcome measures by January 1, 2008, and, in doing so, shall consider the measures recommended by the CDC. (d) Each general acute care hospital shall also submit data on implemented process measures to the National Healthcare Safety Network of the CDC, or to any other scientifically valid national HAI reporting system based upon the recommendation of the federal Centers for Disease Control and Prevention Healthcare Infection Control Practices Advisory Committee or to another scientifically valid reporting database, as determined by the department based on the recommendations of the HAI-AC. Hospitals shall utilize the federal Centers for Disease Control and Prevention definitions and methodology for surveillance of HAI. Hospitals participating in the California Hospital Assessment and Reporting Task Force (CHART) shall publicly report those HAI measures as agreed to by all CHART hospitals. (e) In addition to the requirements in subdivision (a), the department shall establish an infection surveillance, prevention, and control program to do all of the following: (1) Designate infection prevention professionals to serve as consultants to the licensing and certification program. (2) Provide education and training to department health facility evaluator nurses and consultants to effectively survey hospitals for compliance with infection surveillance, prevention, and control recommendations, as well as state and federal statutes and regulations. (3) By January 1, 2011, in consultation with the HAI-AC, develop a scientifically valid statewide electronic reporting system or utilize an existing scientifically valid database system capable of receiving electronically transmitted reports from hospitals related to HAI. (4) Provide current infection prevention and control information to the public on the Internet. (5) Beginning January 1, 2011, provide to the Governor, the Legislature, and the Chairs of the Senate Committee on Health and Assembly Committee on Health, and post on the department’s Web site, an annual report of publicly reported HAI infection information received and reported pursuant to this article. (Amended by Stats. 2008, Ch. 294, Sec. 6. Effective January 1, 2009.)
  35. 1288.85.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. )

    Verify source ↗

    General acute care hospitals must adopt and implement an antimicrobial stewardship policy and carry out related committee, staffing, and reporting steps by July 1, 2015.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. ) ## 1288.85. Each general acute care hospital, as defined in subdivision (a) of Section 1250, shall do all of the following by July 1, 2015: (a) Adopt and implement an antimicrobial stewardship policy in accordance with guidelines established by the federal government and professional organizations. This policy shall include a process to evaluate the judicious use of antibiotics in accordance with paragraph (3) of subdivision (a) of Section 1288.8. (b) Develop a physician supervised multidisciplinary antimicrobial stewardship committee, subcommittee, or workgroup. (c) Appoint to the physician supervised multidisciplinary antimicrobial stewardship committee, subcommittee, or workgroup, at least one physician or pharmacist who is knowledgeable about the subject of antimicrobial stewardship through prior training or attendance at continuing education programs, including programs offered by the federal Centers for Disease Control and Prevention, the Society for Healthcare Epidemiology of America, or similar recognized professional organizations. (d) Report antimicrobial stewardship program activities to each appropriate hospital committee undertaking clinical quality improvement activities. (Added by Stats. 2014, Ch. 843, Sec. 1. (SB 1311) Effective January 1, 2015.)
  36. 1288.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. )

    Verify source ↗

    The department must require general acute care hospitals to adopt, implement, and review infection-prevention policies for certain hospital-acquired infections, and must check compliance during surveys.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. ) ## 1288.9. By January 1, 2009, the department shall do all of the following: (a) Require each general acute care hospital to develop, implement, and periodically evaluate compliance with policies and procedures to prevent secondary surgical site infections (SSI). The results of this evaluation shall be monitored by the infection prevention committee and reported to the surgical committee of the hospital. (b) Require each general acute care hospital to develop policies and procedures to implement the current Centers for Disease Control and Prevention guidelines and Institute for Healthcare Improvement (IHI) process measures designed to prevent ventilator associated pneumonia. (c) During surveys, evaluate the facility’s compliance with existing policies and procedures to prevent HAI, including any externally or internally reported HAI process and outcome measures. (Added by Stats. 2006, Ch. 526, Sec. 2. Effective January 1, 2007.)
  37. 1288.95.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. )

    Verify source ↗

    Certain hospital-related staff must complete infection-control training by specified dates, and the hospital must keep attendance documentation and may take environmental cultures to check sanitation compliance.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3.5. Hospital Infectious Disease Control Program [1288.45 - 1288.95] ( Article 3.5 added by Stats. 2006, Ch. 526, Sec. 2. ) ## 1288.95. (a) No later than January 1, 2010, a physician designated as a hospital epidemiologist or infection surveillance, prevention, and control committee chairperson shall participate in a continuing medical education (CME) training program offered by the federal Centers for Disease Control and Prevention (CDC) and the Society for Healthcare Epidemiologists of America, or other recognized professional organization. The CME program shall be specific to infection surveillance, prevention, and control. Documentation of attendance shall be placed in the physician’s credentialing file. (b) Beginning January 2010, all staff and contract physicians and all other licensed independent contractors, including, but not limited to, nurse practitioners and physician assistants, shall be trained in methods to prevent transmission of HAI, including, but not limited to, MRSA and Clostridium difficile infection. (c) By January 2010, all permanent and temporary hospital employees and contractual staff, including students, shall be trained in hospital-specific infection prevention and control policies, including, but not limited to, hand hygiene, facility-specific isolation procedures, patient hygiene, and environmental sanitation procedures. The training shall be given annually and when new policies have been adopted by the infection surveillance, prevention, and control committee. (d) Environmental services staff shall be trained by the hospital and shall be observed for compliance with hospital sanitation measures. The training shall be given at the start of employment, when new prevention measures have been adopted, and annually thereafter. Cultures of the environment may be randomly obtained by the hospital to determine compliance with hospital sanitation procedures. (Added by Stats. 2008, Ch. 294, Sec. 7. Effective January 1, 2009.)
  38. 128800.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department has possession and control of property and records held for the benefit or use of the California Health Facilities Commission for transferred functions.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128800. The department shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, or other property, real or personal, held for the benefit or use of the California Health Facilities Commission for the performance of functions transferred to the department by this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 219. (AB 133) Effective July 27, 2021.)
  39. 128805.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may make agreements and contracts with persons or entities when needed to carry out its functions.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128805. The department may enter into agreements and contracts with any person, department, agency, corporation, or legal entity as are necessary to carry out the functions vested in the department by this chapter or any other law. (Amended by Stats. 2021, Ch. 143, Sec. 220. (AB 133) Effective July 27, 2021.)
  40. 128810.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must administer this chapter and make regulations needed to carry it out and achieve its stated purposes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128810. The department shall administer this chapter and shall make all regulations necessary to implement the provisions and achieve the purposes stated herein. (Amended by Stats. 2021, Ch. 143, Sec. 221. (AB 133) Effective July 27, 2021.)
  41. 1289.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Certain facility insiders may not buy or receive resident property worth over $100 unless an ombudsman is present; the facility must record the transaction.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1289. (a) No owner, employee, agent, or consultant of a long-term health care facility, as defined in Section 1418, or member of his or her immediate family, or representative of a public agency or organization operating within the long-term health care facility with state, county, or city authority, or member of his or her immediate family, shall purchase or receive any item or property with a fair market value of more than one hundred dollars ($100) from a resident in the long-term health care facility, unless the purchase or receipt is made or conducted in the presence of a representative of the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code. The role of the ombudsman is to witness the transaction and to question the resident and others as appropriate, about the transaction. The ombudsman may submit written comments pertaining to the transaction into the health records of the resident. The Office of the State Long-Term Care Ombudsman shall establish guidelines concerning activities of ombudsmen pursuant to this section. Additionally, the transaction described in this subdivision shall be recorded by the facility in the health records of the resident. The record of the transaction shall include the name and address of the purchaser, date and location of the transaction, description of property sold, and purchase price. The instrument shall include signatures of the resident, the purchaser, and the witnessing ombudsman. (b) Any owner, employee, agent, or consultant of a long-term health care facility, or member of his or her immediate family, or representative of a public agency or organization operating within the long-term health care facility with state, county, or city authority, or member of his or her immediate family, who violates subdivision (a) shall be required to return the item or property he or she purchased to the person from whom it was purchased, if he or she still possesses it. If the employee no longer possesses the item or property, he or she shall pay the person who sold the item or property the fair market value at the time he or she would otherwise be required to return the property. (c) Craft items, which are those items made by residents of a long-term health care facility, are exempt from the provisions of this section. (d) Any violation of this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) which shall be enforced by the Department of Aging. The Department of Aging may bring a cause of action in a court of competent jurisdiction to enforce the provisions of this subdivision. (e) Notwithstanding Section 1290, any person who violates this section is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100). (Added by Stats. 1984, Ch. 1182, Sec. 1.)
  42. 1289.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A long-term health care facility that fails to make reasonable efforts to safeguard patient property must reimburse the patient or replace the property at current value.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1289.3. (a) A long-term health care facility, as defined in Section 1418, which fails to make reasonable efforts to safeguard patient property shall reimburse a patient for or replace stolen or lost patient property at its then current value. The facility shall be presumed to have made reasonable efforts to safeguard patient property if the facility has shown clear and convincing evidence of its efforts to meet each of the requirements specified in Section 1289.4. The presumption shall be a rebuttable presumption, and the resident or the resident’s representative may pursue this matter in any court of competent jurisdiction. (b) A citation shall be issued if the long-term health care facility has no program in place or if the facility has not shown clear and convincing evidence of its efforts to meet all of the requirements set forth in Section 1289.4. The department shall issue a deficiency in the event that the manner in which the policies have been implemented is inadequate or the individual facility situation warrants additional theft and loss protections. (c) The department shall not determine that a long-term health care facility’s program is inadequate based solely on the occasional occurrence of theft or loss in a facility. (Added by Stats. 1987, Ch. 1235, Sec. 2.)
  43. 1289.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Long-term health care facilities must run a theft and loss program and follow detailed rules for inventories, reporting, records, and resident property handling.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1289.4. A theft and loss program shall be implemented by the long-term health care facilities within 90 days after January 1, 1988. The program shall include all of the following: (a) Establishment and posting of the facility’s policy regarding theft and investigative procedures. (b) Orientation to the policies and procedures for all employees within 90 days of employment. (c) Documentation of lost and stolen patient property with a value of twenty-five dollars ($25) or more and, upon request, the documented theft and loss record for the past 12 months shall be made available to the State Department of Public Health, the county health department or law enforcement agencies, and to the office of the State Long-Term Care Ombudsman in response to a specific complaint. The documentation shall include, but not be limited to, the following: (1) A description of the article. (2) Its estimated value. (3) The date and time the theft or loss was discovered. (4) If determinable, the date and time the loss or theft occurred. (5) The action taken. (d) A written patient personal property inventory is established upon admission and retained during the resident’s stay in the long-term health care facility. A copy of the written inventory shall be provided to the resident or the person acting on the resident’s behalf. Subsequent items brought into or removed from the facility shall be added to or deleted from the personal property inventory by the facility at the written request of the resident, the resident’s family, a responsible party, or a person acting on behalf of a resident. The facility shall not be liable for items which have not been requested to be included in the inventory or for items which have been deleted from the inventory. A copy of a current inventory shall be made available upon request to the resident, responsible party, or other authorized representative. The resident, resident’s family, or a responsible party may list those items that are not subject to addition or deletion from the inventory, such as personal clothing or laundry, that are subject to frequent removal from the facility. (e) Inventory and surrender of the resident’s personal effects and valuables upon discharge to the resident or authorized representative in exchange for a signed receipt. (f) Inventory and surrender of personal effects and valuables following the death of a resident to the authorized representative in exchange for a signed receipt. Immediate notice to the public administrator of the county upon the death of a resident without known next of kin as provided in Section 7600.5 of the Probate Code. (g) Documentation, at least semiannually, of the facility’s efforts to control theft and loss, including the review of theft and loss documentation and investigative procedures and results of the investigation by the administrator and, when feasible, the resident council. (h) Establishment of a method of marking, to the extent feasible, personal property items for identification purposes upon admission and, as added to the property inventory list, including engraving of dentures and tagging of other prosthetic devices. (i) Reports to the local law enforcement agency within 36 hours when the administrator of the facility has reason to believe patient property with a then-current value of one hundred dollars ($100) or more has been stolen. Copies of those reports for the preceding 12 months shall be made available to the State Department of Public Health and law enforcement agencies. (j) Maintenance of a secured area for patients’ property which is available for safekeeping of patient property upon the request of the patient or the patient’s responsible party. Provide a lock for the resident’s bedside drawer or cabinet upon request of and at the expense of the resident, the resident’s family, or authorized representative. The facility administrator shall have access to the locked areas upon request. (k) A copy of this section and Sections 1289.3 and 1289.5 is provided by a facility to all of the residents and their responsible parties, and, available upon request, to all of the facility’s prospective residents and their responsible parties. (l) Notification to all current residents and all new residents, upon admission, of the facility’s policies and procedures relating to the facility’s theft and loss prevention program. (Amended by Stats. 2010, Ch. 328, Sec. 112. (SB 1330) Effective January 1, 2011.)
  44. 1289.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A contract of admission for a long-term health care facility may not set a lower standard of responsibility for residents’ personal property than the law requires.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1289.5. No provision of a contract of admission, which includes all documents which a resident or his or her representative is required to sign at the time of, or as a condition of, admission to a long-term health care facility, shall require or imply a lesser standard of responsibility for the personal property of residents than is required by law. (Added by Stats. 1987, Ch. 1235, Sec. 4.)
  45. 128900.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. )

    Verify source ↗

    This section defines key terms used in this chapter, including clinic types and the Department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. ) ## 128900. The following definitions apply for purposes of this chapter: (a) “Clinic” means an organized outpatient health facility required to be licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2. (b) “Primary care clinic” means a clinic specified in subdivision (a) of Section 1204, including community clinics and free clinics. (c) “Intermittent clinic” means a clinic operated by a primary care community or free clinic that is operated on separate premises from the licensed clinic and is only open for limited services, as described in subdivision (h) of Section 1206. (d) “Specialty clinic” means a clinic specified in subdivision (b) of Section 1204 or in Section 1204.1, including surgical clinics, chronic dialysis clinics, rehabilitation clinics, alternative birth centers, and psychology clinics. (e) “Department” means the Department of Health Care Access and Information. (f) “FQHC” means a federally qualified health center. (g) “RHC” means a rural health clinic. (Added by Stats. 2023, Ch. 505, Sec. 5. (SB 779) Effective January 1, 2024.)
  46. 128905.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. )

    Verify source ↗

    Licensed clinics and certain intermittent clinics must file an annual verified report with the department by March 15 each year; specialty clinics must report specified data too.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. ) ## 128905. (a) Commencing January 1, 2027, every clinic holding a license and, notwithstanding subdivision (h) of Section 1206, every intermittent clinic operated by a licensed clinic and exempt from licensure shall, on or before the 15th day of March each year, file with the department, upon forms to be furnished by the department, a verified report showing the following information relating to the previous calendar year: (1) Number of patients served and descriptive information, including, but not limited to, age, sex, race, ethnicity, preferred language spoken, disability status, sexual orientation, gender identity, and payor category. A clinic shall not be subject to any adverse action for not providing sexual orientation and gender identity information if the patient refused to provide that information. (2) Number of patient visits by type of service, including all of the following: (A) Child health and disability prevention screens, treatment, and followup services. (B) Medical services. (C) Dental services. (D) Other health services. (3) Primary care clinics participating in the Medi-Cal program or county indigent programs shall include the following: (A) Number of assigned members per Medi-Cal managed care plan and county indigent program. (B) Number of assigned members per Medi-Cal managed care plan and county indigent program that had one or more clinic visits. (4) Total clinic operating expenses. (5) Gross patient charges by payer category, including Medicare, Medi-Cal, the Child Health Disability Prevention Program, county indigent programs, other county programs, private insurance, self-paying patients, nonpaying patients, and other payers. (6) Deductions from revenue by payer category, bad debts, and charity care charges. (7) Average weekly number of clinic operating hours and whether or not the clinic is licensed or intermittent. (8) Additional information as may be required by the department or the State Department of Public Health. (9) This subdivision does not apply to specialty clinics. (b) In order to facilitate timely enforcement of this section, the department shall send a written notice of violation to every clinic that fails to file a timely report pursuant to this section or pursuant to Section 127285 or 128910, either for itself or for any intermittent clinic it operates. The department shall also provide the State Department of Public Health with a list of every clinic that receives a written notice of violation and notify the State Department of Public Health when a clinic on the list completes and files all delinquent reports. The department shall make these notices and lists, including notifications of when a clinic on the list completes and files all delinquent reports, available on its internet website. (c) In order to promote efficient reporting of accurate data, the department shall consider the unique operational characteristics of different classifications of licensed clinics, including, but not limited to, the limited scope of services provided by some specialty clinics, in its design of forms for the collection of data required by this section. (d) For the purpose of administering funds appropriated from the Cigarette and Tobacco Products Surtax Fund for support of licensed clinics, clinics receiving those funds may be required to report any additional data the department or the State Department of Public Health may determine necessary to ensure the equitable distribution and appropriate expenditure of those funds. This shall include, but not be limited to, information about the poverty level of patients served and communicable diseases reported to local health departments. (e) This section shall apply to all licensed primary care clinics, and to all intermittent clinics operated by those licensed primary care clinics, notwithstanding subdivision (h) of Section 1206. (f) Specialty clinics shall report the following: (1) Number of patients during the preceding year. (2) Total amount of administrative or other charges or fees collected from patients. (3) Total amount of revenues from other sources for the previous year. (4) Total operating cost for clinic for the previous year. (5) Additional information as may be required by regulation of the department. (Amended by Stats. 2024, Ch. 492, Sec. 9. (SB 1511) Effective January 1, 2025.)
  47. 128910.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. )

    Verify source ↗

    Starting January 1, 2027, clinic operators and their officers must file separate annual reports for each primary care clinic and intermittent clinic with the department by March 15.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. ) ## 128910. Commencing January 1, 2027, an organization that operates, conducts, owns, or maintains a primary care clinic or intermittent clinic, and the officers thereof, shall, for every primary care clinic and every intermittent clinic that it operates, conducts, owns, or maintains, on or before the 15th day of March each year, file with the department separate reports for each primary care clinic and each intermittent clinic on forms furnished by the department, in conjunction with the forms required under Sections 127285 and 128905 that are in accord, if applicable, with the systems of accounting and uniform reporting required by this part: (a) The Medi-Cal FQHC/RHC prospective payment system (PPS) rate, if applicable. (b) A detailed labor report including, but not limited to, the following information: (1) The actual number of employees and full-time equivalents, by job classification, including nonlicensed and noncredentialed positions, at the beginning and end of the reporting period. (2) The actual number of contracted or registry staff and full-time equivalents, of contracted or registry staff by job classification, including nonlicensed and noncredentialed positions at the beginning and end of the reporting period. (3) The number of staff vacancies by job classification. (4) The average base hourly wages and base hourly wage ranges (minimum and maximum base hourly wage) by job classification for each job classification with three or more employees. (5) For clinics required to file Return of Organization Exempt From Income Tax form (Form 990) with the Department of the Treasury Internal Revenue Service, information identifying job title and salary of the five highest compensated employees, who received reportable compensation of more than one hundred thousand dollars ($100,000). (6) Aggregated workforce demographic information for each clinic site, including, but not limited to, age, gender, race, and ethnicity, languages spoken, disability status, sexual orientation, and gender identity. Workers shall not be required to provide the information in this paragraph and shall not be subject to discipline or any other adverse action for not providing the information listed. (c) A detailed workforce development report, including, but not limited to, the following: (1) Participation in any local, regional, or statewide labor-management cooperation committee (LMCC), and for each LMCC, the identity of all partners. (2) Data about the nature and extent of participation in allied health care professional degrees and certificate programs, including, but not limited to, the number of clinical placements for each program. (3) Data about the nature and extent of participation in behavioral health professional degree and certificate programs, including, but not limited to, the number of clinical placements for each program. (Amended by Stats. 2024, Ch. 492, Sec. 10. (SB 1511) Effective January 1, 2025.)
  48. 128915.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. )

    Verify source ↗

    The department must keep a file of certain filed reports and make those reports available for inspection and website posting, subject to department rules, state and federal law, and what is permissible.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. ) ## 128915. The department shall maintain a file of all reports filed under this chapter and under Sections 1216 and 127285 at its Sacramento office. Subject to any rules the department may prescribe, and in compliance with state and federal law, these reports shall be produced and made available for inspection upon the demand of any person, and shall also be posted on the department’s internet website, to the extent permissible. (Added by Stats. 2023, Ch. 505, Sec. 5. (SB 779) Effective January 1, 2024.)
  49. 128920.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. )

    Verify source ↗

    The department must administer this chapter and adopt regulations to implement it. Those regulations must require the first annual reports under Section 128910 to be filed by March 15, 2028, using information from the calendar year starting January 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Primary Care Clinic and Specialty Clinic Data [128900 - 128920] ( Chapter 2 added by Stats. 2023, Ch. 505, Sec. 5. ) ## 128920. The department shall administer this chapter and shall adopt all regulations necessary to implement the provisions of this chapter. The regulations shall require the first annual reports described in Section 128910 to be submitted on or before March 15, 2028, using information relating to the calendar year beginning January 1, 2027. (Amended by Stats. 2024, Ch. 492, Sec. 11. (SB 1511) Effective January 1, 2025.)
  50. 1290.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    This section makes violations of listed health facility laws and rules punishable as misdemeanors or an infraction, depending on the subdivision, with fines and possible jail time.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. ) ## 1290. (a) Except as provided in subdivision (b) or (c), any person who violates this chapter or Section 127050 or 128600, or who willfully or repeatedly violates any rule or regulation adopted under this chapter or Section 127050 or 128600 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days, or by both the fine and imprisonment. (b) Any person who violates Section 1286 is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100). (c) Any person who willfully or repeatedly violates this chapter or Chapter 2.4 (commencing with Section 1417), excluding Sections 1425 and 1432, or any rule or regulation adopted under this chapter, relating to the operation or maintenance of a long-term health care facility as defined in Section 1418, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500) or by imprisonment in the county jail for a period not to exceed 180 days, or by both. In determining the punishment to be imposed upon a conviction under this subdivision, the court shall consider all relevant facts, including, but not limited to, the following: (1) Whether the violation exposed the patient to the risk of death or serious physical harm. (2) Whether the violation had a direct or immediate relationship to the health, safety, or security of the patient. (3) Evidence, if any, of willfulness. (4) The number of repeated violations. (5) The presence or absence of good faith efforts by the defendant to prevent the violation. (d) For the purposes of this section, “willfully” or “willful” means the person doing an act or omitting to do an act intends the act or omission, and knows the relevant circumstances connected therewith. (Amended by Stats. 1995, Ch. 415, Sec. 2. Effective January 1, 1996.)
  51. 129000.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This chapter may be cited as the California Health Facility Construction Loan Insurance Law.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129000. This chapter may be cited as the “California Health Facility Construction Loan Insurance Law.” (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  52. 129005.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This chapter is intended to create a no-cost-to-the-state insurance program for certain health facility construction, improvement, and expansion loans.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129005. The purpose of this chapter is to provide, without cost to the state, an insurance program for health facility construction, improvement, and expansion loans in order to stimulate the flow of private capital into health facilities construction, improvement, and expansion and in order to rationally meet the need for new, expanded and modernized public and nonprofit health facilities necessary to protect the health of all the people of this state. The provisions of this chapter are to be liberally construed to achieve this purpose. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  53. 129010.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines key terms used in this chapter and Section 32127.2, including bondholder, borrower, lender, mortgagee, mortgagor, nonprofit corporation, political subdivision, and health facility.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129010. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter and of Section 32127.2. (a) “Bondholder” means the legal owner of a bond or other evidence of indebtedness issued by a political subdivision or a nonprofit corporation. (b) “Borrower” means a political subdivision or nonprofit corporation that has secured or intends to secure a loan for the construction of a health facility. (c) “Construction, improvement, or expansion” or “construction, improvement, and expansion” includes construction of new buildings, expansion, modernization, renovation, remodeling and alteration of existing buildings, acquisition of existing buildings or health facilities, and initial or additional equipping of any of these buildings. In connection therewith, “construction, improvement, or expansion” or “construction, improvement, and expansion” includes the cost of construction or acquisition of all structures, including parking facilities, real or personal property, rights, rights-of-way, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any land where the buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest (prior to, during and for a period after completion of the construction), provisions for working capital, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements, cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing or incident to the construction; or the financing of the construction or acquisition. (d) “Committee” means the Advisory Loan Insurance Committee. (e) “Debenture” means any form of written evidence of indebtedness issued by the State Treasurer pursuant to this chapter, as authorized by Section 4 of Article XVI of the California Constitution. (f) “Fund” means the Health Facility Construction Loan Insurance Fund. (g) “Health facility” means any facility providing or designed to provide services for the acute, convalescent, and chronically ill and impaired, including, but not limited to, public health centers, community mental health centers, facilities for the developmentally disabled, nonprofit community care facilities that provide care, habilitation, rehabilitation or treatment to developmentally disabled persons, facilities for the treatment of chemical dependency, including a community care facility, licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2, a clinic, as defined pursuant to Chapter 1 (commencing with Section 1200) of Division 2, an alcoholism recovery facility, defined pursuant to former Section 11834.11, and a structure located adjacent or attached to another type of health facility and that is used for storage of materials used in the treatment of chemical dependency, and general tuberculosis, mental, and other types of hospitals and related facilities, such as laboratories, outpatient departments, extended care, nurses’ home and training facilities, offices and central service facilities operated in connection with hospitals, diagnostic or treatment centers, extended care facilities, nursing homes, and rehabilitation facilities. “Health facility” also means an adult day health center and a multilevel facility. Except for facilities for the developmentally disabled, facilities for the treatment of chemical dependency, or a multilevel facility, or as otherwise provided in this subdivision, “health facility” does not include any institution furnishing primarily domiciliary care. “Health facility” also means accredited nonprofit work activity programs as defined in subdivision (e) of Section 19352 and Section 19355 of the Welfare and Institutions Code, and nonprofit community care facilities as defined in Section 1502, excluding foster family homes, foster family agencies, adoption agencies, and residential care facilities for the elderly. Unless the context dictates otherwise, “health facility” includes a political subdivision of the state or nonprofit corporation that operates a facility included within the definition set forth in this subdivision. (h) “Department” means the Department of Health Care Access and Information. (i) “Lender” means the provider of a loan and its successors and assigns. (j) “Loan” means money or credit advanced for the costs of construction or expansion of the health facility, and includes both initial loans and loans secured upon refinancing and may include both interim, or short-term loans, and long-term loans. A duly authorized bond or bond issue, or an installment sale agreement, may constitute a “loan.” (k) “Maturity date” means the date that the loan indebtedness would be extinguished if paid in accordance with periodic payments provided for by the terms of the loan. (l) “Mortgage” means a first mortgage on real estate. “Mortgage” includes a first deed of trust. (m) “Mortgagee” includes a lender whose loan is secured by a mortgage. “Mortgagee” includes a beneficiary of a deed of trust. (n) “Mortgagor” includes a borrower, a loan to whom is secured by a mortgage, and the trustor of a deed of trust. (o) “Nonprofit corporation” means any corporation formed under or subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) that is organized for the purpose of owning and operating a health facility and that also meets the requirements of Section 501(c)(3) of the Internal Revenue Code. (p) “Political subdivision” means any city, county, joint powers entity, local hospital district, or the California Health Facilities Authority. (q) “Project property” means the real property where the health facility is, or is to be, constructed, improved, or expanded, and also means the health facility and the initial equipment in that health facility. (r) “Public health facility” means any health facility that is or will be constructed for and operated and maintained by any city, county, or local hospital district. (s) “Adult day health center” means a facility defined under subdivision (b) of Section 1570.7, that provides adult day health care, as defined under subdivision (a) of Section 1570.7. (t) “Multilevel facility” means an institutional arrangement where a residential facility for the elderly is operated as a part of, or in conjunction with, an intermediate care facility, a skilled nursing facility, or a general acute care hospital. “Elderly,” for the purposes of this subdivision, means a person 60 years of age or older. (u) “State plan” means the plan described in Section 129020. (Amended by Stats. 2021, Ch. 143, Sec. 224. (AB 133) Effective July 27, 2021.)
  54. 129015.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must administer this chapter and make any regulations needed to carry it out and meet its stated purposes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129015. The department shall administer this chapter and shall make all regulations necessary to implement the provisions and achieve the purposes stated herein. (Amended by Stats. 2021, Ch. 143, Sec. 225. (AB 133) Effective July 27, 2021.)
  55. 129020.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must run the loan insurance program for certain health facility projects and update a state plan every odd-numbered year.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129020. The department shall implement the loan insurance program for the construction, improvement, and expansion of public and nonprofit corporation health facilities so that, in conjunction with all other existing facilities, the necessary physical facilities for furnishing adequate health facility services will be available to all the people of the state. Every odd-numbered year the department shall develop a state plan for use under this chapter. The plan shall include an overview of the changes in the health care industry, an overview of the financial status of the fund and the loan insurance program implemented by the department, a statement of the guiding principles of the loan insurance program, an evaluation of the program’s success in meeting its mission as outlined in Section 129005, a discussion of administrative, procedural, or statutory changes that may be needed to improve management of program risks or to ensure the program effectively addresses the health needs of Californians, and the priority needs to be addressed by the loan insurance program. The health facility construction loan insurance program shall provide for health facility distribution throughout the state in a manner that will make all types of health facility services reasonably accessible to all persons in the state according to the state plan. (Amended by Stats. 2021, Ch. 143, Sec. 226. (AB 133) Effective July 27, 2021.)
  56. 129022.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Applications submitted to the department must be signed by the applicant under penalty of perjury.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129022. Applications submitted to the department shall be signed under penalty of perjury by the applicant. (Amended by Stats. 2021, Ch. 143, Sec. 227. (AB 133) Effective July 27, 2021.)
  57. 129030.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Loan proceeds insured under this chapter may be disbursed only if the department or its designated agent orders it, and the department must adopt regulations to protect those proceeds.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129030. The proceeds of all loans insured pursuant to this chapter shall be disbursed only upon order of the department or its designated agent. The department shall make regulations to insure the security of these proceeds. (Amended by Stats. 2021, Ch. 143, Sec. 228. (AB 133) Effective July 27, 2021.)
  58. 129035.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department or its designated agent must inspect approved loan-insured projects as needed and, when warranted by the inspection, certify compliance and that an installment is due. The department must charge the borrower an inspection/certification fee, capped at $4 per $1,000 of insured loan.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129035. From time to time the department or its designated agent shall inspect each project for which loan insurance was approved, as needed, and if the inspection so warrants, the department or agent shall certify that the work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of the loan proceeds is due to the borrower. The department shall charge the borrower a fee for these inspections and certifications, that in no instance shall exceed four dollars ($4) for each one thousand dollars ($1,000) of the borrower’s loan that is insured. These fees shall be deposited in the fund. (Amended by Stats. 2021, Ch. 143, Sec. 229. (AB 133) Effective July 27, 2021.)
  59. 129040.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must set a premium charge for insuring loans under this chapter, and borrowers must pay a one-time nonrefundable premium when the loan is insured.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129040. (a) The department shall establish a premium charge for the insurance of loans under this chapter, and this charge shall be deposited in the fund. A one-time nonrefundable premium charge shall be paid at the time the loan is insured. The premium rate may vary based upon the assessed level of relative financial risk determined pursuant to Section 129051, but shall in no event be greater than 3 percent. The amount of premium shall be computed on the basis of the application of the rate to the total amount of principal and interest payable over the term of the loan. (b) The department may annually charge a portion of the premium in advance commencing at the time of issuing or extending the commitment until the date the loan is insured or the commitment expires. The amount of the advance premium shall not exceed six dollars ($6) per year for each one thousand dollars ($1,000) of principal of the proposed loan. The total dollar amount of the premium advanced shall be nonrefundable and shall be credited against the amount of the premium charged pursuant to this section, or if the commitment expires and the loan is not insured, the advance shall be retained by the department to offset costs and expenses of the department related to preliminary work, underwriting the loan commitment, and monitoring construction. (Amended by Stats. 2021, Ch. 143, Sec. 230. (AB 133) Effective July 27, 2021.)
  60. 129045.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must report to the Legislature every year on the program’s financial status, insured portfolio, borrowers in default, and collection efforts.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129000 - 129045] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129045. The department shall annually report to the Legislature the financial status of the program and its insured portfolio, including the status of all borrowers in each stage of default and the department’s efforts to collect from borrowers that have defaulted on their debt service payments. (Amended by Stats. 2021, Ch. 143, Sec. 231. (AB 133) Effective July 27, 2021.)
  61. 129048.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1.5. Hospital Construction Assistance [129048 - 129049] ( Article 1.5 added by Stats. 1999, Ch. 825, Sec. 1. )

    Verify source ↗

    This section states legislative findings about hospital seismic safety and financing, including that hospitals may need a feasibility study to participate in HUD 242 assistance.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1.5. Hospital Construction Assistance [129048 - 129049] ( Article 1.5 added by Stats. 1999, Ch. 825, Sec. 1. ) ## 129048. The Legislature finds and declares all of the following: (a) The State of California has a compelling interest in ensuring that adequate health facilities that are able to withstand seismic events are available to care for patients, especially in the event of a disaster. (b) Hospitals are required, under the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7), to improve, or remove from acute care service, buildings that pose a significant safety risk of collapse and danger to the public by January 1, 2008. (c) Hospitals are also required by that act to repair, rebuild, or remove from service, buildings that may not be repairable or functional following strong ground motion, by January 1, 2030. (d) California hospitals should be enabled to participate in programs that provide financial assistance for hospital construction and retrofitting. (e) The United States Department of Housing and Urban Development operates a HUD 242 loan insurance program, through which hospitals can access facility mortgage insurance and lower interest rates. (f) As a condition for participating in the HUD 242 program, a hospital must have a state-commissioned or conducted feasibility study of a hospital construction project. (Added by Stats. 1999, Ch. 825, Sec. 1. Effective January 1, 2000.)
  62. 129049.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1.5. Hospital Construction Assistance [129048 - 129049] ( Article 1.5 added by Stats. 1999, Ch. 825, Sec. 1. )

    Verify source ↗

    The department may commission feasibility studies for hospital mortgage insurance applications, charge applicants for the administration costs, and require deposits or consultant retention when requested.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1.5. Hospital Construction Assistance [129048 - 129049] ( Article 1.5 added by Stats. 1999, Ch. 825, Sec. 1. ) ## 129049. (a) The department may, at the request of a hospital, commission an independent study of market need and feasibility, as required by the United States Department of Housing and Urban Development, as part of an application for mortgage insurance for hospitals pursuant to Section 1715z-7 of Title 12 of the United States Code, or any other federal mortgage insurance program for health-related facilities. (b) The cost of the feasibility study permitted pursuant to subdivision (a) shall be paid for by the department from reimbursements received from the applicant. (c) Notwithstanding any other provision of law, the department may directly retain independent feasibility consultants and require a deposit from the applicant for the entire cost of the services at the time they are requested. (d) The department shall charge applicants a fee for the reasonable costs of administering this article. (e) The program provided for in this article shall be administered in conformance with the requirements of the United States Department of Housing and Urban Development for feasibility studies authorized by this section and the applicable requirements of state law pertaining to contracts. (Amended by Stats. 2021, Ch. 143, Sec. 232. (AB 133) Effective July 27, 2021.)
  63. 129050.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    A loan can be insured under this chapter only if it meets specified security, insurance, use-of-proceeds, maturity, amortization, interest, repayment, and coverage limits.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129050. A loan shall be eligible for insurance under this chapter if all of the following conditions are met: (a) The loan shall be secured by a first mortgage, first deed of trust, or other first priority lien on a fee interest of the borrower or by a leasehold interest of the borrower having a term of at least 20 years, including options to renew for that duration, longer than the term of the insured loan. The security for the loan shall be subject only to those conditions, covenants and restrictions, easements, taxes, and assessments of record approved by the office, and other liens securing debt insured under this chapter. The department may require additional agreements in security of the loan. (b) The borrower obtains an American Land Title Association title insurance policy with the department designated as beneficiary, with liability equal to the amount of the loan insured under this chapter, and with additional endorsements that the department may reasonably require. (c) The proceeds of the loan shall be used exclusively for the construction, improvement, or expansion of the health facility, as approved by the department under Section 129020. However, loans insured pursuant to this chapter may include loans to refinance another prior loan, whether or not state insured and without regard to the date of the prior loan, if the department determines that the amount refinanced does not exceed 90 percent of the original total construction costs and is otherwise eligible for insurance under this chapter. The department may not insure a loan for a health facility that the office determines is not needed pursuant to subdivision (k). (d) The loan shall have a maturity date not exceeding 30 years from the date of the beginning of amortization of the loan, except as authorized by subdivision (e), or 75 percent of the department’s estimate of the economic life of the health facility, whichever is the lesser. (e) The loan shall contain complete amortization provisions requiring periodic payments by the borrower not in excess of its reasonable ability to pay as determined by the department. The department shall permit a reasonable period of time during which the first payment to amortization may be waived on agreement by the lender and borrower. The department may, however, waive the amortization requirements of this subdivision and of subdivision (g) of this section when a term loan would be in the borrower’s best interest. (f) The loan shall bear interest on the amount of the principal obligation outstanding at any time at a rate, as negotiated by the borrower and lender, as the department finds necessary to meet the loan money market. As used in this chapter, “interest” does not include premium charges for insurance and service charges if any. Where a loan is evidenced by a bond issue of a political subdivision, the interest thereon may be at any rate the bonds may legally bear. (g) The loan shall provide for the application of the borrower’s periodic payments to amortization of the principal of the loan. (h) The loan shall contain those terms and provisions with respect to insurance, repairs, alterations, payment of taxes and assessments, foreclosure proceedings, anticipation of maturity, additional and secondary liens, and other matters the department may in its discretion prescribe. (i) The loan shall have a principal obligation not in excess of an amount equal to 90 percent of the total construction cost. (j) The borrower shall offer reasonable assurance that the services of the health facility will be made available to all persons residing or employed in the area served by the facility. (k) The department has determined that the facility is needed by the community to provide the specified services. In making this determination, the department shall do all of the following: (1) Require the applicant to describe the community needs the facility will meet and provide data and information to substantiate the stated needs. (2) Require the applicant, if appropriate, to demonstrate participation in the community needs assessment required by Section 127350. (3) Survey appropriate local officials and organizations to measure perceived needs and verify the applicant’s needs assessment. (4) Use any additional available data relating to existing facilities in the community and their capacity. (5) Contact other state and federal departments that provide funding for the programs proposed by the applicant to obtain those departments’ perspectives regarding the need for the facility. Additionally, the department shall evaluate the potential effect of proposed health care reimbursement changes on the facility’s financial feasibility. (6) Consider the facility’s consistency with the Cal-Mortgage state plan. (l) In the case of acquisitions, a project loan shall be guaranteed only for transactions not in excess of the fair market value of the acquisition. Fair market value shall be determined, for purposes of this subdivision, pursuant to the following procedure, that shall be utilized during the department’s review of a loan guarantee application: (1) Completion of a property appraisal by an appraisal firm qualified to make appraisals, as determined by the department, before closing a loan on the project. (2) Evaluation of the appraisal in conjunction with the book value of the acquisition by the department. When acquisitions involve additional construction, the department shall evaluate the proposed construction to determine that the costs are reasonable for the type of construction proposed. In those cases where this procedure reveals that the cost of acquisition exceeds the current value of a facility, including improvements, then the acquisition cost shall be deemed in excess of fair market value. (m) Notwithstanding subdivision (i), any loan in the amount of ten million dollars ($10,000,000) or less may be insured up to 95 percent of the total construction cost. In determining financial feasibility of projects of counties pursuant to this section, the department shall take into consideration any assistance for the project to be provided under Section 14085.5 of the Welfare and Institutions Code or from other sources. It is the intent of the Legislature that the department endeavor to assist counties in whatever ways are possible to arrange loans that will meet the requirements for insurance prescribed by this section. (n) The project’s level of financial risk meets the criteria in Section 129051. (Amended by Stats. 2021, Ch. 143, Sec. 233. (AB 133) Effective July 27, 2021.)
  64. 129051.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must create and use a financial-risk assessment system for applicants and set a maximum acceptable risk level for insured projects.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129051. (a) The department shall develop and implement a system for assessing the relative financial risk of the applicant. The system shall include, but is not limited to, an assessment of the applicant’s financial strength, credit history, security for the loan, cash-flow, and ability to repay the debt. (b) The department shall establish a maximum acceptable level of financial risk for the projects it insures. The department may only approve a project if its risk level is below the established maximum, except as provided in subdivision (c). (c) The department may approve a project with a level of insurance risk that exceeds the established maximum if the department determines that the project meets a significant community need or will be a sole community provider. (Amended by Stats. 2021, Ch. 143, Sec. 234. (AB 133) Effective July 27, 2021.)
  65. 129052.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    A pledge or security interest granted to or by the department is valid from the time it is made, and the pledged property is immediately subject to the lien without delivery or further action.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129052. A pledge by or to the department of, or the grant to the department of a security interest in, revenues, moneys, accounts, accounts receivable, contract rights, general intangibles, documents, instruments, chattel paper, and other rights to payment of whatever kind made by or to the department pursuant to the authority granted in this chapter shall be valid and binding from the time the pledge is made for the benefit of pledgees and successors thereto. The revenues, moneys, accounts, accounts receivable, contract rights, general intangibles, documents, instruments, chattel paper, and other rights to payment of whatever kind pledged by or to the department or its assignees shall immediately be subject to the lien of the pledge without physical delivery or further act. The lien of such pledge shall be valid and binding against all parties, irrespective of whether the parties have notice of the lien. The indenture, trust agreement, resolution, or another instrument by which such pledge is created need not be recorded or the security interest otherwise perfected. (Amended by Stats. 2021, Ch. 143, Sec. 235. (AB 133) Effective July 27, 2021.)
  66. 129055.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    A qualifying borrower must show its facility serves patients in a reasonable proportion tied to Medi-Cal and Medicare patient shares in the community.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129055. In order to comply with subdivision (j) of Section 129050, any borrower that is certified for reimbursement for cost of care under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code shall demonstrate that its facility is used by persons for whom the cost of care is reimbursed under that chapter, in a proportion that is reasonable based upon the proportion of Medi-Cal patients in the community served by the borrower and by persons for whom the costs of care is reimbursed under Title XVIII of the federal Social Security Act in a proportion that is reasonable based upon the proportion of Medicare patients in the community served by the borrower. For the purposes of this chapter, the community means the service areas or patient populations for which the health facility provides health care services, unless the department determines that, or the borrower demonstrates to the satisfaction of the office that, a different definition is more appropriate for the borrower’s facility. (Amended by Stats. 2021, Ch. 143, Sec. 236. (AB 133) Effective July 27, 2021.)
  67. 129060.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section makes certain recovery, treatment, and services facilities subject to subdivisions (b) and (c) of Section 129355.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129060. Subdivisions (b) and (c) of Section 129355 shall apply to any residential or nonresidential alcoholism or drug abuse recovery or treatment program or facility, as certified under Section 11831.5, or licensed under former Section 11834.19; and any facility that provides an organized program of therapeutic, social, and health activities and services to persons with functional impairments, as licensed under Section 1576. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  68. 129065.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain hospital borrowers must give patient-eligibility information, share physician lists, notify staff of the community service obligation, post required notices, and provide posting copies to county welfare offices.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129065. As part of its assurance under subdivision (j) of Section 129050, any borrower that is a general acute care hospital or acute psychiatric hospital shall agree to the following actions: (a) To advise each person seeking services at the borrower’s facility as to the person’s potential eligibility for Medi-Cal and Medicare benefits or benefits from other governmental third party payers. (b) To make available to the department and to any interested person a list of physicians with staff privileges at the borrower’s facility, that includes: (1) Name. (2) Speciality. (3) Language spoken. (4) Whether takes Medi-Cal and Medicare patients. (5) Business address and phone number. (c) To inform in writing on a periodic basis all practitioners of the healing arts having staff privileges in the borrower’s facility as to the existence of the facility’s community service obligation. The required notice to practitioners shall contain a statement, as follows: “This hospital has agreed to provide a community service and to accept Medi-Cal and Medicare patients. The administration and enforcement of this agreement is the responsibility of the Department of Health Care Access and Information and this facility.” (d) To post notices in the following form, that shall be multilingual where the borrower serves a multilingual community, in appropriate areas within the facility, including but not limited to, admissions offices, emergency rooms, and business offices: NOTICE OF COMMUNITY SERVICE OBLIGATION “This facility has agreed to make its services available to all persons residing or employed in this area. This facility is prohibited by law from discriminating against Medi-Cal and Medicare patients. Should you believe you may be eligible for Medi-Cal or Medicare, you should contact our business office (or designated person or office) for assistance in applying. You should also contact our business office (or designated person or office) if you are in need of a physician to provide you with services at this facility. If you believe that you have been refused services at this facility in violation of the community service obligation you should inform (designated person or office) and the Department of Health Care Access and Information.” The borrower shall provide copies of this notice for posting to all welfare offices in the county where the borrower’s facility is located. (Amended by Stats. 2021, Ch. 143, Sec. 237. (AB 133) Effective July 27, 2021.)
  69. 129070.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    A borrower that cannot prove it meets Section 129055 may still qualify for a loan if it submits a department-satisfactory plan with reasonable steps and timetables to achieve compliance.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129070. In the event the borrower cannot demonstrate that it meets the requirement of Section 129055, it may nonetheless be eligible for a loan under this chapter if it presents a plan that is satisfactory to the department that details the reasonable steps and timetables that the borrower agrees to take to bring the facility into compliance with Section 129055. (Amended by Stats. 2021, Ch. 143, Sec. 238. (AB 133) Effective July 27, 2021.)
  70. 129075.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Borrowers must provide required reports, and the department must review compliance and act on noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129075. (a) Each borrower shall provide any reports as may be required of it by Part 5 (commencing with Section 128675), from which the department shall determine the borrower’s compliance with subdivision (j) of Section 129050. (b) If a report indicates noncompliance with subdivision (j) of Section 129050, Section 129055, or Section 129065, the department shall require the borrower to submit a plan detailing the steps and timetables the borrower will take to bring the facility into compliance. (c) The department shall annually report to the Legislature the extent of the borrowers’ compliance with their community service obligations pursuant to subdivision (j) of Section 129050, Section 129055, and Section 129065. (Amended by Stats. 2021, Ch. 143, Sec. 239. (AB 133) Effective July 27, 2021.)
  71. 129080.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may impose additional remedies and sanctions on a borrower if specified compliance failures occur.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129080. The department may impose additional appropriate remedies and sanctions against a borrower when any of the following occurs: (a) The department determines that the annual compliance report required in Section 129075 indicates that the borrower is out of compliance with subdivision (j) of Section 129050. (b) A facility fails to carry out the actions agreed to in a plan approved by the department pursuant to Section 129070. (c) The facility fails to submit compliance reports as required by Section 129075. The additional remedies include referring the violation to the office of Attorney General of California for legal action authorized under existing law or other remedy at law or equity. However, the remedies obtainable by legal action shall not include withdrawal or cancellation of the loan insurance provided under this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 240. (AB 133) Effective July 27, 2021.)
  72. 129085.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may treat certain noncontracting borrowers as meeting loan insurance requirements, and it may waive a hospital emergency-service requirement in specified hardship or public-interest situations.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129085. (a) If a borrower is unable to comply with subdivision (j) of Section 129050 due to selective provider contracting under the Medi-Cal program, and the department has determined the borrower has negotiated in good faith but was not awarded a contract, the borrower may be eligible for insurance under this chapter as provided in subdivision (b). (b) The department may determine that a noncontracting borrower shall be considered as meeting the requirements of subdivision (j) of Section 129050 if the borrower otherwise provides a community service in accordance with regulations adopted by the department. The regulations shall describe alternative methods of meeting the obligation, that may include, but not be limited to, providing free care, charity care, trauma care, community education, or primary care outreach and care to the elderly, in amounts greater than the community average. The regulations shall include a requirement that a general acute care hospital, that is not a small and rural hospital as defined in Section 124840, shall have, and continue to maintain, a 24-hour basic emergency medical service with a physician on duty, if it provided this service on January 1, 1990. The department shall have the authority to waive this requirement upon a determination by the director that this requirement would create a hardship for the hospital, be inconsistent with regionalization of emergency medical services, or not be in the best interest of the population served by the hospital. (Amended by Stats. 2021, Ch. 143, Sec. 241. (AB 133) Effective July 27, 2021.)
  73. 129087.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must develop and maintain a formal system for monitoring borrowers.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129087. The department shall develop and maintain a formal system of monitoring borrowers, in order to assist the department in detecting at the earliest possible date those borrowers who are experiencing financial difficulties. This system shall include, but shall not be limited to, all of the following: (a) A method of tracking the receipt of information that borrowers are required by law and regulatory agreement to submit to the department. (b) A process for thoroughly reviewing borrowers’ financial statements, budgets, auditor’s management letters, and health facility utilization trends. (c) Timely and structured site visits to insured facilities. (Amended by Stats. 2021, Ch. 143, Sec. 242. (AB 133) Effective July 27, 2021.)
  74. 129090.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Political subdivisions and nonprofit corporations may apply for state insurance of certain health facility loans, but applications must be filed with the department and include a fee.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129090. Pursuant to this chapter, political subdivisions and nonprofit corporations may apply for state insurance of needed construction, improvement, or expansion loans for construction, remodeling, or acquisition of health facilities to be or already owned, established, and operated by them as provided in this chapter. Applications shall be submitted to the department by the nonprofit corporation or political subdivision authorized to construct and operate a health facility. Each application shall conform to the requirements of the department, shall be submitted in the manner and form prescribed by the department, and shall be accompanied by an application fee of one-half of 1 percent of the amount of the loan applied for, but in no case shall the application fee exceed five hundred dollars ($500). The fees shall be deposited by the department in the fund and used to defray the office’s expenditures in the administration of this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 243. (AB 133) Effective July 27, 2021.)
  75. 129092.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    When a borrower applies for insurance, the department must conduct a feasibility study for the proposed project, and the applicant must pay the study’s cost.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129092. Notwithstanding any other provision of law, upon the application of a borrower for insurance, the department shall perform a feasibility study relating to the proposed project, the cost of which shall be paid by the applicant. The department may retain independent consultants and require a deposit from the applicant for such services, upon submission of the application. This section shall take effect on January 1, 2001. (Amended by Stats. 2021, Ch. 143, Sec. 244. (AB 133) Effective July 27, 2021.)
  76. 129095.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may not regulate or require approval of a professional or the professional’s fee for the initial loan insurance application.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129095. (a) The department shall not regulate, impose requirements on, or require approval by the department of a professional, or a fee charged by a professional, used by applicants for the initial application for loan insurance. The choice of any professional and the funding source used shall be left entirely to the participants. (b) For purposes of this section, “professional” includes, but is not limited to, an underwriter, bond counsel, or consultant. (c) Nothing in this section shall prohibit the department, in the event of defaults, from taking any action authorized under this chapter to protect the financial interest of the state. (Amended by Stats. 2021, Ch. 143, Sec. 245. (AB 133) Effective July 27, 2021.)
  77. 1291.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The director may seek an injunction against violations of Section 1253, and certain local health officers may also do so after a qualifying finding. The department must try to give written notice before bringing the action, and the court must issue an injunction if it finds an actual violation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. ) ## 1291. The director may bring an action to enjoin the violation or threatened violation of Section 1253 in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. Upon a finding by the director that the violations threaten the health or safety of patients in, or served by, a health facility, the health officer of any county or city health department which has been delegated inspection authority as defined in Section 1257 may bring an action to enjoin the violation, threatened violation, or continued violation by any health facility which is located in an area which is under his or her local health jurisdiction. Prior to bringing an action to enjoin the violation, the department shall ensure, to the extent feasible, that written notice of the proposed action is provided to each patient or the party responsible for each patient, each patient’s physician and appropriate agencies which may be able to assist in, or facilitate, the placement of the patient in a licensed facility. With respect to any and all actions brought pursuant to this section alleging the actual violation of Section 1253, the court shall, if it finds the allegations to be true, issue its order enjoining the facility from continuance of the violation. (Amended by Stats. 1987, Ch. 233, Sec. 1.)
  78. 129100.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Applicants for insurance must get a fair hearing before the committee on 10 days’ written notice, and the department may approve applications that meet the stated requirements.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129100. Every applicant for insurance shall be afforded an opportunity for a fair hearing before the committee upon 10 days’ written notice to the applicant. If the department, after affording reasonable opportunity for development and presentation of the application and after receiving the advice of the committee, finds that an application complies with the requirements of this article and of Section 129020 and is otherwise in conformity with the state plan, it may approve the application for insurance. The department shall consider and approve applications in the order of relative need set forth in the state plan in accordance with Section 129020. Judicial review of a final decision made under this section may be had by filing a petition for writ of mandate. Any petition shall be filed within 30 days after the date of the final decision of the department. (Amended by Stats. 2021, Ch. 143, Sec. 246. (AB 133) Effective July 27, 2021.)
  79. 129105.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may insure eligible loans after a borrower applies, and the department’s director has discretion over whether to grant loan insurance.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129105. The department may upon application of the borrower insure any loan that is eligible for insurance under this chapter, and upon the terms prescribed by the department, may make commitments for the insuring of the loans prior to their date of execution or disbursement thereon. The decision to grant loan insurance upon an application of the borrower is within the discretion of the director of the department. Showing need for the project or meeting the eligibility requirements for loan insurance and establishing financial feasibility of the project or recommendation for approval from the committee does not create any entitlement to loan insurance. (Amended by Stats. 2021, Ch. 143, Sec. 247. (AB 133) Effective July 27, 2021.)
  80. 129110.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    An insurance contract issued by the department under this chapter conclusively proves the loan was eligible for insurance, and the contract cannot be challenged after execution except for lender fraud or misrepresentation.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Insurable Loans and Applications Therefor [129050 - 129110] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129110. Any contract of insurance executed by the department under this chapter shall be conclusive evidence of the eligibility of the loan for insurance and the validity of any contract of insurance so executed shall be incontestable from the date of the execution of the contract, except in case of fraud or misrepresentation on the part of the lender. (Amended by Stats. 2021, Ch. 143, Sec. 248. (AB 133) Effective July 27, 2021.)
  81. 129125.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If a lender meets the stated foreclosure, conveyance, and assignment conditions, it is entitled to insurance benefits, and the department and Treasurer must act to process and issue debentures.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129125. In any case when the lender under a loan to a nonprofit corporation insured under this chapter shall have foreclosed and taken possession of the property under a mortgage in accordance with regulations of, and within a period to be determined by the department, or shall, with the consent of the department, have otherwise acquired the property from the borrower after default, the lender shall be entitled to receive the benefit of the insurance as provided in this section, upon (a) the prompt conveyance to the office of title to the property that meets the requirements of the regulations of the department in force at the time the loan was insured, and that is evidenced in the manner prescribed by the regulations, and (b) the assignment to the department of all claims of the lender against the borrower or others arising out of the loan transaction or foreclosure proceedings except claims that may have been released with the consent of the department. Upon the conveyance and assignment, the department shall notify the Treasurer, who shall issue to the lender debentures having a total face value equal to the outstanding value of the loan. For the purposes of this section, the outstanding value of the loan shall be determined, in accordance with the regulations prescribed by the department, by (a) adding to the amounts of the original principal obligation of the loan and interest that are accrued and unpaid the amount of all payments that have been made by the lender for the following: taxes and assessments, ground rents, water rates, and other liens that are prior to the mortgage; charges for the administration, operation, maintenance and repair of the health facility property; insurance on the project property, loan insurance premiums, and any tax imposed by a city or county upon any deed or other instrument by which the property was acquired by the lender and transferred or conveyed to the office; and the costs of foreclosure or of acquiring the property by other means actually paid by the lender and approved by the department; and by (b) deducting from the total amount any amounts received by the lender after the borrower’s default on account of the loans or as rent or other income from the property. (Amended by Stats. 2021, Ch. 143, Sec. 249. (AB 133) Effective July 27, 2021.)
  82. 129130.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    When certain insured debt defaults, the Treasurer must issue debentures matching the unpaid principal and interest, on the same interest rate and payment schedule as the bonds.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129130. In any case when a political subdivision defaults on the payment of interest or principal accrued and due on bonds or other evidences of indebtedness insured under this chapter, debentures in an amount equal to the outstanding original principal obligation and interest on the bonds that were accrued and unpaid on the date of default and bearing interest at a rate equal to and payment schedule identical with those of the bonds shall be issued by the Treasurer upon notification thereof by the department to the bondholders upon the surrender of the bonds to the department. In any case in which a hospital district defaults on the payment of interest or principal accrued and due on an insured loan secured by a first mortgage, first deed of trust, or other security agreement as authorized by Section 32127.2, debentures in an amount equal to the outstanding original principal obligation and interest on the bonds that were accrued and unpaid on the date of default and bearing interest at a rate equal to and payment schedule identical with those of the bonds shall be issued by the Treasurer upon notification thereof by the department to the bondholders upon surrender of the bonds to the department after the state has enforced its rights under the first mortgage, first deed of trust, or other security agreement. (Amended by Stats. 2021, Ch. 143, Sec. 250. (AB 133) Effective July 27, 2021.)
  83. 129135.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may let a lender make a direct conveyance of title and possession to the department, and may pay insurance benefits to the lender, if regulations allow it.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129135. Notwithstanding any requirement contained in this chapter relating to acquisition of title and possession of the project property by the lender and its subsequent conveyance and transfer to the department, and for the purpose of avoiding unnecessary conveyance expense in connection with payment of insurance benefits under the provisions of this chapter, the department may, subject to regulations that it may prescribe, permit the lender to tender to the department a satisfactory conveyance of title and transfer of possession direct from the borrower or other appropriate grantor and to pay to the lender the insurance benefits to which it would otherwise be entitled if the conveyance had been made to the lender and from the lender to the department. (Amended by Stats. 2021, Ch. 143, Sec. 251. (AB 133) Effective July 27, 2021.)
  84. 129140.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If the department learns of a default on an insured loan, it may acquire the loan and related security agreements by issuing debentures to the lender.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129140. Upon receiving notice of the default of any loan insured under this chapter, the department, in its discretion and for the purpose of avoiding foreclosure under Section 129125 and notwithstanding the fact that it has previously approved a request of the lender for extensions of the time for curing the default and of the time for commencing foreclosure proceedings or for otherwise acquiring title to the project property, or has approved a modification of the loan for the purpose of changing the amortization provisions by recasting the unpaid balance, may acquire the loan and security agreements securing the loans upon the issuance to the lender of debentures in an amount equal to the unpaid principal balance of the loan plus any accrued unpaid loan interest plus reimbursement for the costs and attorney’s fees of the lender enumerated in Section 129125. After the acquisition of the loan and security interests therefor by the department, the lender shall have no further rights, liabilities, or obligations with respect thereto. The provisions of Section 129125 relating to the issuance of debentures incident to the acquisition of foreclosed properties shall apply with respect to debentures issued under this section, and the provisions of this chapter relating to the rights, liabilities, and obligations of a lender shall apply with respect to the department when it has acquired an insured loan under this section, in accordance with and subject to any regulations prescribed by the department modifying the provisions to the extent necessary to render their application for these purposes appropriate and effective. (Amended by Stats. 2021, Ch. 143, Sec. 252. (AB 133) Effective July 27, 2021.)
  85. 129145.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may, in its discretion and after certain findings, pay the lender from the fund to cure a borrower default.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129145. Notwithstanding any other provision of this chapter, after the department determines that the lender and borrower have exhausted all reasonable means of curing any default, the department within its discretion may, when it is in the best interests of the state, the borrower, and the lender, cure the default of the borrower by making payment from the fund directly to the lender of any amounts of the original principal obligation and interest of the loan that are accrued and unpaid. The payment shall be secured by an assignment to the department of a pro rata share of the security agreements made to the lender and, upon the payment, the borrower shall become liable for repayment of the amount thereof to the office over a period and at a rate of interest as shall be determined by the department. (Amended by Stats. 2021, Ch. 143, Sec. 253. (AB 133) Effective July 27, 2021.)
  86. 129150.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may consent to a lender releasing a borrower from loan liability or releasing part of the project property from a lien, under conditions it prescribes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129150. The department may at any time, under the terms and conditions that it may prescribe, consent to the lender’s release of the borrower from its liability under the loan or the security agreement securing the loan, or consent to the release of parts of the project property from the lien of any security agreement. (Amended by Stats. 2021, Ch. 143, Sec. 254. (AB 133) Effective July 27, 2021.)
  87. 129152.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If a borrower defaults or misses required reports, the department must follow a step-by-step response process, starting with informal communication and escalating to a written demand, an onsite visit, and possible remedies.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129152. If a borrower fails to submit a required report, or upon any other default of any regulatory or contractual term or covenant, whether or not a default has been declared, the department first shall informally communicate with the borrower. If the borrower fails to submit the required report or otherwise cure the default, the department shall issue a formal demand in writing stating the nature of the default and requiring the borrower to submit a detailed plan of correction that is acceptable to the office. If the borrower fails to either submit a plan, or timely cure the default, the department shall perform an onsite visit. If the department determines the borrower is not making sufficient progress in submitting any required reports or otherwise curing any default, the department may require the borrower, at the borrower’s expense, to employ an independent consultant or professional, acceptable to the department, to conduct a program audit. If the borrower fails to adopt the recommendations of the independent consultant or professional made in the program audit, or if the borrower fails to otherwise timely cure the default, the department shall have all the remedies set forth in the Section 129173. (Amended by Stats. 2021, Ch. 143, Sec. 255. (AB 133) Effective July 27, 2021.)
  88. 129155.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Debentures issued under this chapter must follow the form, denomination, and any redemption terms set by the department, with the Treasurer’s approval, and may be issued as coupon or registered debentures.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129155. Debentures issued under this chapter shall be in the form and denomination, subject to the terms and conditions, and include provisions for redemption, if any, as may be prescribed by the department with the approval of the Treasurer, and may be in coupon or registered form. (Amended by Stats. 2021, Ch. 143, Sec. 256. (AB 133) Effective July 27, 2021.)
  89. 129160.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Rules for debentures issued under this chapter: they must be signed by the Treasurer, dated under the stated rules, carry interest tied to the insured loan or bonds, receive specified tax treatment, be paid from the fund, and be guaranteed by the State of California.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129160. (a) (1) All debentures issued under this chapter to any lender or bondholder shall be executed in the name of the fund as obligor, shall be signed by the Treasurer, and shall be negotiable. Pursuant to Sections 129125 and 129130, all debentures shall be dated as of the date of the institution of foreclosure proceedings or as of the date of the acquisition of the property after default by other than foreclosure, or as of another date as the department, in its discretion, may establish. (2) The debentures shall bear interest from that date at a rate equal to the insured loan or bonds, and shall be payable on a payment schedule identical with payments on the insured loan or bonds. The Treasurer shall take appropriate steps to the extent feasible to provide that interest on the debentures is exempt from federal income taxation under Section 103 of the Internal Revenue Code to the extent interest on the insured loan or bonds is exempt from federal income taxation under Section 103 of the Internal Revenue Code on the date the insured loan or bonds is exchanged for debentures. All debentures shall be exempt, both as to principal and interest, from all taxation now or hereafter imposed by the state or local taxing agencies, shall be paid out of the fund, which shall be primarily liable therefor, and shall be, pursuant to Section 4 of Article XVI of the California Constitution, fully and unconditionally guaranteed as to principal and interest by the State of California, which guaranty shall be expressed on the face of the debentures. (3) If the fund fails to pay upon demand, when due, the principal of, or interest on, any debentures issued under this chapter, the Treasurer shall pay to the holders the amount thereof, which amount, notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated from the General Fund, without regard to fiscal years, and thereupon to the extent of the amount so paid the Treasurer shall succeed to all the rights of the holders of the debentures. The fund shall be liable for repayment to the General Fund of any money paid from the General Fund pursuant to this section in accordance with procedures jointly established by the Treasurer and the department. (b) Any debenture issued under this article shall be paid on a par with general obligation bonds issued by the state. (Amended by Stats. 2021, Ch. 143, Sec. 257. (AB 133) Effective July 27, 2021.)
  90. 129165.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department has power to manage and dispose of certain properties and to collect assigned claims, and it may execute related property and loan documents itself or through appointed officers.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129165. Notwithstanding any other provision of law relating to the acquisition, management or disposal of real property by the state, the department shall have power to deal with, operate, complete, lease, rent, renovate, modernize, insure, or sell for cash or credit, in its discretion, any properties conveyed to it in exchange for debentures as provided in this chapter; and notwithstanding any other provision of law, the department shall also have power to pursue to final collection by way of compromise or otherwise all claims against borrowers assigned by lenders to the department as provided in this chapter. All income from the operation, rental, or lease of the property and all proceeds from the sale thereof shall be deposited in the fund and all costs incurred by the office in its exercise of powers granted in this section shall be met by the fund. The power to convey and to execute in the name of the department deeds of conveyance, deeds of release, assignments and satisfactions of loans and mortgages, and any other written instrument relating to real or personal property or any interest therein acquired by the department pursuant to the provisions of this chapter may be exercised by the department or by any officer of the department appointed by it. (Amended by Stats. 2021, Ch. 143, Sec. 258. (AB 133) Effective July 27, 2021.)
  91. 129170.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Lenders and borrowers have no right or interest in certain property or assigned claims, and the department owes them no duty about managing or disposing of that property.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129170. No lender or borrower shall have any right or interest in any property conveyed to the department or in any claim assigned to it, nor shall the department owe any duty to any lender or borrower with respect to the management or disposal of this property. (Amended by Stats. 2021, Ch. 143, Sec. 259. (AB 133) Effective July 27, 2021.)
  92. 129172.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section says that, in certain foreclosure-related enforcement actions by the department before foreclosing on borrower collateral, the action is not treated as a Code of Civil Procedure Section 726 action or as a money or deficiency judgment for the listed sections.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129172. Notwithstanding any other provision of law, if, prior to foreclosing on any collateral provided by a borrower, the department institutes a judicial proceeding or takes any action against a borrower to enforce compliance with the obligations set out in the regulatory agreement, the contract of insurance, or any other contractual loan closing document or law, including, but not limited to, Section 129173, that remedy or action shall not constitute an action within the meaning of subdivision (a) of Section 726 of the Code of Civil Procedure, or in any way constitute a violation of the intent or purposes of Section 726 of the Code of Civil Procedure, or constitute a money judgment or a deficiency judgment within the meaning of Sections 580a, 580b, 580d, or subdivision (b) of Section 726 of the Code of Civil Procedure. However, these provisions of the Code of Civil Procedure shall apply to any judicial proceeding instituted, or nonjudicial foreclosure action taken by the department to collect the principal and interest due on the loan with the borrower. (Amended by Stats. 2021, Ch. 143, Sec. 260. (AB 133) Effective July 27, 2021.)
  93. 129173.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If a borrower’s financial condition may jeopardize repayment or care delivery, the department can take control measures; the borrower must keep the department informed of governing-body meetings and not exclude it.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129173. (a) In fulfilling the purposes of this article, as set forth in Section 129005, and upon making a determination that the financial status of a borrower may jeopardize a borrower’s ability to fulfill its obligations under any insured loan transaction so as to threaten the economic interest of the department in the borrower or to jeopardize the borrower’s ability to continue to provide needed health care services in its community, including, but not limited to, a declaration of default under any contract related to the transaction, the borrower missing any payment to its lender, or the borrower’s accounts payable exceeding three months, the department may assume or direct managerial or financial control of the borrower in any or all of the following ways: (1) The department may supervise and prescribe the activities of the borrower in the manner and under the terms and conditions as the office may stipulate in any contract with the borrower. (2) Notwithstanding the provisions of the articles of incorporation or other documents of organization of a nonprofit corporation borrower, this control may be exercised through the removal and appointment by the department of members of the governing body of the borrower sufficient so that the new members constitute a voting majority of the governing body. (3) In the event the borrower is a nonprofit corporation or a political subdivision, the department may request the Secretary of the California Health and Human Services Agency to appoint a trustee. The trustee shall have full and complete authority of the borrower over the insured project, including all property on which the department holds a security interest. No trustee shall be appointed unless approved by the department. A trustee appointed by the secretary pursuant to this subdivision may exercise all the powers of the officers and directors of the borrower, including the filing of a petition for bankruptcy. No action at law or in equity may be maintained by any party against the office or a trustee by reason of their exercising the powers of the officers and directors of a borrower pursuant to the direction of, or with the approval of, the secretary. (4) The department may institute any action or proceeding, or the department may request the Attorney General to institute any action or proceeding against any borrower, to obtain injunctive or other equitable relief, including the appointment of a receiver for the borrower or the borrower’s assets, in the superior court in and for the county in which the assets or a substantial portion of the assets are located. The proceeding under this section for injunctive relief shall conform with the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show lack of adequate remedy at law, or to show irreparable loss or damage. Injunctive relief may compel the borrower, its officers, agents, or employees to perform each and every provision contained in any regulatory agreement, contract of insurance, or any other loan closing document to which the borrower is a party, or any obligation imposed on the borrower by law, and require the carrying out of any and all covenants and agreements and the fulfillment of all duties imposed on the borrower by law or those documents. A receiver may be appointed pursuant to Chapter 5 (commencing with Section 564) of Title 7 of Part 2 of the Code of Civil Procedure. In cooperation with the Attorney General, the department shall develop and maintain a list of receivers who have demonstrated experience both in the health care field and as a receiver. Upon a proper showing, the court shall grant the relief provided by law and requested by the department or the Attorney General. No receiver shall be appointed unless approved by the department. The department shall establish reporting requirements for receivers to ensure that the department is fully apprised of all costs incurred and progress made by the receiver. A receiver appointed by the superior court pursuant to this subdivision and Section 564 of the Code of Civil Procedure may, with the approval of the court, exercise all of the powers of the officers and directors of the borrower, including the filing of a petition for bankruptcy. No action at law or in equity may be maintained by any party against the department, the Attorney General, or a receiver by reason of their exercising the powers of the officers and directors of a borrower pursuant to the order of, or with the approval of, the superior court. (5) The borrower shall inform the department in advance of all meetings of its governing body. The borrower shall not exclude the department from attending any meeting of the borrower’s governing body. (b) Other than the loan insured under this chapter, the department shall not be liable for any debt of a borrower, or to a borrower, as a result of the department asserting its legal remedies against a borrower insured under this chapter. (c) It is the intent of the Legislature that this section is remedial in nature, and is applicable retroactively to any health facility construction loans in existence at the time of its enactment, to the extent that the application of this section does not unlawfully impair existing contract rights. (Amended by Stats. 2021, Ch. 143, Sec. 261. (AB 133) Effective July 27, 2021.)
  94. 129174.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If a borrower defaults on an insured loan, the office may take several bond-related actions, and the department and Treasurer have related duties on request or after acceleration.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129174. (a) In the event a borrower has defaulted in making its payments on the loan insured by the department to the lender or the borrower’s bond trustee, at any time thereafter, the office may do any of the following: (1) Decease a portion or all of the bonds or may purchase a portion or all of the bonds at a private or public sale or on the open market. For this purpose, the department may use any funds available, including, but not limited to, funds in the Health Facility Construction Loan Insurance Fund, funds that the department may receive either from settlement or recoveries from lawsuits, funds from the sale of assets of the borrower, or funds held by the borrower’s bond trustee. If requested by the department, the Treasurer shall purchase the bonds on behalf of the office. Upon the purchase of any bonds under this section, the department shall direct the borrower’s bond trustee to cancel the bonds purchased. (2) Issue bonds used for the sole purpose of refunding any part or all of the defaulted bonds, provided that, in the opinion of the department, there are adequate present value savings to refund all or part of the defaulted bonds. If requested by the department, the Treasurer shall act as the issuer for this purpose. (3) Require the lender or borrower’s bond trustee to accelerate the borrower’s debt and the maturity dates of the bonds, if any. If the bond trustee accelerates the bond debt and maturity dates, the department shall pay from the fund to the lender or borrower’s bond trustee the full amount of the remaining principal of the loan, any interest accrued and unpaid on this amount, and any costs enumerated in Section 129125. (b) For the purposes of this section, “bonds” mean bonds, certificate of participation, notes, or other evidence of indebtedness of a loan insured by the department. (Amended by Stats. 2021, Ch. 143, Sec. 262. (AB 133) Effective July 27, 2021.)
  95. 129174.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If a borrower on a department-insured loan is in bankruptcy and a plan is up for confirmation, the department may vote to accept or reject the plan for the loan’s holders, if it certifies the insurance is in place.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Defaults [129125 - 129174.1] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129174.1. In the event an obligor on a loan insured by the department is the subject of an order for relief in bankruptcy and that a plan has been proposed for confirmation, upon a certification by the department that the insurance is in place and would be in place if the plan were confirmed, then the department shall have the right to vote whether to accept or reject the plan on behalf of the holders of the loan insured by the department. (Amended by Stats. 2021, Ch. 143, Sec. 263. (AB 133) Effective July 27, 2021.)
  96. 129175.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Termination of Insurance [129175 - 129185] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If a borrower is more than 10 days late on premium charges or inspection fees, the department must notify the borrower in writing.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Termination of Insurance [129175 - 129185] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129175. Should a borrower be more than 10 days delinquent in paying the premium charges or inspection fees for insurance under this chapter, the department shall notify the borrower in writing. If that payment remains delinquent more than 30 days after the sending of the department’s notice to the borrower, the department shall make every reasonable effort to notify the lender in writing. If that delinquency continues, on the 31st day after sending of the department’s notice to the lender, the insurance shall be terminated and become null and void. (Amended by Stats. 2021, Ch. 143, Sec. 264. (AB 133) Effective July 27, 2021.)
  97. 129180.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Termination of Insurance [129175 - 129185] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The duty to pay later premium charges ends, and the lender’s and borrower’s rights under this chapter end, when the stated notice-based conditions occur.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Termination of Insurance [129175 - 129185] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129180. The obligation to pay any subsequent premium charge for insurance shall cease, and all rights of the lender and the borrower under this chapter shall terminate as of the date of the notice, as herein provided, in the event that (a) any lender under a loan forecloses on the mortgaged property, or has otherwise acquired the project property from the borrower after default, but does not convey the property to the department in accordance with this chapter, and the department is given written notice thereof, or (b) the borrower pays the obligation under the loan in full prior to the maturity thereof, and the department is given written notice thereof. (Amended by Stats. 2021, Ch. 143, Sec. 265. (AB 133) Effective July 27, 2021.)
  98. 129185.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Termination of Insurance [129175 - 129185] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may terminate an insurance contract if the borrower and lender jointly request it and the department receives a termination charge it finds equitable.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Termination of Insurance [129175 - 129185] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129185. The department is authorized to terminate any insurance contract upon joint request by the borrower and the lender and upon payment of a termination charge that the department determines to be equitable, taking into consideration the necessity of protecting the fund. Upon the termination, borrowers and lenders shall be entitled to the rights, if any, that they would be entitled to under this chapter if the insurance contract were terminated by payment in full of the insured loan. (Amended by Stats. 2021, Ch. 143, Sec. 266. (AB 133) Effective July 27, 2021.)
  99. 1292.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    An action by the director against a health facility does not stop because the facility is sold or transferred, unless the director gives express written consent.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. ) ## 1292. Any action brought by the director against a health facility shall not abate by reason of a sale or other transfer of ownership of the health facility which is a party to the action except with express written consent of the director. (Repealed and added by Stats. 1973, Ch. 1202.)
  100. 129200.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Facility Construction Loan Insurance Fund [129200 - 129215] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    A Health Facility Construction Loan Insurance Fund is created, and the department must use it as a revolving fund for this chapter’s provisions and administrative costs.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Facility Construction Loan Insurance Fund [129200 - 129215] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129200. There is hereby established a Health Facility Construction Loan Insurance Fund, that shall be used by the department as a revolving fund for carrying out the provisions and administrative costs of this chapter. Notwithstanding Section 13340 of the Government Code, the money in the fund is hereby continuously appropriated to the department without regard to fiscal years for the purposes of this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 267. (AB 133) Effective July 27, 2021.)
  101. 129205.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Facility Construction Loan Insurance Fund [129200 - 129215] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Money in the fund that is not needed for current operations must be invested. The department may buy debentures issued under this chapter if the State Treasurer approves, and any purchased debentures must be canceled and not reissued.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Facility Construction Loan Insurance Fund [129200 - 129215] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129205. Moneys in the fund not needed for the current operations of the department under this chapter shall be invested pursuant to law. The department may, with the approval of the State Treasurer, purchase the debentures issued under this chapter. Debentures so purchased shall be canceled and not reissued. (Amended by Stats. 2021, Ch. 143, Sec. 268. (AB 133) Effective July 27, 2021.)
  102. 129210.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Facility Construction Loan Insurance Fund [129200 - 129215] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may insure certain health facility loans, but its authorization is capped at $3 billion unless one of two exceptions applies.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Facility Construction Loan Insurance Fund [129200 - 129215] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129210. (a) The department’s authorization to insure health facility construction, improvement, and expansion loans under this chapter shall be limited to a total of not more than three billion dollars ($3,000,000,000). (b) Notwithstanding the limitation in subdivision (a), the department may exceed the specific dollar limitation in either of the following instances: (1) Refinancing a preexisting loan, if the refinancing results in savings to the health facility and increases the probability that a loan can be repaid. (2) The need for financing results from earthquakes or other natural disasters. (Amended by Stats. 2021, Ch. 143, Sec. 269. (AB 133) Effective July 27, 2021.)
  103. 129215.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Facility Construction Loan Insurance Fund [129200 - 129215] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The fund is a trust fund, and its money and earnings may be used only for purposes authorized by this chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Facility Construction Loan Insurance Fund [129200 - 129215] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129215. The Health Facility Construction Loan Insurance Fund, established pursuant to Section 129200, shall be a trust fund and neither the fund nor the interest or other earnings generated by the fund shall be used for any purpose other than those purposes authorized by this chapter. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  104. 129220.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5.5. Advisory Loan Insurance Committee [129220 - 129221] ( Article 5.5 added by Stats. 1999, Ch. 848, Sec. 24. )

    Verify source ↗

    The department must create an Advisory Loan Insurance Committee, with specified appointment and reimbursement rules for its members.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5.5. Advisory Loan Insurance Committee [129220 - 129221] ( Article 5.5 added by Stats. 1999, Ch. 848, Sec. 24. ) ## 129220. The department shall establish an Advisory Loan Insurance Committee which shall be comprised of nine members, eight of whom shall be appointed by the director of the department. Of the nine members, seven shall be appointed from outside state government and two shall be appointed from inside state government. The Director of Finance shall appoint one of the members chosen from inside state government. The members of the committee shall be qualified in the field of financial analysis, management, operations, or construction, improvement, or expansion of health facilities. Those members appointed from outside state government shall be reimbursed one hundred dollars ($100) for each day spent in the performance of official duties. All members shall be reimbursed for reasonable and necessary expenses. (Amended by Stats. 2021, Ch. 143, Sec. 270. (AB 133) Effective July 27, 2021.)
  105. 129221.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5.5. Advisory Loan Insurance Committee [129220 - 129221] ( Article 5.5 added by Stats. 1999, Ch. 848, Sec. 24. )

    Verify source ↗

    The committee must help the director with policy work and review certain loan applications, then recommend approval and any conditions.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5.5. Advisory Loan Insurance Committee [129220 - 129221] ( Article 5.5 added by Stats. 1999, Ch. 848, Sec. 24. ) ## 129221. The duties of the committee shall include, but not be limited to, the following: (a) The committee shall assist the director of the department in formulating policy concerning financial analysis, management, operation, or construction, improvement, or expansion of health facilities, and shall, at the request of the director of the department, provide overall policy advice, guidance, and recommendations. The committee shall also provide the department with advice and comment on the state plan prepared pursuant to Section 129020. (b) The committee shall also review and analyze the feasibility, level of financial risk, and community benefit assessments made by the department on applications submitted for approval. The committee shall recommend to the director whether an application should be approved and whether any conditions should be attached to that approval. Loans that are currently insured by the department and subsequently are refinanced to obtain a lower interest rate or emergency working capital loans insured pursuant to Section 129091 shall not require the review of the committee. (Amended by Stats. 2021, Ch. 143, Sec. 271. (AB 133) Effective July 27, 2021.)
  106. 129225.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This article is named the Community Mental Health Facilities Loan Insurance Law and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129225. This article shall be known as, and may be cited as, the Community Mental Health Facilities Loan Insurance Law. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  107. 129230.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section sets special loan-insurance rules for approved local mental health program facilities.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129230. It is the intent of the Legislature in enacting this article to encourage the development of facilities for community-based programs that assist mental health clients living in any institutional setting, including state and local inpatient hospitals, skilled nursing homes, intermediate care facilities, and community care facilities to move to more independent living arrangements. It is further the intent of the Legislature to encourage local programs to seek funding for facility development from private sources and with the assistance provided pursuant to this chapter. To achieve this purpose in determining eligibility for loan insurance pursuant to this chapter, the following special provisions apply to facilities approved in the local mental health program and meeting the intentions of this article: (a) Facilities shall not require approval pursuant to Section 129295 by the statewide system of health facility planning, the area health planning agency, or the Health Advisory Council, for the issuance of loan insurance, unless specifically required for the facilities by the facility category of licensure. (b) Notwithstanding subdivision (i) of Section 129050, any loan of under three hundred thousand dollars ($300,000) for a nonprofit corporation as well as a political subdivision may be fully insured equal to the total construction cost, except a loan to any proprietary corporation that is insured pursuant to subdivision (d) of this section. (c) The local mental health program may provide all application fees, inspection fees, premiums and other administrative payments required by this chapter, except with respect to any loan to a proprietary corporation that is insured pursuant to subdivision (d) of this section. (d) The borrower may be a proprietary corporation, provided that the facility is leased to the local mental health program for the duration of the insurance agreement. In these instances, all provisions in this chapter and this article that apply to a nonprofit corporation shall apply to the proprietary corporation, except as provided in subdivisions (b) and (c) of this section. (e) For the purposes of this article, subdivision (c) of Section 129010 shall include the purchase of existing buildings. (f) Facilities shall not require approval pursuant to Section 129020 by the statewide system of health facility planning, the area health planning agency, or the Health Advisory Council, for the issuance of loan insurance, until the director of the department determines that the state plan developed pursuant to Section 129020 adequately and comprehensively addresses the need for community mental health facilities and that finding is reported to the appropriate policy committees of the Legislature. (Amended by Stats. 2021, Ch. 143, Sec. 272. (AB 133) Effective July 27, 2021.)
  108. 129235.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Loans under $300,000 for a single facility get priority for loan insurance under the special provisions in Section 129230.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129235. Loans of under three hundred thousand dollars ($300,000) for any single facility shall have priority for obtaining loan insurance under the special provisions established pursuant to Section 129230. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  109. 129240.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Loans insured under this article cannot total more than $15,000,000.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129240. The total amount of loans that may be insured pursuant to this article shall not exceed fifteen million dollars ($15,000,000). (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  110. 129245.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Loan insurance may not be provided for the purpose of providing psychiatric inpatient services in an acute psychiatric hospital or a general acute care hospital.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129245. No loan insurance shall be provided pursuant to this article for the purpose of providing psychiatric inpatient services in an acute psychiatric hospital or a general acute care hospital. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  111. 129250.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The Legislative Analyst must review and comment on this article’s utilization and effectiveness.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129250. The Legislative Analyst shall review and comment on the utilization and effectiveness of this article in the annual budget analysis and in hearings. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  112. 129255.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If a conflict arises when Article 6 is applied with other parts of the chapter, Article 6 prevails.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129255. If, in construing Article 6 (commencing with Section 129225) of this chapter as applied to the other provisions of this chapter, any conflict arises, this article shall prevail over the other provisions of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  113. 129260.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If part of this article is invalid, the rest still applies if it can operate without the invalid part.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Community Mental Health Facilities Loan Insurance [129225 - 129260] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129260. If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  114. 129275.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This article may be cited as the Small Facility Loan Guarantee for Programs Serving People with Developmental Disabilities.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129275. This article shall be known, and may be cited, as the Small Facility Loan Guarantee for Programs Serving People with Developmental Disabilities. (Amended by Stats. 2010, Ch. 730, Sec. 2. (AB 1629) Effective October 19, 2010.)
  115. 129280.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines key terms and requires three regional centers to help ensure full payment of certain leases for facilities developed under the specified program.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129280. The State of California has a compelling interest in the development of facilities for community-based programs that assist persons with a developmental disability living in an institutional setting to transition to more independent living arrangements. In order to meet this significant community need, it is further the intent of the Legislature to encourage programs to seek funding for facility development from private sources and with the assistance provided pursuant to this chapter. To achieve this purpose in determining eligibility for loan insurance pursuant to this chapter, the following special provisions apply to facilities developed pursuant to Section 4688.5 of the Welfare and Institutions Code and meeting the intentions of this article: (a) For purposes of this article, the following definitions shall apply: (1) “Borrower” shall mean a political subdivision or nonprofit corporation approved by the regional center as an ownership entity that owns the project property. (2) “Long-term residency lease agreement” shall mean a lease by the borrower, as lessor, of facilities developed pursuant to Section 4688.5 of the Welfare and Institutions Code to a service provider selected by a regional center, as lessee, having a term of at least as long as the term of the insured loan. (3) “Nonprofit corporation” shall mean a corporation formed under or subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) or a limited liability company (LLC) whose sole member is a corporation formed under or subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) that meets applicable sections of the federal Internal Revenue Code governing nonprofit status. (4) “Regional center” shall mean a private nonprofit corporation that contracts with the state and is organized pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. (5) “Service provider” shall mean an entity with the appropriate license, if required, that contracts with a regional center to provide services to persons eligible for regional center services. (b) Notwithstanding subdivisions (i), (l), and (m) of Section 129050, any loan made pursuant to this article for a nonprofit corporation or a political subdivision may be fully insured equal to the total cost of construction, improvement, and expansion, which may exceed the current value of the health facility, including improvements, when supported by other security for, or guaranty of, the debt. (c) The Golden Gate Regional Center, Regional Center of the East Bay, and San Andreas Regional Center shall provide for, secure, and ensure the full payment of a lease or leases developed pursuant to Section 4688.5 of the Welfare and Institutions Code. (Amended by Stats. 2010, Ch. 730, Sec. 3. (AB 1629) Effective October 19, 2010.)
  116. 129285.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Loans under $300,000 for a single facility serving six or fewer developmentally disabled people get priority for loan insurance, and total insured loans under this article cannot exceed $100 million.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129285. (a) Loans of under three hundred thousand dollars ($300,000) for any single facility for six or fewer developmentally disabled shall have priority for obtaining loan insurance. (b) The total amount of loans that may be insured pursuant to this article shall not exceed one hundred million dollars ($100,000,000). (Amended by Stats. 2010, Ch. 730, Sec. 4. (AB 1629) Effective October 19, 2010.)
  117. 129290.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If part of this article is invalid, the rest of the article still remains effective.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129290. If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  118. 129295.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may insure certain loans to nonprofit borrowers if the borrower has a long-term residency lease with a service provider selected by the applicable regional center. The section also caps insured facilities at 100 and the total insured loan amount at $100 million.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Small Facility Loan Guarantee for Developmental Disability Programs [129275 - 129295] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129295. The department may insure, pursuant to this article, loans to nonprofit borrowers that are not licensed to operate the facilities for which the loans are insured, provided that the borrower has entered into a long-term residency lease agreement with a service provider selected by the applicable regional center to operate that facility. The number of facilities for which loans are insured under this section shall not exceed 100 and the aggregate amount of loans insured under this section shall not exceed one hundred million dollars ($100,000,000). (Amended by Stats. 2021, Ch. 143, Sec. 273. (AB 133) Effective July 27, 2021.)
  119. 1293.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A county district attorney must prosecute violations of this chapter in the county when the state department or its authorized representative applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. ) ## 1293. The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution of any action for violation within his county of any provisions of this chapter. (Added by Stats. 1973, Ch. 1202.)
  120. 1293.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    It is a misdemeanor to willfully interfere with, impede, or prevent a state department representative from doing enforcement work, examining relevant books or records, or preserving evidence under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 4. Offenses [1290 - 1293.2] ( Article 4 added by Stats. 1973, Ch. 1202. ) ## 1293.2. It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the state department in the lawful enforcement of this chapter. (b) Willfully prevent or attempt to prevent the representative from examining any relevant books or records in the conduct of his or her official duties under this chapter. (c) Willfully prevent or interfere with the representative in the preserving of evidence of any violation of this chapter or of the rules and regulations adopted under this chapter. (d) For purposes of this section, “willfully” means the person doing an act or omitting to do an act, intends the act or omission and knows the relevant circumstances connected therewith. (Added by Stats. 1985, Ch. 700, Sec. 6.)
  121. 129325.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Rural Hospital Grant Program [129325 - 129335] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The Legislature states that this article is meant to help rural hospitals and support access to services through an alternative rural hospital model.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Rural Hospital Grant Program [129325 - 129335] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129325. It is the intent of the Legislature in enacting this article to assist rural hospitals that play a vital role in the health delivery system. The Legislature recognizes the difficulties rural hospitals encounter meeting urban hospital standards while serving a small, rural, or tourist patient base. However, it is not the intent of the Legislature to provide assistance to facilities that can only survive with continuous subsidies. Rather, it is the intent of the Legislature, through this program, to encourage the development and transition to an alternative rural hospital model, and to provide essential access to services not available at the alternative rural hospital level. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  122. 129330.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Rural Hospital Grant Program [129325 - 129335] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Every even-numbered year, the department must hire an actuarial study for the Health Facility Construction Loan Insurance Fund. The study must assess reserve sufficiency, including foreseeable risks and possible extraordinary administrative expenses and defaults.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Rural Hospital Grant Program [129325 - 129335] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129330. In each even-numbered year, the department shall contract for an actuarial study to determine the reserve sufficiency of funds in the Health Facility Construction Loan Insurance Fund. The study shall examine the portfolio of existing insured loans and shall estimate the amount of reserve funds that the department should reasonably have available to be able to respond adequately to potential foreseeable risks, including extraordinary administrative expenses and actual defaults. Actuarial study contracts shall be exempt from Section 10373 of the Public Contract Code and shall be considered sole-source contracts. (Amended by Stats. 2021, Ch. 143, Sec. 274. (AB 133) Effective July 27, 2021.)
  123. 129335.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Rural Hospital Grant Program [129325 - 129335] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may give excess reserve funds to rural hospitals in odd-numbered years when the fund’s reserve is projected to exceed what is actuarially needed, if the Budget Act authorizes it.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Rural Hospital Grant Program [129325 - 129335] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129335. (a) In each odd-numbered year when the reserve balance in the fund is projected to be in excess of that actuarially needed, the department may, subject to authority in the Budget Act, grant excess reserve funds to rural hospitals. (b) Whenever the department administers the grant program, it shall do so by a competitive process where potential grantees have sufficient time to apply. Priority for funds shall be given to alternative rural hospitals and rural hospitals that are sole community providers. Priority shall also be given to applicants that are otherwise financially viable, but request one-time financial assistance for equipment expenditures or other capital outlays. The maximum amount of any grant for a single project in any one grant year shall be two hundred fifty thousand dollars ($250,000). (c) For the purposes of this article, “rural hospital” shall have the same meaning as contained in subdivision (a) of Section 124840. (Amended by Stats. 2021, Ch. 143, Sec. 275. (AB 133) Effective July 27, 2021.)
  124. 129350.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 10. Community Health Center Facilities Loan Insurance [129350 - 129355] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This article may be cited as the Community Health Center Facilities Loan Insurance Law.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 10. Community Health Center Facilities Loan Insurance [129350 - 129355] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129350. This article shall be known and may be cited as the Community Health Center Facilities Loan Insurance Law. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  125. 129355.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 10. Community Health Center Facilities Loan Insurance [129350 - 129355] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Some community health center facility loans of $5,000,000 or less may be insured up to 95% of construction cost, and the department may value donated property using either original purchase price or current appraised value.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Construction Loan Insurance [129000 - 129355] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 10. Community Health Center Facilities Loan Insurance [129350 - 129355] ( Article 10 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129355. (a) “Community health center facilities,” as used in this article, means those licensed, nonprofit primary care clinics as defined in paragraph (1) of subdivision (a) of Section 1204. (b) Notwithstanding subdivision (i) of Section 129050, any loan in the amount of five million dollars ($5,000,000) or less for a community health center facility pursuant to this chapter may be insured up to 95 percent of the total construction cost. (c) Community health center facilities applying for any loan insurance pursuant to this chapter, may use existing equity in buildings, equipment, and donated assets, including, but not limited to, land and receipts from expenses related to the capital outlay for the project, notwithstanding the date of occurrence to meet the equity requirements of this chapter. In determining the value of the equity in any donated property, the department may use the original purchase price or the current appraised value. (d) Any state plan referred to in Section 129020 developed by the department shall include a chapter identifying any impediments that preclude small facilities from utilizing the California Health Facility Construction Loan Insurance Program. The state plan shall also include specific programmatic remedies to enable small projects to utilize the program if impediments are found. (Amended by Stats. 2021, Ch. 143, Sec. 276. (AB 133) Effective July 27, 2021.)
  126. 129380.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. )

    Verify source ↗

    This section names the Distressed Hospital Loan Program and says its purpose is to provide interest-free cashflow loans to certain distressed hospitals and related governmental entities.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. ) ## 129380. (a) This program shall be known, and may be cited, as the Distressed Hospital Loan Program. (b) The purpose of this program is to provide interest-free cashflow loans to not-for-profit hospitals and public hospitals in significant financial distress or to governmental entities representing a closed hospital, except as otherwise provided, to prevent the closure of, or facilitate the reopening of, those hospitals. (Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
  127. 129381.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the chapter, including “Authority,” “Closed hospital,” “Department,” “Not-for-profit hospital,” “Program,” and “Public hospital.”

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. ) ## 129381. For the purposes of this chapter, the following definitions apply: (a) “Authority” means the California Health Facilities Financing Authority. (b) “Closed hospital” means a hospital that closed after January 1, 2022. (c) “Department” means the Department of Health Care Access and Information. (d) “Not-for-profit hospital” means the same as a general acute care hospital described in paragraph (1) of subdivision (d) of Section 15432 of the Government Code that is organized as a not-for-profit entity. (e) “Program” means the Distressed Hospital Loan Program. (f) “Public hospital” means a hospital that is licensed to a county, a city, a city and county, the University of California, a local health care district, a local health authority, or a municipal hospital established pursuant to Article 7 (commencing with Section 37600) of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code. (Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
  128. 129382.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. )

    Verify source ↗

    The department must administer the program and enter into an interagency agreement with the authority to implement this chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. ) ## 129382. (a) The department shall administer the program, subject to subdivision (d) of Section 129385, for purposes of this chapter. (b) The department shall enter into an interagency agreement with the authority to implement this chapter. (Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
  129. 129383.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. )

    Verify source ↗

    The department must create and publish a methodology for evaluating at-risk hospitals and deciding loan eligibility, and hospitals seeking aid must provide financial information and a plan.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. ) ## 129383. (a) In collaboration with the State Department of Health Care Services, the Department of Managed Health Care, and the State Department of Public Health, the department shall develop a methodology to evaluate an at-risk hospital’s potential eligibility for state assistance from the program. (1) (A) The methodology shall consider factors, including, but not limited to, whether the hospital is in financial distress, as solely determined by the department, whether the hospital is small, rural, a critical access hospital, a trauma center, an urban hospital providing access for an underserved area, a hospital that serves a disproportionate share of Medicaid patients, or serving a rural catchment area, whether closure of the hospital would significantly impact access to services in the region, and whether the hospital is publicly owned. (B) The methodology for determining financial distress may consider such factors as the hospital’s prior and projected performance on financial metrics, including the amount of cash on hand, and whether the hospital has, or is projected to experience, negative operating margins. (2) The methodology shall also be used for identification and monitoring of hospitals at risk of financial distress. (b) A hospital or a closed hospital applying for aid under this program shall provide the authority and the department with financial information, in a format determined by the authority and the department, demonstrating the hospital’s need for financial assistance due to financial hardship. (c) (1) Before receiving state assistance under this program, an eligible hospital shall submit a plan to the authority, which it shall share with the department, with projections detailing the uses of the proposed loan and strategies proposed by the hospital’s governing body to regain financial viability and continue to operate. (2) Before issuing a loan under this chapter, the department shall review the plan submitted by an eligible hospital and make a determination that the plan is viable and there is a reasonable likelihood that the hospital will be able to regain financial viability and continue to operate as a hospital. The department shall not issue a loan award if the department is unable to make this determination. (d) The department shall issue the loan award to a qualifying hospital as soon as reasonably practicable following its eligibility determination. (e) Not-for-profit hospitals and public hospitals that belong to integrated health care systems with more than two separately licensed hospital facilities shall be ineligible for state assistance under the program. (f) The department shall, in consultation with the authority, determine the application process, underwriting review, and methodology for approval and distribution of the loans under the program. (g) The department shall have the authority to determine service provision requirements in approving, and for the duration of, loans to eligible hospitals. In making its determination, the department shall consider the impact of any changes to the hospital’s service delivery on access to necessary medical care, particularly for beneficiaries of the Medi-Cal program. (h) The department shall make the methodology publicly accessible on its internet website. (Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
  130. 129384.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. )

    Verify source ↗

    Hospitals must start monthly loan repayments after 18 months and repay within 72 months, unless subdivision (c) applies. The department may set up loan forgiveness or modification procedures, and the Department of Finance has approval authority for certain longer extensions.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. ) ## 129384. (a) Notwithstanding Sections 15432 and 15451.5 of the Government Code, unless subdivision (c) applies, a hospital shall be required to begin making monthly repayments of the loan after the first 18 months and shall discharge the loan within 72 months of the date of the loan. (b) Notwithstanding any other law and to the extent permissible under federal rules, security for the cashflow loans in this chapter shall be Medi-Cal reimbursements due to the hospital from the State Department of Health Care Services. The department’s or authority’s recoupment of these cashflow loans shall not exceed 20 percent of the hospital’s respective Medi-Cal checkwrite payments until the loan amount has been satisfied. In the event that a 20-percent withhold will not result in full repayment of the loan within a 72-month period, the department may extend the repayment term of the loan. (c) (1) The department, in consultation with the authority, and upon approval of the Department of Finance, shall develop an application and approval process for loan forgiveness or modification of the terms of the loan, including a delay of the beginning of the loan repayment period or an extension of the 72-month loan repayment term, or both. The process shall include, but is not limited to, eligibility criteria for an applicant for loan forgiveness or modification, including which portion of a loan may be forgiven or modified. (2) The department shall provide loan forgiveness or modification of loan terms to an applicant based upon criteria determined by the department and subject to the approval of the department and the authority. The Department of Finance shall be authorized to approve any loan forgiveness and any modification of loan terms that would result in the extension of the payback period by more than one year. (3) The department shall also establish the terms and conditions associated with accepting loan forgiveness or modification of loan terms, subject to approval of the Department of Finance. (4) Before any action on a request for forgiveness or modification of any loan that would result in the extension of the payback period by more than one year, and again not later than 60 days after final approval or denial of the forgiveness or modification, the department shall submit to the Joint Legislative Budget Committee and relevant policy and fiscal committees of the Legislature notice of the request and the subsequent action, including a summary of the request and reason for the denial, approval, or modification. (Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
  131. 129385.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. )

    Verify source ↗

    This section creates the Distressed Hospital Loan Program Fund, lets the authority make secured loans for hospital closure prevention or reopening, and allows limited administrative spending and specified state fund transfers.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. ) ## 129385. (a) The Distressed Hospital Loan Program Fund is hereby established in the State Treasury. The fund shall be administered by the department consistent with this chapter. (b) Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated, without regard to fiscal years, for the department and the authority to implement this chapter. (c) The authority shall make secured loans from the Distressed Hospital Loan Program Fund to a hospital or to a governmental entity representing a closed hospital, for purposes of preventing the closure, or facilitating the reopening, of the hospital. (d) The department may allocate an amount not to exceed 5 percent of total program funds to administer the program, including, but not limited to, administrative costs to the authority. Any funds transferred shall be available for encumbrance or expenditure until December 31, 2031. (e) (1) The Department of Finance may transfer up to one hundred fifty million dollars ($150,000,000) from the General Fund to the Distressed Hospital Loan Program Fund between state fiscal years 2022–23 and 2023–24 to implement this chapter. (2) The Department of Finance may transfer, subject to Section 14105.200 of the Welfare and Institutions Code, up to one hundred fifty million dollars ($150,000,000) from the Medi-Cal Provider Payment Reserve Fund to the Distressed Hospital Loan Program Fund in state fiscal year 2023–24 to implement this chapter. (f) All moneys accruing to the authority and the department under this chapter from any source shall be deposited into the fund. (g) The Treasurer may invest moneys in the fund that are not required for its current needs in eligible securities specified in Section 16430 of the Government Code and may transfer moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. (h) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. (i) Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund. (j) Effective December 31, 2031, the Distressed Hospital Loan Program Fund in the State Treasury, created pursuant to this chapter, is hereby abolished. After accounting for all final program transactions, any remaining Distressed Hospital Loan Program Fund reserves shall be returned to the source of origin, in the amounts of up to one hundred fifty million dollars ($150,000,000) to the General Fund, and up to one hundred fifty million dollars ($150,000,000) to the Medi-Cal Provider Payment Reserve Fund. Any other remaining balance, assets, liabilities, and encumbrances of the Distressed Hospital Loan Program Fund shall revert to the General Fund. The department shall deposit all subsequent loan repayments or Medi-Cal reimbursements withheld for due cause pursuant to subdivision (b) of Section 129384 to the Treasurer, to the credit of the General Fund. (k) The department and the authority may require any hospital receiving a loan under this chapter to provide the department and the authority with an independent financial audit of the hospital’s operations for any fiscal year in which a loan is outstanding. (Amended by Stats. 2024, Ch. 40, Sec. 21. (SB 159) Effective June 29, 2024. Repealed as of January 1, 2032, pursuant to Section 129387.)
  132. 129386.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. )

    Verify source ↗

    The authority and the department may use information notices or similar instructions to implement, interpret, or make specific this chapter, and may enter into or amend contracts for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. ) ## 129386. (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the authority and the department may implement, interpret, or make specific this chapter, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. (b) For purposes of implementing this chapter, the authority and the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services. (Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
  133. 129387.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. )

    Verify source ↗

    This chapter stays in force only until January 1, 2032, when it is repealed.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 6. FACILITIES LOAN INSURANCE AND FINANCING [129000 - 129387] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Distressed Hospital Loan Program [129380 - 129387] ( Chapter 4 added by Stats. 2023, Ch. 6, Sec. 3. ) ## 129387. This chapter shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, by its own provisions. Note: Repeal affects Chapter 4, commencing with Section 129380.)
  134. 1294.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The state department may suspend or revoke a license or special permit for listed grounds, including violations and certain convictions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. ) ## 1294. The state department may suspend or revoke any license or special permit issued under the provisions of this chapter upon any of the following grounds and in the manner provided in this chapter: (a) Violation by the licensee or holder of a special permit of any of the provisions of this chapter or of the rules and regulations promulgated under this chapter. (b) Violation by a facility certified as a skilled nursing facility under Title XVIII of the Social Security Act or as a nursing facility under Title XIX of the Social Security Act, or as both, of any federal statutes or regulations applicable to its operation. (c) Aiding, abetting, or permitting the violation of any provision of this chapter or of the rules and regulations promulgated under this chapter. (d) Conduct inimical to the public health, morals, welfare, or safety of the people of the State of California in the maintenance and operation of the premises or services for which a license or special permit is issued. (e) The conviction of a licensee, or other person mentioned in subdivision (b) of Section 1265.1, at any time during licensure, of a crime as defined in Section 1265.2. (Amended by Stats. 2000, Ch. 451, Sec. 7.5. Effective January 1, 2001.)
  135. 1294.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The department may suspend or revoke a license or special permit if the licensee or permit holder willfully fails to follow the specified regulations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. ) ## 1294.5. The department may suspend or revoke any license or special permit issued under the provisions of this chapter if the licensee or holder of a special permit willfully fails to comply with the provisions of the regulations contained in Article 6 (commencing with Section 14190), Chapter 7, Part 3, Division 9, of the Welfare and Institutions Code and regulations promulgated thereunder. (Added by Stats. 1975, Ch. 220.)
  136. 1295.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Proceedings for suspending, revoking, or denying licenses or special permits under this chapter must follow Section 100171, and Section 100171 controls if there is a conflict.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. ) ## 1295. Proceedings for the suspension, revocation, or denial of licenses or special permits under this chapter shall be conducted in accordance with Section 100171. In the event of conflict between this chapter and Section 100171, Section 100171 shall prevail. (Amended by Stats. 1997, Ch. 220, Sec. 12. Effective August 4, 1997.)
  137. 1296.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The director may temporarily suspend a license or special permit before a hearing if needed to protect the public welfare, and must then notify the licensee or permit holder, serve an accusation, and set a hearing within the stated time limits.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. ) ## 1296. The director may temporarily suspend any license or special permit prior to any hearing, when in his or her opinion the action is necessary to protect the public welfare. The director shall notify the licensee or holder of a special permit of the temporary suspension and the effective date thereof and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense by the licensee or holder of a special permit, the director shall within 15 days set the matter for hearing, which shall be held as soon as possible but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed. If the provisions of this chapter or the rules or regulations promulgated by the director are violated by a licensee or holder of a special permit which is a group, corporation, or other association, the director may suspend the license or special permit of such organization or may suspend the license or special permit as to any individual person within the organization who is responsible for the violation. (Amended by Stats. 1987, Ch. 1425, Sec. 1.)
  138. 129675.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129675 - 129680] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This chapter is known and may be cited as the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129675 - 129680] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129675. This chapter shall be known and may be cited as the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  139. 129680.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129675 - 129680] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must propose earthquake-resistant building standards and provide independent design-and-construction review for hospital buildings; local jurisdictions must keep the department informed about more restrictive local requirements.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. General Provisions [129675 - 129680] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129680. (a) It is the intent of the Legislature that hospital buildings that house patients who have less than the capacity of normally healthy persons to protect themselves, and that must be reasonably capable of providing services to the public after a disaster, shall be designed and constructed to resist, insofar as practical, the forces generated by earthquakes, gravity, and winds. In order to accomplish this purpose, the department shall propose proper building standards for earthquake resistance based upon current knowledge, and provide an independent review of the design and construction of hospital buildings. (b) Local jurisdictions are preempted from the enforcement of all building standards published in the California Building Standards Code relating to the regulation of hospital buildings and the enforcement of other regulations adopted pursuant to this chapter, and all other applicable state laws, including plan checking and inspection of the design and details of the architectural, structural, mechanical, plumbing, electrical, and fire and panic safety systems, and the observation of construction. The department shall assume these responsibilities. (c) Where local jurisdictions have more restrictive requirements for the enforcement of building standards, other building regulations, and construction supervision, these requirements shall be enforced by the department. (d) Each local jurisdiction shall keep the department advised as to the existence of any more restrictive local requirements. Where a reasonable doubt exists as to whether the requirements of the local jurisdiction are more restrictive, the effect of these requirements shall be determined by the Hospital Building Safety Board. It is further the intent of the Legislature that the department, with the advice of the Hospital Building Safety Board, may conduct or enter into contracts for research regarding the reduction or elimination of seismic or other safety hazards in hospital buildings or research regarding hospital building standards. (Amended by Stats. 2021, Ch. 143, Sec. 278. (AB 133) Effective July 27, 2021.)
  140. 1297.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Withdrawing a license or special permit application, or losing/surrendering a license or special permit, does not stop the state department from continuing or starting denial or disciplinary action, unless it consents in writing to the withdrawal.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. ) ## 1297. The withdrawal of an application for a license or a special permit after it has been filed with the state department shall not, unless the state department consents in writing to such withdrawal, deprive the state department of its authority to institute or continue a proceeding against the applicant for the denial of the license or a special permit upon any ground provided by law or to enter an order denying the license or special permit upon any such ground. The suspension, expiration, or forfeiture by operation of law of a license or a special permit issued by the state department, or its suspension, forfeiture, or cancellation by order of the state department or by order of a court of law, or its surrender without the written consent of the state department, shall not deprive the state department of its authority to institute or continue a disciplinary proceeding against the licensee or holder of a special permit upon any ground provided by law or to enter an order suspending or revoking the license or special permit or otherwise taking disciplinary action against the licensee or holder of a special permit on any such ground. (Added by Stats. 1973, Ch. 1202.)
  141. 129700.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The definitions in this article apply to the construction of this chapter unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129700. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  142. 129705.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines “architect” as a person who is certified and holds a valid license under the specified Business and Professions Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129705. “Architect” means a person who is certified and holds a valid license under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  143. 129710.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines “construction or alteration” to include construction, reconstruction, alteration, or additions to a hospital building.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129710. “Construction or alteration” includes any construction, reconstruction, or alteration of, or addition to, any hospital building. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  144. 129715.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines “Director” as the Director of the Department of Health Care Access and Development.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129715. “Director” means the Director of the Department of Health Care Access and Development. (Amended by Stats. 2021, Ch. 143, Sec. 279. (AB 133) Effective July 27, 2021.)
  145. 129720.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    “Engineering geologist” means a person validly certified under the specified chapter of the Business and Professions Code.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129720. “Engineering geologist” means a person who is validly certified under Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions Code. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  146. 129725.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines “hospital building” and excludes several types of buildings; hospitals that qualify under one exclusion must keep patient-service data and submit it yearly to the State Department of Public Health.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129725. (a) (1) “Hospital building” includes any building not specified in subdivision (b) that is used, or designed to be used, for a health facility of a type required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. (2) Except as provided in paragraph (7) of subdivision (b), hospital building includes a correctional treatment center, as defined in subdivision (j) of Section 1250, the construction of which was completed on or after March 7, 1973. (b) “Hospital building” does not include any of the following: (1) Any building where outpatient clinical services of a health facility licensed pursuant to Section 1250 are provided that is separated from a building in which hospital services are provided. If any one or more outpatient clinical services in the building provides services to inpatients, the building shall not be included as a “hospital building” if those services provided to inpatients represent no more than 25 percent of the total outpatient services provided at the building. Hospitals shall maintain on an ongoing basis, data on the patients receiving services in these buildings, including the number of patients seen, categorized by their inpatient or outpatient status. Hospitals shall submit this data annually to the State Department of Public Health. (2) A building used, or designed to be used, for a skilled nursing facility or intermediate care facility if the building is of single-story, wood-frame, or light steel frame construction. (3) A building of single-story, wood-frame, or light steel frame construction where only skilled nursing or intermediate care services are provided if the building is separated from a building housing other patients of the health facility receiving higher levels of care. (4) A freestanding structure of a chemical dependency recovery hospital exempted under subdivision (c) of Section 1275.2. (5) A building licensed to be used as an intermediate care facility/developmentally disabled habilitative with six beds or less and an intermediate care facility/developmentally disabled habilitative of 7 to 15 beds that is a single-story, wood-frame, or light steel frame building. (6) A building subject to licensure as a correctional treatment center, as defined in subdivision (j) of Section 1250, the construction of which was completed before March 7, 1973. (7) (A) A building that meets the definition of a correctional treatment center, pursuant to subdivision (j) of Section 1250, for which the final design documents were completed or the construction of which was initiated before January 1, 1994, operated by or to be operated by the Department of Corrections and Rehabilitation, or by a law enforcement agency of a city, county, or a city and county. (B) In the case of reconstruction, alteration, or addition to, the facilities identified in this paragraph, and paragraph (6) or any other building subject to licensure as a general acute care hospital, acute psychiatric hospital, correctional treatment center, or nursing facility, as defined in subdivisions (a), (b), (j), and (k) of Section 1250, operated or to be operated by the Department of Corrections and Rehabilitation, or by a law enforcement agency of a city, county, or city and county, only the reconstruction, alteration, or addition, itself, and not the building as a whole, nor any other aspect thereof, shall be required to comply with this chapter or the regulations adopted pursuant thereto. (8) A freestanding building used, or designed to be used, as a congregate living health facility, as defined in subdivision (i) of Section 1250. (9) A freestanding building used, or designed to be used, as a hospice facility, as defined in subdivision (n) of Section 1250. (Amended by Stats. 2013, Ch. 76, Sec. 131. (AB 383) Effective January 1, 2014.)
  147. 129730.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines certain services as “outpatient clinical services” when they are provided in a freestanding building, and it blocks department approval of plans for subdivision (a) functions until the State Department of Health Services certifies an acceptable emergency-continuity plan.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129730. (a) Space for the following functions shall be considered “outpatient clinical services,” when provided in a freestanding building that is separated from a hospital building where inpatient hospital services are provided: administrative space; central sterile supply; storage; morgue and autopsy facilities; employee dressing rooms and lockers; janitorial and housekeeping facilities; and laundry. (b) The outpatient portions of the following services may also be delivered in a freestanding building and shall be considered “outpatient clinical services:” surgical; chronic dialysis; psychiatry; rehabilitation; occupational therapy; physical therapy; maternity; dentistry; and chemical dependency. (c) Services that duplicate basic services, as defined in subdivision (a) of Section 1250, or services that are provided as part of a basic service, but are not required for facility licensure may also be provided in a freestanding building. (d) The department shall not approve any plans that propose to locate any function listed in subdivision (a) in a freestanding building until the State Department of Health Services certifies to the department that it has received and approved a plan acceptable to the State Department of Health Services that demonstrates how the health facility will continue to provide all basic services in the event of any emergency when the freestanding building may no longer remain functional. (e) Services listed in subdivisions (b) and (c) are subject to the same 25-percent inpatient limitation described in Section 129725. (Amended by Stats. 2021, Ch. 143, Sec. 280. (AB 133) Effective July 27, 2021.)
  148. 129735.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines “light steel frame construction” as building construction that uses bearing walls made of light gauge steel studs for primary vertical support.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129735. “Light steel frame construction” means building construction using bearing walls composed of light gauge steel studs for its primary vertical support systems. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  149. 129740.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines “Department” as the Department of Health Care Access and Information.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129740. “Department” means the Department of Health Care Access and Information. (Amended by Stats. 2021, Ch. 143, Sec. 281. (AB 133) Effective July 27, 2021.)
  150. 129745.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    “Structural engineer” means a person validly certified to use that title under the cited Business and Professions Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Definitions [129700 - 129745] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129745. “Structural engineer” means a person who is validly certified to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  151. 129750.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must observe hospital building construction, additions, reconstruction, or alterations when it considers that necessary to comply with the chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129750. The department shall observe the construction of, or addition to, any hospital building or the reconstruction or alteration of any hospital building, as it deems necessary to comply with this chapter for the protection of life and property. (Amended by Stats. 2021, Ch. 143, Sec. 282. (AB 133) Effective July 27, 2021.)
  152. 129760.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Hospital governing boards must submit building plans to the department for approval before adopting them and must pay the fees set by this chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129760. The governing board of each hospital or other hospital governing authority, before adopting any plans for the hospital building, shall submit the plans to the department for approval and shall pay the fees prescribed in this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 283. (AB 133) Effective July 27, 2021.)
  153. 129761.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must, as far as possible, use information technology to help perform its duties and responsibilities under this chapter on time.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129761. The department shall use, to the extent possible, information technology to facilitate the timely performance of its duties and responsibilities under this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 284. (AB 133) Effective July 27, 2021.)
  154. 129765.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Plan approval applications must include the plans and required specifications/computations, unless subdivision (b) applies. The department may allow electronic processing or a phased plan-submittal agreement, and it must charge a review fee for phased-submittal plans.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129765. (a) Except as set forth in subdivision (b), the application for approval of the plans shall be accompanied by the plans, including full, complete, and accurate specifications, and structural design computations, which shall comply with the requirements prescribed by the department. The department may permit electronic submission, review, and approval of plans. (b) Notwithstanding subdivision (a), the department, in its sole discretion, may enter into a written agreement with the hospital governing authority for the phased submittal and approval of plans. The department shall charge a fee for the review and approval of plans submitted pursuant to this subdivision. This fee shall be based on the estimated cost, but shall not exceed the actual cost, of the entire phased review and approval process for those plans. This fee shall be deducted from the application fee pursuant to Section 129785. (Amended by Stats. 2021, Ch. 143, Sec. 285. (AB 133) Effective July 27, 2021.)
  155. 129770.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must review and approve or reject hospital building construction or alteration plans, and it must issue written citations when it finds correctable violations.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129770. (a) The department shall pass upon and approve or reject all plans for the construction or the alteration of any hospital building, independently reviewing the design to assure compliance with the requirements of this chapter. The department shall review the structural systems and related details, including the independent review of the geological data. Geological data shall be reviewed by an engineering geologist, and structural design data shall be reviewed by a structural engineer. (b) Whenever the department finds a violation of this chapter that requires correction, a citation of the violation shall be issued to the hospital governing board or authority in writing and shall include a proper reference to the regulation or statute being violated. (Amended by Stats. 2021, Ch. 143, Sec. 286. (AB 133) Effective July 27, 2021.)
  156. 129775.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Plans for certain structural work must include an earthquake-damage assessment, unless an exemption or waiver applies.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129775. (a) Except as otherwise provided in subdivision (b), plans submitted pursuant to this chapter for work that affects structural elements shall contain an assessment of the nature of the site and potential for earthquake damage, based upon geologic and engineering investigations and reports by competent personnel of the causes of earthquake damage. One-story Type V wood frame or light steel frame, or light steel and wood frame construction of 4,000 square feet or less, shall be exempt from the provisions of this section, unless the project is within a special study zone established pursuant to Section 2622 of the Public Resources Code. (b) The requirements of subdivision (a) may be waived by the department when the department determines that these requirements for the proposed hospital project are unnecessary and would not be beneficial to the safety of the public. The department, after consultation with the Building Safety Board, shall adopt regulations defining the criteria upon which the determination of a waiver shall be made. (Amended by Stats. 2021, Ch. 143, Sec. 287. (AB 133) Effective July 27, 2021.)
  157. 129780.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The engineering investigation must be correlated with the geologic evaluation required under Section 129775.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129780. The engineering investigation shall be correlated with the geologic evaluation made pursuant to Section 129775. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  158. 129785.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must set and collect application filing fees and annual permit fees for certain health facility construction projects, and must refund or adjust fees in specified cost-variance cases.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129785. (a) (1) The department shall determine an application filing fee that will cover the costs of administering this chapter. For a hospital facility, as defined in subdivision (a), (b), or (f) of Section 1250, the fee shall not exceed 2 percent of a project’s estimated construction cost. For a skilled nursing or intermediate care facility, as defined in subdivision (c), (d), (e), or (g) of Section 1250, the fee shall not exceed 1.5 percent of a project’s estimated construction cost. Application filing fees shall be established in accordance with applicable procedures established in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (2) Notwithstanding paragraph (1), the minimum application filing fee in any case shall be two hundred fifty dollars ($250). (b) The department shall issue an annual permit upon submission of an application, pursuant to Section 129765, for one or more projects of a hospital facility, as defined in subdivision (a), (b), or (f) of Section 1250, if the total estimated construction cost is fifty thousand dollars ($50,000) or less per fiscal year. The fee for the annual permit shall be five hundred dollars ($500) and shall be in lieu of an application filing fee. The annual permit shall cover all projects undertaken for a particular hospital facility up to a total estimated construction cost of fifty thousand dollars ($50,000) during the state fiscal year in which the annual permit is issued. If a hospital facility chooses not to apply for an annual permit to cover a project or projects costing fifty thousand dollars ($50,000) or less in total, the hospital facility may instead submit the project or projects for review and approval as otherwise specified in this chapter, including paying the application filing fee determined under subdivision (a). (c) The department shall issue an annual permit upon submission of an application, pursuant to Section 129765, for one or more projects of a skilled nursing or intermediate care facility, as defined in subdivision (c), (d), (e), or (g) of Section 1250, if the total estimated construction cost is twenty-five thousand dollars ($25,000) or less per fiscal year. The fee for the annual permit shall be two hundred fifty dollars ($250) and shall be in lieu of an application filing fee. The annual permit shall cover all projects undertaken for a particular skilled nursing or intermediate care facility up to a total estimated construction cost of twenty-five thousand dollars ($25,000) during the state fiscal year in which the annual permit is issued. If a skilled nursing or intermediate care facility chooses not to apply for an annual permit to cover a project or projects costing twenty-five thousand dollars ($25,000) or less in total, the skilled nursing or intermediate care facility may instead submit the project or projects for review and approval as otherwise specified in this chapter, including paying the application filing fee determined under subdivision (a). (d) If the actual construction cost exceeds the estimated construction cost by more than 5 percent, a further fee shall be paid to the department, based on the above schedule and computed on the amount that the actual cost exceeds the amount of the estimated cost. If the estimated construction cost exceeds the actual construction cost by more than 5 percent, the department shall refund the excess portion of any paid fees, based on the above schedule and computed on the amount that the estimated cost exceeds the amount of the actual cost. A refund is not required if the applicant did not complete construction or alteration of 75 percent of the square footage included in the project, as contained in the approved drawings and specifications for the project. In addition, the department shall adopt regulations specifying other circumstances when the department shall refund to an applicant all or part of any paid fees for projects submitted under this chapter. The regulations shall include, but not be limited to, refunds of paid fees for a project that is determined by the department to be exempt or otherwise not reviewable under this chapter, and for a project that is withdrawn by the applicant prior to the commencement of review by the department of the drawing and specifications submitted for the project. All refunds pursuant to this section shall be paid from the Hospital Building Account in the Architecture Public Building Fund, as established pursuant to Section 129795. (Amended by Stats. 2021, Ch. 143, Sec. 288. (AB 133) Effective July 27, 2021.)
  159. 129787.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may postpone a filing fee for certain disaster-related projects if specified conditions are met. If the postponed fee is still unpaid within one year after plan approval, the statewide department may seek offsets from amounts the state owes the applicant.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129787. (a) The payment of the filing fee described in Section 129785 may be postponed by the department if all of the following conditions are met: (1) The proposed construction or alteration has been proposed as a result of any event that has been declared to be a disaster by the Governor. (2) The department determines that the applicant cannot presently afford to pay the filing fee. (3) The applicant has applied for federal disaster relief from the Federal Emergency Management Agency (FEMA) with respect to the disaster described in paragraph (1). (4) The applicant is expected to receive disaster assistance within one year from the date of the application. (b) If the department does not receive full payment of any fee for which payment has been postponed pursuant to subdivision (a) within one year from the date of plan approval, the statewide department may request an offset from the Controller for the unpaid amount against any amount owed by the state to the applicant, and may request additional offsets against amounts owed by the state to the applicant until the fee is paid in full. This subdivision shall not be construed to establish an offset as described in the preceding sentence as the exclusive remedy for the collection of any unpaid fee amount as described in that same sentence. (Amended by Stats. 2021, Ch. 143, Sec. 289. (AB 133) Effective July 27, 2021.)
  160. 129790.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must propose specific design and construction standards for correctional treatment centers, working with other named corrections agencies.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129790. The department shall propose specific space, architectural, structural, mechanical, plumbing, and electrical standards for correctional treatment centers in cooperation with the Board of Corrections, the Department of Corrections, and the Department of the Youth Authority. (Amended by Stats. 2021, Ch. 143, Sec. 290. (AB 133) Effective July 27, 2021.)
  161. 129795.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Fees must be paid into the State Treasury and credited to the Hospital Building Fund. The department may adjust fee amounts within Section 129785 limits, with Department of Finance approval.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129795. All fees shall be paid into the State Treasury and credited to the Hospital Building Fund, that is hereby created and continuously appropriated without regard to fiscal years for the use of the department, subject to approval of the Department of Finance, in carrying out this chapter. Adjustments in the amounts of the fees, as determined by the department and approved by the Department of Finance, shall be made within the limits set in Section 129785 in order to maintain a reasonable working balance in the account. Notwithstanding any other provision of law, any moneys collected pursuant to this chapter contained in the hospital building fund established by the Department of Finance, that are in the fund on January 1, 1994, shall be available for expenditure in accordance with this section. (Amended by Stats. 2021, Ch. 143, Sec. 291. (AB 133) Effective July 27, 2021.)
  162. 1298.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Most entities may not keep operating an existing health facility unless they have applied for and obtained the required license or special permit.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. ) ## 1298. (a) (1) No person, firm, partnership, association, corporation, political subdivision of the state, or other governmental agency within the state shall continue to operate, conduct, or maintain an existing health facility without having applied for and obtained a license or a special permit as provided for in this chapter. (2) This subdivision shall not apply to a receiver appointed by the court to temporarily operate a long-term health care facility pursuant to Article 8 (commencing with Section 1325). (b) Any license or special permit revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code. (Amended by Stats. 2000, Ch. 451, Sec. 8. Effective January 1, 2001.)
  163. 129800.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The director must ask the Department of Finance or the Auditor General to audit how fees collected under Section 129785 are used.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129800. The director shall request the Department of Finance or the Auditor General to perform an audit of the uses of fees collected pursuant to Section 129785. This audit shall include, but not be limited to, an accounting of staff resources allocated to hospital plan reviews by the department and by the Office of the State Architect in the Department of General Services since these reviews are funded by fees collected pursuant to Section 129785. If the Department of Finance and the Auditor General indicate that other audit responsibilities will prohibit them from performing and completing the audit within six months of being initially requested to do so, then the department may contract with an independent organization to perform the audit. (Amended by Stats. 2021, Ch. 143, Sec. 292. (AB 133) Effective July 27, 2021.)
  164. 129805.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Plans and specifications for health facility work must generally be prepared under the responsible charge of an architect or structural engineer, and the department may exempt some projects.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129805. (a) All plans and specifications shall be prepared under the responsible charge of an architect or a structural engineer, or both. A structural engineer shall prepare the structural design and shall sign plans and specifications related thereto. Administration of the work of construction shall be under the responsible charge of the architect and structural engineer, except that where plans and specifications for alterations or repairs do not affect architectural or structural conditions, the plans and specifications may be prepared under the responsible charge of, and work of construction may be administered by, a professional engineer duly qualified to perform the services and holding a valid certificate under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code for performance of services in that branch of engineering in which the plans, specifications, and estimates and work of construction are applicable. (b) The department may exempt projects from the requirements of subdivision (a) where the plans and specifications are not ordinarily, in the standard practice of architecture and engineering, prepared by licensed architects or registered engineers, or both, and are not a component of a project prepared under the responsible charge of a licensed architect or registered engineer, or both. To implement this authority, the department shall adopt regulations, consistent with this section, that specify which projects may be exempted from the requirements of subdivision (a). (Amended by Stats. 2021, Ch. 143, Sec. 293. (AB 133) Effective July 27, 2021.)
  165. 129810.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Before starting construction or alteration of a hospital building, written approval of the necessary plans for safety of design and construction must be obtained from the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129810. Before commencing any construction or alteration of any hospital building, the written approval of the necessary plans as to safety of design and construction, by the department, shall be obtained. (Amended by Stats. 2021, Ch. 143, Sec. 294. (AB 133) Effective July 27, 2021.)
  166. 129812.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may use an over-the-counter plan review process.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129812. Notwithstanding any other provision of law, the department may utilize an over-the-counter plan review process. (Amended by Stats. 2021, Ch. 143, Sec. 295. (AB 133) Effective July 27, 2021.)
  167. 129815.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Permits or authorizations issued under this chapter must comply with Chapter 3 of the Government Code.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129815. Any permit or authorization issued or provided pursuant to this chapter shall be subject to Chapter 3 (commencing with Section 15374) of Part 6.7 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  168. 129820.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Hospital construction or alteration contracts are invalid unless specified building, approval, accessibility, and fire-safety requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129820. No contract for the construction or alteration of any hospital building, made or executed on or after January 1, 1983, by the governing board or authority of any hospital or other similar public board, body, or officer otherwise vested with authority to make or execute the contract, is valid, and no money shall be paid for any work done under the contract or for any labor or materials furnished in constructing or altering the hospital building, unless all of the following requirements are satisfied: (a) The plans and specifications comply with this chapter and the requirements contained in the California Building Standards Code. (b) The written approval thereof has first been obtained from the department. (c) The hospital building is to be accessible to, and usable by, persons with disabilities. (d) The plans and specifications comply with the fire and panic safety requirements of the California Building Standards Code. (Amended by Stats. 2021, Ch. 143, Sec. 296. (AB 133) Effective July 27, 2021.)
  169. 129825.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The hospital governing board or authority must ensure competent inspection during construction or alteration, and the department must inspect hospitals, approve inspectors, examine them, and adopt regulations for testing and approval.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129825. (a) The hospital governing board or authority shall provide for and require competent and adequate inspection during construction or alteration by an inspector satisfactory to the architect or structural engineer, or both, and the department. Except as otherwise provided in subdivision (b), the inspector shall act under the direction of the architect or structural engineer, or both, and be responsible to the board or authority. Nothing in this section shall be construed to prohibit any licensed architect, structural engineer, mechanical engineer, electrical engineer, or any facility maintenance personnel, if approved by the department, from performing the duties of an inspector. (b) If alterations or repairs are to be conducted under the supervision of a professional engineer pursuant to Section 129805, the inspector need only be satisfactory to the department and to the professional engineer, and the inspector shall act under the direction of the professional engineer. (c) The department shall make an inspection of the hospital buildings and of the work of construction or alteration as in its judgment is necessary or proper for the enforcement of this chapter and the protection of the safety of the public. Whenever the department finds a violation of this chapter that requires correction, the citation of the violation shall be issued to the hospital governing board or authority in writing and shall include a proper reference to the regulation or statute being violated. (d) The department shall approve inspectors that shall be limited to the following: (1) “A” inspectors, who may inspect all areas of construction specialty, including, but not limited to, structural. (2) “B” inspectors, who may inspect all areas of construction specialty, except structural. (3) “C” inspectors, who may inspect one or more areas of construction specialty, including structural, but may not inspect the scope of construction specialties authorized for “A” or “B” inspectors. (e) (1) As part of its approval process, the department shall initially and periodically examine inspectors by giving either a written examination or a written and oral examination. The department may charge a fee for the examination process calculated to cover its costs. Inspectors who have not passed a written examination shall not be approved by the department until they have successfully passed the written examination. No employee of the department performing field inspections or supervising the field inspections shall be approved as an inspector on any construction project pursuant to this chapter for a period of one year after leaving employment of the department. (2) The department shall develop regulations for the testing and approval of inspectors. (Amended by Stats. 2021, Ch. 143, Sec. 297. (AB 133) Effective July 27, 2021.)
  170. 129830.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain construction professionals and the contractor must regularly file verified reports to the department, and they must use reasonable diligence to obtain the facts used in those reports.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129830. From time to time, as the work of construction or alteration progresses and whenever the department requires, the architect or structural engineer, or both, in charge of construction or registered engineer in charge of other work, the inspector on the work, and the contractor shall each make a report, duly verified by them, upon a form prescribed by the department showing, of their personal knowledge, that the work during the period covered by the report has been performed and materials used and installed are in accordance with the approved plans and specifications, setting forth detailed statements of fact as required by the department. The term “personal knowledge,” as used in this section and as applied to the architect or registered engineer, or both, means the personal knowledge that is obtained by periodic visits to the project site of reasonable frequency, for the purpose of general observation of the work, and that is also obtained from the reporting of others as to the progress of the work, testing of materials, and inspection and superintendence of the work that is performed between the periodic visits of the architect or the registered engineer. Reasonable diligence shall be exercised in obtaining the facts. The term “personal knowledge,” as applied to the inspector, means the actual personal knowledge that is obtained from the inspector’s personal continuous inspection of the work of construction in all stages of its progress at the site where the inspector is responsible for inspection, and when work is carried out away from the site, that personal knowledge that is obtained from the reporting of others on the testing or inspection of materials and workmanship, for compliance with plans, specifications, or applicable standards. Reasonable diligence shall be exercised in obtaining the facts. The term “personal knowledge,” as applied to the contractor, means the personal knowledge that is obtained from the construction of the building. The exercise of reasonable diligence to obtain the facts is required. (Amended by Stats. 2021, Ch. 143, Sec. 298. (AB 133) Effective July 27, 2021.)
  171. 129835.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If a hospital’s governing board or authority makes a written request, the department must examine the condition of the hospital building and report on it, and the requester must pay the department’s actual expenses.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129835. Upon written request to the department by the governing board or authority of any hospital, the department shall make, or cause to be made, an examination and report on the condition of any hospital building subject to the payment by the governing board or authority of the actual expenses incurred by the department. (Amended by Stats. 2021, Ch. 143, Sec. 299. (AB 133) Effective July 27, 2021.)
  172. 129840.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    After any earthquake, the department may conduct or arrange studies of health facilities in the affected area.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129840. Subsequent to the occurrence of any earthquake, the department may make, or cause to be made, studies of health facilities within the area involved. (Amended by Stats. 2021, Ch. 143, Sec. 300. (AB 133) Effective July 27, 2021.)
  173. 129850.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must make regulations and submit building standards to the California Building Standards Commission, except as provided in Sections 18929 and 18930.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129850. Except as provided in Sections 18929 and 18930, the department shall from time to time make any regulations that it deems necessary, proper, or suitable to effectually carry out this chapter. The department shall also propose and submit building standards to the California Building Standards Commission for adoption and approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 relating to seismic safety for hospital buildings. (Amended by Stats. 2021, Ch. 143, Sec. 301. (AB 133) Effective July 27, 2021.)
  174. 129851.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must make its written rules and regulations clarifying this chapter’s application of the California Building Standards Code available to the public on request.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129851. Written rules and regulations by the department to clarify the application of the California Building Standards Code pursuant to this chapter shall be made available to the public upon request. (Amended by Stats. 2021, Ch. 143, Sec. 302. (AB 133) Effective July 27, 2021.)
  175. 129853.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    A requester must pay the actual cost of copying construction documents, and the department must give a cost estimate before copying begins.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129853. (a) The person or entity requesting a copy of construction documents maintained by the department shall bear the actual cost of producing the copy of those documents, including staff time spent retrieving, inspecting, and handling the documents, copying costs, and shipping costs. (b) The department shall provide an estimate of the costs described in subdivision (a) to the requester before the department begins to make those copies. (Amended by Stats. 2021, Ch. 143, Sec. 303. (AB 133) Effective July 27, 2021.)
  176. 129855.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may make agreements and contracts, including with private structural engineers or local governments, when needed for timely review and inspection work on hospital construction or alteration projects. It must also prepare implementing regulations with the Building Safety Board’s advice.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129855. The department may enter into any agreements and contracts with any qualified person, department, agency, corporation, or legal entity, as determined by the department, when necessary in order to facilitate the timely performance of the duties and responsibilities relating to the review and inspection of architectural, mechanical, electrical, and plumbing systems of hospital buildings to be constructed or altered or buildings under construction or alteration. If the department determines that the structural review of plans for a hospital building cannot be completed without undue delay, the department may enter into contractual agreements with private structural engineers or local governments for the purpose of facilitating the timely performance of the duties and responsibilities relating to the review and inspection of plans and specifications of the structural systems of hospital construction projects. The department, with the advice of the Building Safety Board, shall prepare regulations, containing qualification criteria, for implementing the contractual agreement provisions of this section. (Amended by Stats. 2021, Ch. 143, Sec. 304. (AB 133) Effective July 27, 2021.)
  177. 129856.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must create a fire and life safety officer training program if the annual Budget Act provides an appropriation, and it must prepare and submit reports on the program to the Joint Legislative Budget Committee.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. General Requirements and Administration [129750 - 129856] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129856. (a) Contingent on an appropriation in the annual Budget Act, the department shall establish a program for training fire and life safety officers. The goal of this program shall be to provide a sufficient number of qualified persons to facilitate the timely performance of the department’s duties and responsibilities relating to the review of plans and specifications pertaining to the design and observation of construction of hospital buildings and buildings described in paragraphs (2) and (3) of subdivision (b) of Section 129725, in order to ensure compliance with applicable facility design and construction codes and standards. (b) The department shall prepare a comprehensive report on the training program setting forth its goals, objectives, and structure. The report shall include the number of fire and life safety officers to be trained annually, a timeline for training completion, a process for gathering information to evaluate the training programs efficiency that includes dropout and retention rates, and a mechanism to annually assess the need for the training program to continue. The report shall be submitted to the Joint Legislative Budget Committee by April 1, 2007. (c) The department may establish other training programs as necessary to ensure that a sufficient number of qualified persons are available to facilitate the timely performance of the department’s duties and responsibilities relating to the review of plans and specifications pertaining to the design and construction of hospital buildings and buildings described in paragraphs (2) and (3) of subdivision (b) of Section 129725, to ensure compliance with applicable safety codes and standards. (d) If additional training programs are established pursuant to subdivision (c), the department shall prepare a comprehensive report on the training program setting forth its goals, objectives, and structure. The report shall include the number of individuals trained pursuant to subdivision (c) annually, a timeline for training completion, a process for gathering information to evaluate the training programs efficiency that includes dropout and retention rates, and a mechanism to annually assess the need for the training program to continue. The report shall be submitted to the Joint Legislative Budget Committee three years after the training program has been implemented. (Amended by Stats. 2021, Ch. 143, Sec. 305. (AB 133) Effective July 27, 2021.)
  178. 129875.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain hospital-related construction or alterations must follow the California Building Standards Code, and the department must review, inspect, and set criteria for expedited or exempt processing.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129875. Construction or alterations of buildings specified in paragraphs (2) and (3) of subdivision (b) of Section 129725 shall conform to the latest edition of the California Building Standards Code. The department shall independently review and inspect these buildings. For purposes of this section, “construction or alteration” includes the conversion of a building to a purpose specified in paragraphs (2) and (3) of subdivision (b) of Section 129725. Any construction or alteration of any building subject to this section shall be exempt from any plan review and approval or construction inspection requirement of any city or county. The department may also exempt from the plan review process or expedite those projects undertaken by an applicant for a hospital building that the department determines do not materially alter the mechanical, electrical, architectural, or structural integrity of the facility. The department shall set forth criteria to expedite projects or to implement any exemptions made pursuant to this paragraph. The Legislature recognizes the relative safety of single-story, wood-frame, and light steel frame construction for use in housing patients requiring skilled nursing and intermediate care services and it is, therefore, the intent of the Legislature to provide for reasonable flexibility in seismic safety standards for these structures. The department shall be reasonably flexible in the application of seismic standards for other buildings by allowing incidental and minor nonstructural additions or nonstructural alterations to be accomplished with simplified written approval procedures as established by the department, with the advice of the Division of the State Architect and the Office of the State Fire Marshal. The department shall implement, and modify, as necessary, criteria to exempt from the plan review process or expedite those projects for alterations of hospital buildings, and for those specified in paragraphs (2) and (3) of subdivision (b) of Section 129725 that may include, but are not limited to, renovations, remodeling, or installations of necessary equipment such as hot water heaters, air-conditioning units, dishwashers, laundry equipment, handrails, lights, television brackets, small emergency generators (up to 25 kilowatts), storage shelves, and similar plant operations equipment; and decorative materials such as wall coverings, floor coverings, and paint. The department shall include provisions for onsite field approvals by available department construction advisers and the preapproval of projects that comply with the requirements for which the department has developed standard architectural or engineering detail, or both standard architectural and engineering detail. (Amended by Stats. 2021, Ch. 143, Sec. 306. (AB 133) Effective July 27, 2021.)
  179. 129875.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain eligible facility projects are exempt from plan review and inspection before construction if specified conditions are met, but the department must inspect and approve the work before use and may require an interim inspection.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129875.1. (a) Notwithstanding Section 129875, projects for the construction or alterations of buildings specified in paragraph (1) of subdivision (a) of Section 129725 that are single-story, wood-frame or light steel frame construction and buildings specified in paragraphs (2) and (3) of subdivision (b) of Section 129725 shall be exempt from plan review and inspection by the department prior to construction if the facility demonstrates to the department, by written description of the project, that all of the following conditions are met: (1) The construction or alteration is undertaken to repair existing systems or to keep up the course of normal or routine maintenance. (2) The construction or alteration either restores the facility to the same operational status, or improves operational status from its operating condition immediately prior to the event, occurrence, or condition that necessitated the alteration. (3) The scope of the construction or alteration is not ordinarily within the standard of practice of a licensed architect or registered engineer. (4) The construction or alteration does not degrade the status or condition of the fire and life safety system from the status of the system immediately prior to the event, occurrence, or condition that necessitated the alteration. (b) Upon completion of construction or alteration of any building subject to this section, and prior to use of the repaired system or other subject of the construction or alteration, the department shall inspect and approve the work. The department may require an interim inspection for code compliance when walls, ceilings, or other materials or finishes will cover the final work. (c) Upon compliance with subdivision (a), the department shall issue a building permit. (Amended by Stats. 2021, Ch. 143, Sec. 307. (AB 133) Effective July 27, 2021.)
  180. 129880.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may exempt some smaller hospital-related construction projects from plan review, must not approve projects split up to avoid the dollar limits, must keep construction observation for approved projects, and must require a presubmittal meeting for very large projects.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129880. (a) The department may exempt from its plan review process construction or alteration projects for hospital buildings and buildings described in paragraphs (2) and (3) of subdivision (b) of Section 129725 with estimated construction costs of fifty thousand dollars ($50,000) or less. The criteria for exemption shall include, but not be limited to, plans that have been stamped and signed by the design professionals of record. (b) Projects that have been split into a series of smaller projects in order to avoid the qualifying dollar limits shall not be approved. The department shall maintain its construction observation mandate to ensure public safety and California Building Standards Code compliance for approved projects. (c) A presubmittal meeting between the department and the design professionals shall be required for construction or alteration projects for hospital buildings and buildings described in paragraphs (2) and (3) of subdivision (b) of Section 129725 with estimated construction costs of twenty million dollars ($20,000,000) or more. (d) The department may adopt regulations for this section to make specific the exemption criteria and processes authorized pursuant to subdivision (a), and the complete plan review process required pursuant to subdivision (c). (Amended by Stats. 2021, Ch. 143, Sec. 308. (AB 133) Effective July 27, 2021.)
  181. 129885.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section assigns plan review and building inspection duties for certain hospital-related buildings, lets the state department take over certification review on request or when local review declines certification, and sets related fees, permits, and notice rules.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129885. (a) A city or county, as applicable, shall have plan review and building inspection responsibilities for the construction or alteration of buildings described in paragraph (1) of subdivision (b) of Section 129725. For chronic dialysis and surgical services buildings, construction or alteration shall include conversion of a building to a purpose specified in paragraph (1) of subdivision (b) of Section 129725. (b) Upon the initial submission to a city or county by the governing authority or owner of a hospital for plan review and building inspection services for buildings described in paragraph (1) of subdivision (b) of Section 129725 for chronic dialysis and surgical services, the city or county shall reply in writing to the hospital as to whether or not the plan review by the city or county will include a certification as to whether or not the clinic project submitted for plan review meets the clinic standards propounded by the department in the California Building Standards Code. If the city or county indicates that its review will include this certification, it shall do all of the following: (1) Apply the applicable clinic provisions of the latest edition of the California Building Standards Code. (2) Certify in writing to the applicant within 30 days of completion of construction whether or not the standards have been met. (c) If, upon initial submission, the city or county indicates that its plan review will not include this certification, the governing authority or owner shall submit the plans to the Department of Health Care Access and Information and the department shall review the plans for certification to determine whether or not the clinic project meets the standards propounded by the department in the California Building Standards Code. (d) When the department performs the certification review, the department shall charge a fee in an amount not to exceed its actual cost. (e) Notwithstanding subdivision (a), the governing authority of a hospital may request the Department of Health Care Access and Information to perform plan review and building inspection services for buildings described in paragraph (1) of subdivision (b) of Section 129725 and Section 129730. The department shall perform these services upon request and shall charge an amount equal to its standard fee for the construction and alteration of hospital buildings. The construction or alteration of these buildings shall conform to the applicable provisions of the latest edition of the California Building Standards Code for purposes of the plan review and building inspection of the department pursuant to this subdivision. The department shall issue the building permit and certificate of occupancy for these facilities. (f) A building described in paragraph (1) of subdivision (b) of Section 129725 that is subject to the plan review and building inspection of the department pursuant to subdivision (e), may be designated by the governing authority or owner of the hospital as a “hospital building” as long as the building remains under the jurisdiction of the department. This hospital building shall be reviewed and inspected according to the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675)). (g) When a building is accepted for review by the department pursuant to subdivision (e), the governing authority of the hospital shall not request the city or county, as applicable, to conduct plan review and building inspection for any subsequent alteration of the same building, unless written notification is submitted to the department by the governing authority or owner of the hospital. (Amended by Stats. 2024, Ch. 796, Sec. 2. (SB 1382) Effective January 1, 2025.)
  182. 129890.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must set criteria for certain building alterations or construction, and area construction advisers must conduct onsite field reviews and handle related approvals and plan review decisions.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129890. (a) Notwithstanding any other provision of law, the department shall, on or before January 1, 1991, set forth and implement criteria for the alteration or construction of buildings specified in subdivision (a) of Section 129725 that provide for onsite field review and approval by construction advisers of the department and provide for preapproval of project plans that comply with the requirements for which the department has developed standard architectural or engineering detail, or both standard architectural and engineering detail. (b) Onsite field reviews shall be performed by available area construction advisers of the department. The area construction advisers shall have the responsibility to coordinate any approvals required by the State Fire Marshal. The approvals may be obtained prior to the start of construction or on a deferred basis, at the discretion of the area construction adviser. (c) An annual building permit project classified as a “field review” shall be reviewed and approved by the area construction adviser. (d) Effective January 1, 1991, all plans submitted for the alteration or construction of buildings specified in subdivision (a) of Section 129725 to the department for plan review shall be evaluated to determine if it is exempt from the plan review process or if it qualifies for an expedited plan review. The evaluation shall give priority to plans that are for minor renovation, remodeling, or installation of equipment. (Amended by Stats. 2021, Ch. 143, Sec. 310. (AB 133) Effective July 27, 2021.)
  183. 129895.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must adopt seismic safety regulations for hospital equipment anchorages, including testing criteria.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129895. (a) The department shall adopt by regulations seismic safety standards for hospital equipment anchorages, as defined by the department, to include, but not be limited to, architectural, mechanical, and electrical components, supports, and attachments. Those regulations shall include criteria for the testing of equipment anchorages. (b) Any fixed hospital equipment anchorages purchased or acquired on or after either the effective date of the regulations adopted pursuant to subdivision (a) shall not be used or installed in any hospital building unless the equipment anchorages are approved by the department. (c) Manufacturers, designers, or suppliers of equipment anchorages may submit data sufficient for the office to evaluate equipment anchorages’ seismic safety prior to the selection of equipment anchorages for any specific hospital building. (d) The department may charge a fee based on the actual costs incurred by it for data review, approvals, and field inspections pursuant to this section. (Amended by Stats. 2021, Ch. 143, Sec. 311. (AB 133) Effective July 27, 2021.)
  184. 129900.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    For covered hospital-building plans, the Department of General Services must certify compliance instead of the department reviewing and approving the plans, and it must observe construction and alteration work.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129900. Notwithstanding any other provision of law, plans for the construction or alteration of any hospital building, or any building specified in Section 129875, that are prepared by or under the supervision of the Department of General Services shall not require the review and approval of the department. In lieu of review and approval by the department, the Department of General Services shall certify to the department that the plans are in full conformance with all applicable building standards and the requirements of this chapter. The Department of General Services shall also observe all aspects of construction and alteration, including the architectural, structural, mechanical, plumbing and electrical systems. It is the intent of the Legislature that projects developed by, or under the supervision of, the Department of General Services shall still meet all applicable building standards published in the State Building Standards Code relating to the regulation of hospital projects where applicable, and all regulations adopted pursuant to this chapter and all other applicable state laws. (Amended by Stats. 2021, Ch. 143, Sec. 312. (AB 133) Effective July 27, 2021.)
  185. 129905.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain correctional and related hospital building plans are exempt from statewide department review and approval, but the responsible agencies must certify compliance and use peer review and onsite inspection procedures.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Special Requirements [129875 - 129905] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129905. Subject to the complete exemption contained in paragraphs (6) and (7) of subdivision (b) of Section 129725, and notwithstanding any other provision of law, plans for the construction or alteration of any hospital building, as defined in Section 1250, or any building specified in Section 129875, that are prepared by or under the supervision of the Department of Corrections or on behalf of the Department of the Youth Authority, shall not require the review and approval of the statewide department. In lieu of review and approval by the statewide department, the Department of Corrections and the Department of the Youth Authority shall certify to the statewide department that their plans and construction are in full conformance with all applicable building standards, including, but not limited to, fire and life and safety standards, and the requirements of this chapter for the architectural, structural, mechanical, plumbing, and electrical systems. The Department of Corrections and the Department of the Youth Authority shall use a secondary peer review procedure to review designs to ensure the adherence to all design standards for all new construction projects, and shall ensure that the construction is inspected by a competent, onsite inspector to ensure the construction is in compliance with the design and plan specifications. Subject to the complete exemption contained in paragraphs (6) and (7) of subdivision (b) of Section 129725, and notwithstanding any other provision of law, plans for the construction or alteration of any correctional treatment center that are prepared by or under the supervision of a law enforcement agency of a city, county, or city and county shall not require the review and approval of the statewide department. In lieu of review and approval by the statewide department, the law enforcement agency of a city, county, or city and county shall certify to the statewide department that the plans and construction are in full conformance with all applicable building standards, including, but not limited to, fire and life and safety standards, and the requirements of this chapter for the architectural, structural, mechanical, plumbing, and electrical systems. It is the intent of the Legislature that, except as specified in this section, all hospital buildings as defined by this chapter constructed by or under the supervision of the Department of Corrections or local law enforcement agencies, or constructed on behalf of the Department of the Youth Authority shall at a minimum meet all applicable regulations adopted pursuant to this chapter and all other applicable state laws. (Amended by Stats. 2021, Ch. 143, Sec. 313. (AB 133) Effective July 27, 2021.)
  186. 129925.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The director appoints the Hospital Building Safety Board, and the board must advise the director and act as the board of appeals for certain hospital building project matters.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129925. There is in the department a Hospital Building Safety Board that shall be appointed by the director. The board shall advise the director and, notwithstanding Section 13142.6 and except as provided in Section 18945, shall act as a board of appeals in all matters relating to the administration and enforcement of building standards relating to the design, construction, alteration, and seismic safety of hospital building projects submitted to the department pursuant to this chapter. Further, notwithstanding Section 13142.6, the board shall act as the board of appeals in matters relating to all fire and panic safety regulations and alternate means of protection determinations for hospital building projects submitted to the department pursuant to this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 314. (AB 133) Effective July 27, 2021.)
  187. 129930.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The board must have 16 members, and the director of the department appoints them.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129930. The board shall consist of 16 members appointed by the director of the department. Of the appointive members, two shall be structural engineers, two shall be architects, one shall be an engineering geologist, one shall be a geotechnical engineer, one shall be a mechanical engineer, one shall be an electrical engineer, one shall be a hospital facilities manager, one shall be a local building official, one shall be a general contractor, one shall be a fire and panic safety representative, one shall be a hospital inspector of record, and three shall be members of the general public. (Amended by Stats. 2021, Ch. 143, Sec. 315. (AB 133) Effective July 27, 2021.)
  188. 129932.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Board members are appointed by the director for four-year terms, may not serve more than two consecutive terms, and the director may remove a member for neglect of duty or other just cause.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129932. (a) Each member shall be appointed by the director for a term of four years and shall hold office until the appointment and qualification of his or her successor or until one year has elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms. The director may remove any member of the board for neglect of duty or other just cause. (b) The terms of the appointive members of the board who are in office before January 1, 1994, shall expire as follows: (1) The terms of two members shall expire January 1, 1994. (2) The terms of two members shall expire January 1, 1995. (3) The terms of two members shall expire January 1, 1996. (4) The terms of two members shall expire January 1, 1997. (5) The terms of three members shall expire January 1, 1998. (6) The terms of three members shall expire January 1, 1999. The terms shall expire in the same relative order as the original appointment dates. (c) Vacancies occurring during a term shall be filled by appointment for the unexpired term. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  189. 129935.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Board members must be residents of California, and appointive members (except public members) must have relevant hospital design/construction expertise and seismic-safety knowledge.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129935. Appointive members, except for the public members, shall be qualified by close connection with hospital design and construction and highly knowledgeable in their respective fields with particular reference to seismic safety. Appointive members, except for the public members, shall be appointed from nominees recommended by the governing bodies of the Structural Engineers Association of California; the American Institute of Architects; the Earthquake Engineering Research Institute; the Association of Engineering Geologists; the Consulting Engineers and Land Surveyors of California; the California Association of Local Building Officials; the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, Inc.; the California Association of Hospitals and Health Systems; the Associated General Contractors of California; the American Construction Inspectors’ Association; and the California Fire Chiefs’ Association. Board members shall be residents of California. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  190. 129940.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The board has six ex officio members, and the director may appoint up to three more with the chair’s advice.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129940. (a) There shall be six ex officio members of the board, who shall be the director of the department, the State Fire Marshal, the State Geologist, the Executive Director of the California Building Standards Commission, the State Director of Health Services, and the Deputy Director of the Division of Facilities Development in the department, or their officially designated representatives. (b) The director may also appoint up to three additional ex officio members, with the advice of the chair. On January 1, 1994, director-appointed ex officio members may continue to serve until appointment of their successors by the director. (Amended by Stats. 2021, Ch. 143, Sec. 316. (AB 133) Effective July 27, 2021.)
  191. 129942.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Appointed members may vote at board meetings, and appointed members, ex officio members, and chair-appointed committee members may vote at committee meetings.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129942. (a) Only appointed members shall vote at board meetings. (b) Appointed members, ex officio members, and others appointed to a committee, including an appeal committee, by the chair, may vote at committee meetings. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  192. 129945.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The board chair must be an appointive member and must be elected by a majority of the appointive members.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129945. The chair of the board shall be an appointive member and shall be elected by a majority of the appointive members. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  193. 129950.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The board must be served by an executive director, and that executive director must be a member of the department staff.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129950. The board shall be served by an executive director who shall be a member of the department staff. (Amended by Stats. 2021, Ch. 143, Sec. 317. (AB 133) Effective July 27, 2021.)
  194. 129955.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The Building Safety Board must meet when the chairperson requests it, and the chairperson may call meetings when needed. The board must also adopt procedure rules, and the chairperson may designate subcommittees.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129955. The Building Safety Board shall convene upon request of the chairperson thereof. The chairperson may convene a meeting of the board whenever it may be necessary, in the chairperson’s judgment, for the board to meet. The board shall adopt rules of procedure as necessary to enable it to perform its duties. The chairperson shall, at his or her discretion, or upon instructions from the board, designate subcommittees to study and report back to the board upon any technical subject or matter for which an independent review or further study is desired. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  195. 129960.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Board members are entitled to reimbursement for qualifying meeting expenses and a $100 per diem for qualifying service days, but no other compensation from that account.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Building Safety Board [129925 - 129960] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129960. Members of the board shall be reimbursed from the Hospital Building Account in the Architecture Public Building Fund for their reasonable actual expenses in attending meetings conducted to carry out the provisions of this chapter, and they shall receive from that account per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties where attendance at one or more publicly scheduled meetings or hearings of the board is required by the board’s chairperson. However, they shall receive no other compensation from that account for their services. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  196. 129975.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Enforcement [129975 - 129990] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The director of the department may conduct studies on how this chapter is implemented.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Enforcement [129975 - 129990] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129975. The director of the department may conduct studies relating to the implementation of this chapter to ensure that the implementation of its provisions results in the least amount of increases in costs, staffing, and regulation. (Amended by Stats. 2021, Ch. 143, Sec. 318. (AB 133) Effective July 27, 2021.)
  197. 129980.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Enforcement [129975 - 129990] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    If hospital construction or alteration is being done contrary to this chapter, the department may order it stopped by written notice; work must stop when the notice is served, and the served person may request a hearing within 15 days.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Enforcement [129975 - 129990] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129980. Whenever any construction or alteration of any hospital building is being performed contrary to the provisions of this chapter, the department may order the construction or alteration stopped by written notice served upon any persons engaged in or causing the work to be done. Upon service of the written notice, all construction or alteration shall cease until an authorization to remove the notice is issued by the department. Any person so served shall, upon request made within 15 days of the written notice, be entitled to a hearing pursuant to Section 11506 of the Government Code. (Amended by Stats. 2021, Ch. 143, Sec. 319. (AB 133) Effective July 27, 2021.)
  198. 129985.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Enforcement [129975 - 129990] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Department representatives may inspect buildings or premises for chapter enforcement or suspected unsafe conditions, but must show identification first; occupants or controllers must promptly allow entry when shown proper legal authorization.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Enforcement [129975 - 129990] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129985. (a) Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter or whenever the department or its authorized representatives has reasonable cause to believe that there exists in any building or upon any premises any condition or a violation of any applicable building standards that makes the building or premises unsafe, dangerous, or hazardous, the department or its authorized representatives may enter the building or premises at any reasonable time to make an inspection or to perform any authorized duty. Prior to an entry authorized by this section, the authorized representatives of the department shall first present proper identification and credentials and request entry. In the event that the building or premises are unoccupied, there shall be a reasonable effort made to locate the owner or other person or persons having control or charge of the building or premises in order to request an entry. If a request for entry is refused, the department or its authorized representatives shall have recourse to any remedy prescribed by law to secure entry. (b) Whenever the owner, occupant, or other person having control or charge of the building or premises is presented with a proper inspection warrant or other authorization prescribed by law to secure entry and a request for entry is made, the owner, occupant, or other person having control or charge of the building or premises shall promptly permit the entry of the authorized representatives of the department for the purpose of inspection and examination authorized by this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 320. (AB 133) Effective July 27, 2021.)
  199. 129990.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Enforcement [129975 - 129990] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may order a building or structure vacated or its use stopped if it violates the department’s adopted regulations, after notice is served on the owner or person in control.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 6. Enforcement [129975 - 129990] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129990. The department may order the vacating of any building or structure found to have been in violation of the adopted regulations of the department and may order the use of the building or structure discontinued within the time prescribed by the department upon the service of notice to the owner or other person having control or charge of the building or structure. Any owner or person having control so served shall, upon request made within 15 days of the written notice, be entitled to a hearing pursuant to Section 11506 of the Government Code. (Amended by Stats. 2021, Ch. 143, Sec. 321. (AB 133) Effective July 27, 2021.)
  200. 129998.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Penalties [129998- 129998.] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    A person who violates any provision of this chapter commits a misdemeanor. The section does not apply to correctional treatment centers, and it does not affect their civil or administrative liability.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 7. Penalties [129998- 129998.] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 129998. (a) Any person who violates any provision of this chapter is guilty of a misdemeanor. (b) This section shall not apply to correctional treatment centers. This subdivision shall not affect any civil or administrative liability against correctional treatment centers or persons employed by these centers. This subdivision shall remain operative only until January 1, 1994. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.