Health and Safety Code — Part 33 | HSC — United States — California law | Esheria

Health and Safety Code

Part 33 of 87 · provisions 6,401–6,600

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

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About this statute

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

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 13188.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. )

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    The State Fire Marshal may suspend or revoke a license or certificate of registration for specified reasons.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. ) ## 13188. A license or certificate of registration may be suspended or revoked by the State Fire Marshal pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, of the Government Code, for any of the following reasons: (a) The applicant is not the real person in interest. (b) Material misrepresentation or false statement in the application. (c) Violation of any provision of this chapter or any regulation adopted by the State Fire Marshal pursuant to this chapter. (Added by Stats. 1968, Ch. 802.)
  2. 13188.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. )

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    The State Fire Marshal may suspend a license or certificate of registration for up to 30 days after a preliminary finding of a violation, while the matter is investigated.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. ) ## 13188.1. The State Fire Marshal may, upon a preliminary finding of a violation of the provisions of this part, suspend any license or certificate of registration for a period not exceeding 30 days pending investigation of any violation of the provisions of this part. (Added by Stats. 1989, Ch. 909, Sec. 2.)
  3. 13188.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. )

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    An applicant denied a license or certificate of registration, or whose license or certificate of registration is suspended, is entitled to a hearing under this part.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. ) ## 13188.2. Any applicant who has been denied a license or certificate of registration or who has had a license or certificate of registration suspended, shall be entitled to a hearing in accordance with the provisions of this part. (Added by Stats. 1989, Ch. 909, Sec. 3.)
  4. 13188.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. )

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    Hearings under this part must follow Chapter 5 of the Government Code unless this part says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. ) ## 13188.3. Except where otherwise provided in this part, all hearings under this part shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1989, Ch. 909, Sec. 4.)
  5. 13188.4.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. )

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    The State Fire Marshal or designee may let a license or registration holder pay a monetary penalty instead of serving all or part of a suspension, if the section’s conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 4. Denial, Revocation, and Suspension [13185 - 13188.4] ( Article 4 added by Stats. 1968, Ch. 802. ) ## 13188.4. (a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting a person who has a license issued pursuant to Section 13165 or a certificate of registration issued pursuant to Section 13178 to pay a monetary penalty to the State Fire Marshal in lieu of a license or certificate of registration suspension, the State Fire Marshal or his or her designee may stay the execution of all or part of the suspension if all of the following conditions are met: (1) The violation that is the cause for the suspension did not pose, or have the potential to pose, a significant threat or risk of harm to the public. (2) The holder of the license or certificate of registration pay a monetary penalty. (3) The holder of the license or certificate of registration does not incur any other cause for disciplinary action within a period of time specified by the State Fire Marshal or his or her designee. In making the determination, the State Fire Marshal or his or her designee shall consider the seriousness of the violation, the violator’s record of compliance with the law, the impact of the determination on the violator, the violator’s employees or customers, and other relevant factors. (b) The State Fire Marshal or his or her designee may exercise the discretion granted under this section either with respect to a suspension ordered by a decision after a contested hearing on an accusation against the holder of the license or certificate of registration or by stipulation with the holder of the license or certificate of registration after the filing of an accusation, but prior to the rendering of a decision based upon the accusation. In either case, the terms and conditions of the disciplinary action against the holder of the license or certificate of registration shall be made part of a formal decision of the State Fire Marshal or his or her designee. (c) If a holder of the license or certificate of registration fails to pay the monetary penalty in accordance with the terms and conditions of the decision of the State Fire Marshal or his or her designee, the State Fire Marshal or his or her designee may, without a hearing, order the immediate execution of all or any part of the stayed suspension in which event the holder of the license or certificate of registration shall not be entitled to any repayment nor credit, prorated or otherwise, for money paid to the State Fire Marshal under the terms of the decision. (d) The amount of the monetary penalty payable under this section shall not exceed two hundred fifty dollars ($250) for each day of suspension stayed nor a total of ten thousand dollars ($10,000) per decision regardless of the number of days of suspension stayed under the decision. (e) Any monetary penalty received pursuant to this section shall be deposited in the State Fire Marshal Licensing and Certification Fund. (f) On or before March 1 of each year, the State Fire Marshal shall make available to the public data showing the percentage of enforcement actions taken that resulted in license suspension or the assessment of monetary penalties pursuant to this section. (Added by Stats. 2010, Ch. 161, Sec. 2. (AB 1773) Effective January 1, 2011.)
  6. 13189.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 5. Fees [13189 - 13190] ( Article 5 added by Stats. 1968, Ch. 802. )

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    The State Fire Marshal sets the original and annual renewal fee for licenses and certificates of registration under this chapter, and a 50% penalty fee is added if a renewal fee is not paid by November 1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 5. Fees [13189 - 13190] ( Article 5 added by Stats. 1968, Ch. 802. ) ## 13189. (a) The original and annual renewal fee for any license or a certificate of registration issued pursuant to this chapter shall be established by the State Fire Marshal. That fee shall not exceed the amount necessary to cover the costs incurred in the administration and enforcement of this chapter. (b) A penalty fee equal to 50 percent of the required annual license fee or certificate of registration fee shall be added to the fee in all cases where the fee for a renewal is not paid on or before November 1. (Repealed and added by Stats. 1983, Ch. 1313, Sec. 16.)
  7. 1319.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    A health facility may make staff membership rules that require medical staff members to carry professional liability insurance.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1319. The rules of a health facility may include provisions that require every member of the medical staff to have professional liability insurance as a condition to being on the medical staff of the health facility. (Added by Stats. 1974, Ch. 889.)
  8. 13190.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 5. Fees [13189 - 13190] ( Article 5 added by Stats. 1968, Ch. 802. )

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    Local governments may not charge a special fee beyond an ordinary business license fee for portable fire extinguisher servicing, charging, or testing activities.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 5. Fees [13189 - 13190] ( Article 5 added by Stats. 1968, Ch. 802. ) ## 13190. No special fee other than that charged for an ordinary business license shall be charged for any natural person, corporation, firm, or association, by any city, county, city and county or fire protection district, for the privilege of performing acts involving servicing, charging or testing of portable fire extinguishers. (Added by Stats. 1968, Ch. 802.)
  9. 13190.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 6. Enforcement [13190.1 - 13190.4] ( Article 6 added by Stats. 1968, Ch. 802. )

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    The State Fire Marshal must enforce this chapter and related regulations statewide, except as this article provides. Certain firms, corporations, and their employees are exempt from those rules if they are not in the portable fire extinguisher servicing business and maintain their own fire prevention and protection department.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 6. Enforcement [13190.1 - 13190.4] ( Article 6 added by Stats. 1968, Ch. 802. ) ## 13190.1. Except as provided in this article, the State Fire Marshal shall enforce in all areas of the state, the provisions of this chapter and the regulations and standards adopted by him pursuant to Section 13160. The provisions of this chapter and the regulations and standards adopted by the State Fire Marshal pursuant to Section 13160 shall not apply to any firm or corporation not engaged in the business of servicing, charging or testing portable fire extinguishers and that maintains its own fully equipped and specially staffed fire prevention and protection department, or to any employee of any such firm or corporation while acting in the scope of his employment. (Added by Stats. 1968, Ch. 802.)
  10. 13190.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 6. Enforcement [13190.1 - 13190.4] ( Article 6 added by Stats. 1968, Ch. 802. )

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    Government agencies may enforce local fire-extinguisher rules and State Fire Marshal regulations within their own jurisdictions.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 6. Enforcement [13190.1 - 13190.4] ( Article 6 added by Stats. 1968, Ch. 802. ) ## 13190.2. Any governmental agency, including the state, and any city, county, district, or any other political subdivision or public corporation of the state, may, in their respective areas of jurisdiction, enforce ordinances, regulations, and orders adopted by such agency relating to the number, size, and type of portable fire extinguishers required to be installed or provided. Such agencies may, in their respective areas of jurisdiction, also enforce the regulations adopted by the State Fire Marshal relating to care, maintenance, and frequency of servicing, charging, and testing of portable fire extinguishers. Nothing in this article shall diminish the enforcement responsibility and authority conferred upon any governmental agency pursuant to any other state statute. (Added by Stats. 1968, Ch. 802.)
  11. 13190.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 6. Enforcement [13190.1 - 13190.4] ( Article 6 added by Stats. 1968, Ch. 802. )

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    Portable fire extinguishers that are required by law must be maintained under the Section 13160 regulations, and the property’s owner or occupant is responsible for inspection, maintenance, and recharging.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 6. Enforcement [13190.1 - 13190.4] ( Article 6 added by Stats. 1968, Ch. 802. ) ## 13190.3. Any portable fire extinguisher that is required to be installed by any statute or ordinance shall be maintained in accordance with the regulations adopted pursuant to Section 13160. (a) The owner or occupant of a property in which fire extinguishers are located shall be responsible for the inspection, maintenance, and recharging of the fire extinguishers. (b) Maintenance, servicing, and recharging shall be performed by concerns licensed by the State Fire Marshal having available the appropriate servicing manual, the proper types of tools, recharge materials, lubricants, and manufacturer’s recommended replacement parts or parts of equal quality. (Amended by Stats. 1988, Ch. 615, Sec. 2.)
  12. 13190.4.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 6. Enforcement [13190.1 - 13190.4] ( Article 6 added by Stats. 1968, Ch. 802. )

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    Violating this chapter or related State Fire Marshal regulations is a misdemeanor punishable by up to $1,000, up to six months in jail, or both.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.5. Portable Fire Extinguishers [13160 - 13190.4] ( Chapter 1.5 added by Stats. 1968, Ch. 802. ) ## ARTICLE 6. Enforcement [13190.1 - 13190.4] ( Article 6 added by Stats. 1968, Ch. 802. ) ## 13190.4. Every person who violates any provision of this chapter or any regulation adopted by the State Fire Marshal pursuant to Section 13160 is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than six months, or by both such fine and imprisonment. A person is guilty of a separate offense each day during which he commits, continues, or permits a violation of this chapter or of any regulation adopted pursuant to this chapter. (Added by Stats. 1968, Ch. 802.)
  13. 13195.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    The State Fire Marshal must adopt and administer regulations and building standards for servicing, testing, and maintaining automatic fire extinguishing systems.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13195. The State Fire Marshal shall adopt and administer the regulations and building standards he or she deems necessary in order to (1) establish and control a program for servicing, testing, and maintaining all automatic fire extinguishing systems, including but not limited to, fire sprinkler systems, engineered and preengineered fixed extinguishing systems, standpipe systems, and water flow alarm devices and (2) establish minimum frequencies of service, inspection, and testing for the various types of automatic fire extinguishing systems. All tests of automatic sprinkler systems shall include a test of all supervisory signaling equipment that is provided to determine whether a condition exists that will impair the satisfactory operation of the system. The regulations and building standards established by the State Fire Marshal for servicing, testing, and maintaining automatic fire extinguishing systems shall consider the requirements of the applicable standards of the National Fire Protection Association and the voluntary standards published by the State Fire Marshal entitled the “California Voluntary Standards for Residential Sprinkler Systems,” dated January 1982. (Added by Stats. 1982, Ch. 699, Sec. 1.)
  14. 13195.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    Automatic fire extinguishing systems must be serviced, tested, and maintained according to regulations and building standards adopted by the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13195.5. Every automatic fire extinguishing system, including, but not limited to, fire sprinkler systems, engineered and preengineered fixed extinguishing systems, standpipe systems, and alarm and supervisory equipment attached to those systems shall be serviced, tested, and maintained in accordance with the regulations and building standards adopted by the State Fire Marshal pursuant to Section 13195. (Added by Stats. 1982, Ch. 699, Sec. 1.)
  15. 13196.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    Regulations and building standards adopted under Section 13195 must be enforced under Sections 13145 and 13146.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13196. The regulations and building standards adopted pursuant to Section 13195 shall be enforced pursuant to Sections 13145 and 13146. (Added by Stats. 1982, Ch. 699, Sec. 1.)
  16. 13196.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    A person may not service or test automatic fire extinguishing systems without a license from the State Fire Marshal, unless a stated exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13196.5. (a) Except as provided in subdivisions (b), (c), and (d), no person shall engage in the business of servicing or testing automatic fire extinguishing systems without a license issued by the State Fire Marshal pursuant to this chapter. (b) Persons who engage in the business of servicing or testing fire alarm devices, water flow alarm devices, or the supervisory signaling components of automatic fire extinguishing systems shall not be subject to the licensing requirements contained in this chapter. (c) Industrial systems may be serviced or tested by, or under the supervision of, an engineer employed by a private entity who shall not be subject to the licensing requirements contained in this chapter unless he or she performs the service or testing for a fee outside of the employment relationship. (d) Any specialty contractor, as defined in subdivision (b) of Section 7058 of the Business and Professions Code, shall not be subject to the licensing requirements contained in this chapter. (Amended by Stats. 1985, Ch. 253, Sec. 2.)
  17. 13197.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    The State Fire Marshal must adopt regulations to establish and maintain the licensing program for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13197. The State Fire Marshal shall adopt regulations to establish and maintain the licensing program required by this chapter. To the extent the State Fire Marshal determines is necessary to carry out the provisions of this chapter, the regulations may provide for, but need not be limited to, requirements that the applicant for a license pass an examination or possess the qualifications necessary to perform the prescribed service, maintenance, and testing, or both. (Added by Stats. 1982, Ch. 699, Sec. 1.)
  18. 13197.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    The State Fire Marshal may deny or revoke a license if the applicant made a material misrepresentation or false statement in the application, or if there is a violation of this chapter or related regulations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13197.5. A license may be denied or revoked by the State Fire Marshal for either of the following reasons: (a) The applicant made a material misrepresentation or false statement in the application. (b) Violation of any provision of this chapter or any regulation adopted by the State Fire Marshal pursuant to this chapter. (Added by Stats. 1982, Ch. 699, Sec. 1.)
  19. 13197.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    The State Fire Marshal may let a licensee pay a monetary penalty instead of serving all or part of a suspension, but only if listed conditions are met. The section also caps the penalty amount and requires annual public reporting.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13197.6. (a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting a person licensed under this chapter to pay a monetary penalty to the State Fire Marshal in lieu of an actual license suspension, the State Fire Marshal or his or her designee may stay the execution of all or part of the suspension if all of the following conditions are met: (1) The violation that is the cause for the suspension did not pose, or have the potential to pose, a significant threat or risk of harm to the public. (2) The licensee pays a monetary penalty. (3) The licensee does not incur any other cause for disciplinary action within a period of time specified by the State Fire Marshal or his or her designee. In making the determination, the State Fire Marshal or his or her designee shall consider the seriousness of the violation, the violator’s record of compliance with the law, the impact of the determination on the licensee, the licensee’s employees or customers, and other relevant factors. (b) The State Fire Marshal or his or her designee may exercise the discretion granted under this section either with respect to a suspension ordered by a decision after a contested hearing on an accusation against the licensee or by stipulation with the licensee after the filing of an accusation, but prior to the rendering of a decision based upon the accusation. In either case, the terms and conditions of the disciplinary action against the licensee shall be made part of a formal decision of the State Fire Marshal or his or her designee. (c) If a licensee fails to pay the monetary penalty in accordance with the terms and conditions of the decision of the State Fire Marshal or his or her designee, the State Fire Marshal or his or her designee may, without a hearing, order the immediate execution of all or any part of the stayed suspension in which event the licensee shall not be entitled to any repayment nor credit, prorated or otherwise, for money paid to the State Fire Marshal under the terms of the decision. (d) The amount of the monetary penalty payable under this section shall not exceed two hundred fifty dollars ($250) for each day of suspension stayed nor a total of ten thousand dollars ($10,000) per decision regardless of the number of days of suspension stayed under the decision. (e) Any monetary penalty received pursuant to this section shall be deposited in the State Fire Marshal Licensing and Certification Fund. (f) On or before March 1 of each year, the State Fire Marshal shall make available to the public data showing the percentage of enforcement actions taken that resulted in license suspension or the assessment of monetary penalties pursuant to this section. (Added by Stats. 2010, Ch. 161, Sec. 3. (AB 1773) Effective January 1, 2011.)
  20. 13198.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    The State Fire Marshal must adopt a fee schedule for licensees, and local fire agencies may also adopt fee schedules to cover enforcement costs.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13198. The State Fire Marshal shall adopt a schedule of fees to be paid by licensees in an amount which is necessary to cover the cost of administering and enforcing the provisions of this chapter by the State Fire Marshal. Any city or county fire department, or any district providing fire protection services may adopt a schedule of fees as required to cover the cost of enforcing the provisions of this chapter. The annual and renewal license shall be valid for the period from January 1, to December 31. The annual license fee renewal period shall begin on September 1 and end on November 1 preceding the license year for which the renewal is requested. A penalty of 50 percent of the license fee shall be assessed in all cases where the renewal fees are not paid on or before November 1, preceding the license year for which renewal is requested. (Amended by Stats. 1989, Ch. 529, Sec. 4.)
  21. 13198.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    State and local agencies may not adopt or enforce fire-extinguisher-system rules that conflict with this chapter or the State Fire Marshal’s standards.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13198.5. It is the legislative intention in enacting this chapter that the provisions of this chapter and the regulations and building standards adopted by the State Fire Marshal pursuant to Section 13195 shall apply uniformly throughout the State of California, and no state agency, county, city and county, or district shall adopt or enforce any ordinance or rule or regulation regarding automatic fire extinguishing systems which is inconsistent with the provisions of this chapter or the regulations and standards adopted by the State Fire Marshal. (Added by Stats. 1982, Ch. 699, Sec. 1.)
  22. 13199.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. )

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    Violating this chapter or related fire-safety regulations is a misdemeanor punishable by a fine, jail time, or both.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.8. Automatic Fire Extinguisher Systems [13195 - 13199] ( Chapter 1.8 added by Stats. 1982, Ch. 699, Sec. 1. ) ## 13199. Any person who violates any provisions of this chapter or any regulation or building standard adopted by the State Fire Marshal pursuant to Section 13195 is guilty of a misdemeanor punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for not more than six months, or by both such fine and imprisonment. A person is guilty of a separate offense each day during which he or she commits, continues, or permits a violation of this chapter or any regulation or building standards adopted pursuant to this chapter. (Added by Stats. 1982, Ch. 699, Sec. 1.)
  23. 1320.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    A skilled nursing facility or intermediate care facility may not require patients to buy drugs, supplies, or equipment from a particular pharmacy or source.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1320. A skilled nursing facility or intermediate care facility shall not require patients to purchase drugs, or rent or purchase medical supplies or equipment, from any particular pharmacy or other source. This section shall not preclude a skilled nursing facility or intermediate care facility from requiring that the patient’s pharmacy or other source comply with the facility’s policies and procedures reasonably necessary for the care of the patient or policies and procedures required to meet the intent of state or federal regulations. Nothing in this section shall preclude a skilled nursing facility or intermediate care facility from requiring that controlled substances which are periodically counted by the facility on at least a daily basis be dispensed by the patient’s pharmacy in containers suitable for that purpose. (Added by Stats. 1980, Ch. 785.)
  24. 132000.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. )

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    A prescription drug manufacturer must not offer certain discounts or other out-of-pocket cost reductions in the state when a lower-cost therapeutically equivalent generic drug is covered, subject to specified exceptions.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. ) ## 132000. (a) Except as provided in Section 132004, a person who manufactures a prescription drug shall not offer in the state a discount, repayment, product voucher, or other reduction in an individual’s out-of-pocket expenses associated with his or her health insurance, health care service plan, or other health coverage, including, but not limited to, a copayment, coinsurance, or deductible, for a prescription drug if a lower cost generic drug is covered under the individual’s health insurance, health care service plan, or other health coverage on a lower cost-sharing tier that is designated to be therapeutically equivalent as indicated by the United States Food and Drug Administration’s “Approved Drug Products with Therapeutic Equivalence Evaluations.” (b) The prohibition in subdivision (a) shall not apply to a branded prescription drug, until the time that the first drug designated in the United States Food and Drug Administration’s “Approved Drug Products with Therapeutic Equivalence Evaluations” as therapeutically equivalent to that branded prescription drug has been nationally available for three calendar months. (Added by Stats. 2017, Ch. 611, Sec. 1. (AB 265) Effective January 1, 2018.)
  25. 132002.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. )

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    Manufacturers of prescription drugs must not offer certain discounts or reductions in out-of-pocket costs in the state, except as provided in Section 132004.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. ) ## 132002. Except as provided in Section 132004, a person who manufactures a prescription drug shall not offer in the state a discount, repayment, product voucher, or other reduction in the individual’s out-of-pocket expenses associated with his or her health insurance, health care service plan, or other health coverage, including, but not limited to, a copayment, coinsurance, or deductible, for a prescription drug if the active ingredients of the drug are contained in products regulated by the federal Food and Drug Administration, are available without prescription at a lower cost, and are not otherwise contraindicated for treatment of the condition for which the prescription drug is approved. (Added by Stats. 2017, Ch. 611, Sec. 1. (AB 265) Effective January 1, 2018.)
  26. 132004.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. )

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    The prohibitions in Sections 132000 and 132002 do not apply in five listed situations, including certain FDA REMS-related payments, some HIV/AIDS single-tablet regimens, completed insurer step therapy or prior authorization, non-insurance-associated out-of-pocket reductions, and rebates received by a state agency.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. ) ## 132004. The prohibitions in Sections 132000 and 132002 shall not apply to any of the following: (a) A discount, repayment, product voucher, or other payment to a patient or another person on the patient’s behalf for a prescription drug required under a United States Food and Drug Administration Risk Evaluation and Mitigation Strategy for the purpose of monitoring or facilitating the use of that prescription drug in a manner consistent with the approved labeling of the prescription drug. (b) A single-tablet drug regimen for treatment or prevention of human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS) that is as effective as a multitablet regimen, unless, consistent with clinical guidelines and peer-reviewed scientific and medical literature, the multitablet regimen is clinically equally effective or more effective and is more likely to result in adherence to the drug regimen. (c) The individual has completed any applicable step therapy or prior authorization requirements for the branded prescription drug as mandated by the individual’s health insurer, health care service plan, or other health coverage. (d) A discount, repayment, product voucher, or other reduction in an individual’s out-of-pocket expenses is not associated with his or her health insurance, health care service plan, or other health coverage. (e) Rebates received by a state agency. (Added by Stats. 2017, Ch. 611, Sec. 1. (AB 265) Effective January 1, 2018.)
  27. 132006.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. )

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    This section allows certain entities to give a pharmaceutical product free of charge, as long as it is free to the patient and to the patient’s insurer, health plan, or other coverage.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. ) ## 132006. This division does not prohibit an entity, including an entity that manufactures prescription drugs or a patient assistance program that is solely funded by one or more manufacturers, from offering a pharmaceutical product free of any cost, if the product is free of cost to both the patient and his or her health insurer, health care service plan, or other health coverage. (Added by Stats. 2017, Ch. 611, Sec. 1. (AB 265) Effective January 1, 2018.)
  28. 132008.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. )

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    This section says the division does not affect a pharmacist’s ability to substitute a prescription drug and does not prohibit or limit assistance to a patient from an independent charity patient assistance program.

    ## Health and Safety Code - HSC ## DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008] ( Division 114 added by Stats. 2017, Ch. 611, Sec. 1. ) ## 132008. (a) This division shall not be deemed to affect a pharmacist’s ability to substitute a prescription drug pursuant to Section 4073 of the Business and Professions Code. (b) (1) This division shall not prohibit or limit assistance to a patient provided by an independent charity patient assistance program. (2) For purposes of this section, “independent charity patient assistance program” means a program that meets all of the following requirements: (A) The program does not allow a pharmaceutical manufacturer or an affiliate of the manufacturer, including, but not limited to, an employee, agent, officer, shareholder, contractor, wholesaler, distributor, or pharmacy benefits manager, to exert any direct or indirect influence or control over the charity or subsidy program. (B) Assistance is awarded in a truly independent manner that severs any link between a pharmaceutical manufacturer’s funding and the beneficiary. (C) Assistance is awarded without regard to the pharmaceutical manufacturer’s interest and without regard to the beneficiary’s choice of product, provider, practitioner, supplier, health insurance, health care service plan, or other health coverage. (D) Assistance is awarded based upon a reasonable, verifiable, and uniform measure of financial need that is applied in a consistent manner. (E) The pharmaceutical manufacturer does not solicit or receive data from the program that would facilitate the manufacturer in correlating the amount or frequency of its donations with the number of subsidized prescriptions for its products. (Added by Stats. 2017, Ch. 611, Sec. 1. (AB 265) Effective January 1, 2018.)
  29. 13201.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Clothes Cleaning Establishments [13201 - 13203] ( Chapter 2 repealed and added by Stats. 1972, Ch. 991. )

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    For drycleaning plants and processes, the State Fire Marshal must adopt fire and panic safety regulations and building standards, and local agencies may adopt stricter building standards.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Clothes Cleaning Establishments [13201 - 13203] ( Chapter 2 repealed and added by Stats. 1972, Ch. 991. ) ## 13201. The minimum building standards for all drycleaning plants and processes in this state shall be the provisions published in the State Building Standards Code. The State Fire Marshal shall adopt regulations for protection against fire and panic safety in drycleaning plants and processes, other than building standards, reasonably consistent with the Uniform Fire Code, 1979 edition, and its referenced document, as published by the International Conference of Building Officials and the Western Fire Chiefs Association, Inc. The State Fire Marshal shall adopt building standards for such purposes, reasonably consistent with such model code, and submit such building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of this code. Any local agency may adopt more restrictive building standards and regulations relating to fire and panic safety in drycleaning plants. (Amended by Stats. 1979, Ch. 1152.)
  30. 13202.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Clothes Cleaning Establishments [13201 - 13203] ( Chapter 2 repealed and added by Stats. 1972, Ch. 991. )

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    Existing facilities may be exempt from having to conform to Section 13201’s new-construction requirements if the enforcing authority believes they provide a reasonable degree of fire and life safety.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Clothes Cleaning Establishments [13201 - 13203] ( Chapter 2 repealed and added by Stats. 1972, Ch. 991. ) ## 13202. Facilities which are in existence on the effective date of this section need not mandatorily conform or be made to conform with the requirements of Section 13201 for new construction if in the opinion of the enforcing authority there is a reasonable degree of fire and life safety in such facilities. (Repealed and added by Stats. 1972, Ch. 991.)
  31. 13203.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Clothes Cleaning Establishments [13201 - 13203] ( Chapter 2 repealed and added by Stats. 1972, Ch. 991. )

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    This section divides enforcement authority for the chapter among local fire officials, the State Fire Marshal, and the local building official.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Clothes Cleaning Establishments [13201 - 13203] ( Chapter 2 repealed and added by Stats. 1972, Ch. 991. ) ## 13203. The division of authority for the enforcement of this chapter shall be as follows: (a) The chief of any city or county fire department or fire protection district and their authorized representatives in their respective areas on matters relating to fires and fire protection, and the State Fire Marshal outside of such areas. (b) The local building official on matters relating to building construction. (Repealed and added by Stats. 1972, Ch. 991.)
  32. 1321.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    A health facility may not advertise or represent that it provides occupational therapy services unless those services are provided under the facility’s administrative control by an occupational therapist or occupational therapy assistant.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1321. No health facility shall advertise or represent in any way that it provides occupational therapy services unless such services are provided under the administrative control of the health facility by an occupational therapist or occupational therapy assistant within the meaning of Section 2570 of the Business and Professions Code. (Added by Stats. 1977, Ch. 836.)
  33. 13210.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. )

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    This section defines “existing high-rise structure,” “high-rise structure,” and “new high-rise structure” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. ) ## 13210. As used in this chapter: (a) “Existing high-rise structure” means a high-rise structure, the construction of which is commenced or completed prior to July 1, 1974. (b) “High-rise structure” means every building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest floor level having building access, except buildings used as hospitals, as defined in Section 1250. (c) “New high-rise structure” means a high-rise structure, the construction of which is commenced on or after July 1, 1974. (Amended by Stats. 1974, Ch. 1246.)
  34. 13211.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. )

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    The State Fire Marshal must adopt fire and panic safety standards and other fire-prevention regulations for high-rise structures.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. ) ## 13211. The State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare and adopt building standards relating to fire and panic safety in high-rise structures and submit such building standards for approval and publication in the State Building Standards Code pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of this code. The State Fire Marshal shall prepare and adopt other regulations establishing minimum standards for the prevention of fire and for the protection of life and property against fire and panic in high-rise structures. Such regulations shall differentiate between existing high-rise structures and new high-rise structures. (Amended by Stats. 1979, Ch. 1152.)
  35. 13212.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. )

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    The State Fire Marshal must adopt regulations for new high-rise structures by July 1, 1974, and those regulations take effect on that date.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. ) ## 13212. Subject to the provisions of Sections 25 and 18943 of this code, regulations adopted by the State Fire Marshal pursuant to Section 13211 applicable to new high-rise structures shall be adopted on or before July 1, 1974, and shall become effective July 1, 1974. Such regulations may include, but not be limited to, requirements with respect to the following elements: (a) Automatic smoke and fire detection systems. (b) Automatic fire extinguishing systems. (c) An intrastructure communication system for those engaged in fire suppression activities. (Amended by Stats. 1979, Ch. 1152.)
  36. 13213.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. )

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    Existing high-rise structures must be brought into compliance by April 26, 1979, with a possible extension for good cause if an approved correction plan is submitted. A city-and-county residential exemption applies only if all listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. ) ## 13213. (a) Building standards and other regulations of the State Fire Marshal applicable to existing high-rise structures shall provide to the greatest feasible extent for the safety of occupants of the high-rise structure and persons involved in fire suppression activities. All existing high-rise structures shall be conformed to the requirements contained in such building standards and such other regulations on or before April 26, 1979. (b) The period for compliance with such requirements may be extended upon showing of good cause for such extension if a systematic and progressive plan of correction is submitted to, and approved by, the enforcing agency. Such extension shall not exceed two years from the date of approval of such plan. Any plan of correction submitted pursuant to this subdivision shall be submitted and approved on or before April 26, 1979. (c) This section shall not apply to structures located in a city and county if all of the following conditions exist: (1) The structure is used solely for residential purposes. (2) The structure contains 12 or fewer dwelling units. (3) Each dwelling unit in the structure is owner-occupied. (4) The structure is made of reinforced concrete. (5) Each dwelling unit in the structure has at least two exits, one of which may be an existing exterior fire escape. (Amended by Stats. 1980, Ch. 1378.)
  37. 13214.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. )

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    This section lets fire officials enter and inspect non-dwelling buildings or premises at a reasonable hour to enforce the chapter, and requires owners or operators to allow that access.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. ) ## 13214. The provisions of this chapter, building standards applicable to high-rise structures published in the State Building Standards Code relating to fire and panic safety, and the other regulations of the State Fire Marshal adopted pursuant to this chapter shall be enforced in the same manner as provided in Sections 13145 and 13146. The State Fire Marshal, his deputies, or his salaried assistants, the chief of any city or county fire department or district providing fire protection services, and their authorized representatives, may enter any building, premises, or portion thereof not used for dwelling purposes at any reasonable hour for the purpose of enforcing this chapter. The owner, lessee, manager, or operator of any such building or premises shall permit the State Fire Marshal, his deputies, his salaried assistants, or the chief or any city or county fire department or district providing fire protection services, or their authorized representatives, to enter and inspect the building or premises at the time and for the purpose stated in this chapter. (Amended by Stats. 1980, Ch. 118.)
  38. 13215.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. )

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    It is unlawful to construct or maintain a high-rise structure in violation of the chapter, fire/panic safety standards, or related regulations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. ) ## 13215. It is unlawful for any person to construct or maintain any highrise structure in violation of the provisions of this chapter, building standards published in the State Building Standards Code relating to fire or panic safety, or other regulations adopted pursuant to the provisions of this chapter. Any person who violates these provisions, standards, or regulations is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not to exceed six months in the county jail or by a fine not to exceed ten thousand dollars ($10,000), or both. A person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision, standard, or regulation within this section is continued or permitted to continue by that person after the person has been notified of the violation by the appropriate enforcing agency. In addition, any condition existing in violation of any provision, standard, or regulation within this section is a public nuisance and may be summarily abated. (Amended by Stats. 1981, Ch. 443.)
  39. 13216.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. )

    Verify source ↗

    A city or county governing body may impose stricter high-rise fire or panic safety restrictions than the state building standards or State Fire Marshal regulations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. ) ## 13216. The governing body of any city or county may impose greater restrictions with respect to high-rise structures than are imposed by the building standards published in the State Building Standards Code relating to fire or panic safety or the other regulations of the State Fire Marshal adopted pursuant to this chapter. (Amended by Stats. 1979, Ch. 1152.)
  40. 13217.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. )

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    Certain local fire departments or districts may inspect high-rise structures, and if they do or do not inspect, specific notice and reporting rules apply to the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. High Rise Structures [13210 - 13217] ( Chapter 3 added by Stats. 1973, Ch. 946. ) ## 13217. (a) A city, county, or city and county fire department or district providing fire protection services may annually inspect all highrise structures for compliance with building standards and other regulations of the State Fire Marshal. If a local agency elects to perform the inspection, the results of the inspection shall be submitted to the State Fire Marshal’s office in a form and manner approved by the State Fire Marshal no later than 30 days after the date of the inspection. If the local fire department or district providing fire protection services elects not to conduct an inspection, the local fire department or district shall notify, by June 30 of each year, the State Fire Marshal of this election. If the State Fire Marshal receives this notification, the State Fire Marshal shall conduct the inspection. (b) A local agency that, or the State Fire Marshal who, inspects a highrise structure pursuant to subdivision (a) may charge and collect a fee for the inspection from the owner of the highrise structure in an amount, as determined by the inspecting entity, sufficient to pay its costs of that inspection. (Amended by Stats. 2019, Ch. 31, Sec. 12. (SB 85) Effective June 27, 2019.)
  41. 1322.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    A contracting hospital may not make medical staff membership or clinical privileges depend on whether a physician or podiatrist participates in the related contract.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1322. A hospital which contracts with an insurer, nonprofit hospital service plan, or health care service plan shall not determine or condition medical staff membership or clinical privileges upon the basis of a physician and surgeon’s or podiatrist’s participation or nonparticipation in a contract with that insurer, hospital service plan, or health care service plan. (Amended by Stats. 1992, Ch. 981, Sec. 3. Effective January 1, 1993.)
  42. 13220.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Emergency Procedure Information [13220 - 13223] ( Heading of Chapter 4 amended by Stats. 1994, Ch. 1292, Sec. 1. )

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    Owners or operators of certain buildings must give entrants fire emergency procedures, with subdivision-specific posting or distribution rules. The State Fire Marshal also has responsibilities to adopt related regulations and a model brochure, and a limited immunity applies for good-faith translation or transcription errors.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Emergency Procedure Information [13220 - 13223] ( Heading of Chapter 4 amended by Stats. 1994, Ch. 1292, Sec. 1. ) ## 13220. The owner or operator of any of the following buildings shall provide to persons entering those buildings specific emergency procedures to be followed in the event of fire, including procedures for handicapped and nonambulatory persons: (a) In the case of privately owned highrise structures, as defined in Section 13210, and office buildings two stories or more in height, the emergency procedure information shall be made available in a conspicuous area of the structure that is easily accessible to all persons entering the structure, designated pursuant to regulations of the State Fire Marshal. (b) In the case of hotels and motels, as defined in subdivision (b) of Section 25503.16 of the Business and Professions Code, the emergency procedure information shall be posted in a conspicuous place in every room available for rental in the hotel or motel, or, at the option of the hotel or motel operator, it shall be provided through the use of brochures, pamphlets, video recordings, or other means, pursuant to regulations adopted by the State Fire Marshal. (c) In the case of apartment houses two stories or more in height that contain three or more dwelling units, and where the front door opens into an interior hallway or an interior lobby area, the emergency information shall be provided as follows: (1) Information for exiting the structure shall be posted on signs using international symbols at every stairway landing, at every elevator landing, at an intermediate point of any hallway exceeding 100 feet in length, at all hallway intersections, and immediately inside all public entrances to the building. (2) Information shall be provided to all tenants of record, through the use of brochures, pamphlets, or video recordings, if any of these items is available, or this requirement may be satisfied pursuant to regulations adopted by the State Fire Marshal. (3) If the owner or operator, or any individual acting on behalf of the owner or operator, of an apartment house, as described in this subdivision, negotiates a lease, sublease, rental contract, or other term of tenancy contract or agreement in any language other than English, the information required to be provided pursuant to paragraph (2) shall be provided in English, in international symbols, and in the four most common non-English languages spoken in California, as determined by the State Fire Marshal. (d) On or before July 1, 1996, the State Fire Marshal shall adopt, for use in apartment houses described in subdivision (c), a consumer-oriented model brochure or pamphlet that includes general emergency procedure information in English, in international symbols, and in the four most common non-English languages spoken in California, as determined by the State Fire Marshal. (e) An owner, agent, operator, translator, or transcriber who provides emergency procedure information pursuant to this section in good faith and without gross negligence shall be held harmless for any errors in the translation or transcription of that emergency information. This limited immunity shall apply only to errors in the translation or transcription and not to the providing of the information required to be provided pursuant to this section. (f) Unless expressly stated, nothing in this section shall be deemed to require an owner or operator of any of the buildings listed in this section to provide emergency procedure information in any language other than English, or through the use of international symbols. (Amended by Stats. 2009, Ch. 88, Sec. 63. (AB 176) Effective January 1, 2010.)
  43. 13221.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Emergency Procedure Information [13220 - 13223] ( Heading of Chapter 4 amended by Stats. 1994, Ch. 1292, Sec. 1. )

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    The State Fire Marshal must adopt regulations for providing emergency procedure information under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Emergency Procedure Information [13220 - 13223] ( Heading of Chapter 4 amended by Stats. 1994, Ch. 1292, Sec. 1. ) ## 13221. The State Fire Marshal shall adopt regulations for the furnishing of emergency procedure information according to this chapter. Those regulations may include the general contents of brochures, pamphlets, signs, or video recordings used in furnishing emergency procedure information, but shall provide for at least the following: (a) A reference to the posting of exit plans for the structure. (b) A general explanation of the operation of the fire alarm system of the structure. (c) Other fire emergency procedures. (Amended by Stats. 2010, Ch. 328, Sec. 128. (SB 1330) Effective January 1, 2011.)
  44. 13223.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Emergency Procedure Information [13220 - 13223] ( Heading of Chapter 4 amended by Stats. 1994, Ch. 1292, Sec. 1. )

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    A person who violates this chapter commits a misdemeanor and may be fined up to $10,000, jailed up to six months, or both.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Emergency Procedure Information [13220 - 13223] ( Heading of Chapter 4 amended by Stats. 1994, Ch. 1292, Sec. 1. ) ## 13223. Any person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction, shall be punished by a fine of not to exceed ten thousand dollars ($10,000) or imprisonment in the county jail not to exceed six months, or both. (Added by Stats. 1981, Ch. 557.)
  45. 1323.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    Health facilities and certain ancillary providers must disclose certain ownership interests in writing and tell patients or customers they may choose another provider; a health facility may not bill, solicit payment, or refer a patient first without that disclosure.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1323. (a) A health facility, as defined by subdivisions (c) to (g), inclusive, of Section 1250, which has a significant beneficial interest in an ancillary health service provider or which knows that an ancillary health service provider has a significant beneficial interest in the health facility shall disclose that interest in writing to the patients of the health facility, or their representatives, and advise the patients, or their representatives, that they may choose to have another ancillary health service provider provide any supplies or services ordered by a member of the medical staff of the health facility. (b) If supplies or services are provided on an outpatient basis by an ancillary health service provider which is not on the same site as, or which is not on a site which is adjacent to, a health facility, as defined by subdivision (a) or (b) of Section 1250, which has a significant beneficial interest in the ancillary health service provider, or if the ancillary health service provider has a significant beneficial interest in the health facility, the ancillary health service provider shall disclose that interest in writing to the customers of the ancillary health service provider, or their representatives, and advise the customers, or their representatives, that they may choose to have another ancillary health service provider provide any supplies or services ordered by a member of the medical staff of the health facility. (c) A health facility, as defined by Section 1250, shall not charge, bill, or otherwise solicit payment from a patient on behalf of, or refer a patient to, another health facility in which the health facility has a significant beneficial interest unless the health facility first discloses in writing to the patient, or his or her representative, that the patient may choose to have another health facility provide any supplies or services ordered by a member of the medical staff of the health facility. (d) (1) Except as provided in paragraph (2), “significant beneficial interest” means any financial interest that is equal to or greater than the lesser of the following: (A) Five percent of the whole. (B) Five thousand dollars ($5,000). (2) “Significant beneficial interest” does not include any of the following interests: (A) A lease agreement between a health facility, ancillary health service provider, another health facility, or a parent corporation of the health facility, or any combination thereof. (B) Any financial interest held by a health facility or ancillary health service provider in the stock of a publicly held health facility or ancillary health service provider, or any parent corporation of a health facility or ancillary health service provider, if that financial interest does not exceed 5 percent of any class of equity securities of the health facility, ancillary health service provider, or parent corporation. (C) An ownership interest in a health facility or ancillary health service provider if more than three-fourths of the patients of the health facility or ancillary health service provider are members of a prepaid group practice health care service plan, as defined by Section 1345. (e) (1) “Ancillary health service provider” includes, but is not limited to, providers of pharmaceutical, laboratory, optometry, prosthetic, or orthopedic supplies or services, suppliers of durable medical equipment, home-health service providers, and providers of mental health or substance abuse services. (2) As used in subdivision (b), “adjacent” means real property located within a 400-yard radius of the boundaries of the site on which the health facility is located. (f) Neither a health facility nor an ancillary health service provider is required to make any disclosures required by this section to any patients or customers, or their representatives, if the patients or customers are enrolled in organizations or entities which provide or arrange for the provision of health care services in exchange for a prepaid capitation payment or premium. (Added by Stats. 1985, Ch. 952, Sec. 1.)
  46. 1323.1.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. )

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    A general acute care hospital must tell patients when a scheduled service in a hospital-based outpatient clinic is also available at a non-hospital-based location.

    ## 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 7. Other Services [1315 - 1323.1] ( Article 7 added by Stats. 1973, Ch. 1202. ) ## 1323.1. (a) A general acute care hospital shall notify each patient scheduled for a service in a hospital-based outpatient clinic when that service is available in another location that is not hospital-based. The notification shall be in substantially the following form: The location where you are being scheduled to receive services is a hospital-based clinic, and, therefore, may have higher costs. The same service may be available at another location within our health system that is not hospital-based, which may cost less. Check with the [insert name of office] at [insert telephone number] for another location within our health system, or check with your health insurance company, for more information about other locations that may cost less. (b) For purposes of this section, a “hospital-based outpatient clinic” means a department of a provider, as defined in Section 413.65(a)(2) of Title 42 of the Code of Federal Regulations, that is not located on the campus of that provider. (c) This section shall not apply to a general acute care hospital operated by a nonprofit corporation under common control with a nonprofit health care service plan licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2) that exclusively contracts with no more than two medical groups in the state to provide and arrange for medical services for the enrollees of the health care service plan, so long as the cost-sharing design does not vary based on whether the care is provided in a hospital-based clinic or a medical office building. (Added by Stats. 2016, Ch. 501, Sec. 1. (SB 1365) Effective January 1, 2017.)
  47. 13230.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Building Certification [13230 - 13234] ( Chapter 5 added by Stats. 1981, Ch. 442. )

    Verify source ↗

    In this chapter, “high rise structure” means the same as in Section 13210.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Building Certification [13230 - 13234] ( Chapter 5 added by Stats. 1981, Ch. 442. ) ## 13230. As used in this chapter, “high rise structure” has the same meaning as defined in Section 13210. (Added by Stats. 1981, Ch. 442.)
  48. 13233.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Building Certification [13230 - 13234] ( Chapter 5 added by Stats. 1981, Ch. 442. )

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    Owners or operators of privately owned high-rise structures must annually certify that they requested a local fire enforcing agency inspection, and they must submit the certification by letter to the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Building Certification [13230 - 13234] ( Chapter 5 added by Stats. 1981, Ch. 442. ) ## 13233. The owner or operator of any privately owned high rise structure shall annually certify that he or she has requested the appropriate local fire enforcing agency to conduct an inspection of the building to determine its conformance with all applicable high rise structure fire safety standards. The certification shall be submitted by letter to the State Fire Marshal. (Added by Stats. 1981, Ch. 442.)
  49. 13234.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Building Certification [13230 - 13234] ( Chapter 5 added by Stats. 1981, Ch. 442. )

    Verify source ↗

    The State Fire Marshal may adopt regulations for certification under Section 13233, including the form and contents of letters certifying compliance with high-rise fire codes.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Building Certification [13230 - 13234] ( Chapter 5 added by Stats. 1981, Ch. 442. ) ## 13234. The State Fire Marshal may establish regulations for certification according to Section 13233, including the general form and contents of letters certifying conformance with high rise fire codes. (Amended by Stats. 1993, Ch. 178, Sec. 3. Effective January 1, 1994.)
  50. 1324.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. )

    Verify source ↗

    This section defines key terms for the intermediate care facilities quality assurance fees article.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. ) ## 1324. For purposes of this article, the following definitions shall apply: (a) (1) “Gross receipts” means gross receipts paid as compensation for services provided to residents of a designated intermediate care facility. (2) “Gross receipts” does not mean charitable contributions. (3) For state and local government owned facilities, “gross receipts” shall include any contributions from government sources or General Fund expenditures for the care of residents of a designated intermediate care facility. (b) “Eligible facility” means a designated intermediate care facility that has paid the fee as described in Section 1324.2, for a particular state fiscal year. (c) “Designated intermediate care facility” or “facility” means a facility as defined in subdivision (e), (g), or (h) of Section 1250. (Added by Stats. 2003, Ch. 230, Sec. 5. Effective August 11, 2003. Conditionally inoperative as provided in Section 1324.12.)
  51. 1324.10.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. )

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    An eligible facility is entitled to quarterly supplemental Medi-Cal reimbursement, with the amount set by the department.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. ) ## 1324.10. In addition to the rate of payment that an eligible facility would otherwise receive for intermediate care facility services provided to Medi-Cal beneficiaries, an eligible facility shall receive quarterly supplemental Medi-Cal reimbursement, in an amount determined by the department. The supplemental Medi-Cal reimbursement provided by this section shall be paid to support the facility’s quality improvement efforts and shall be distributed under a payment methodology based on intermediate care services provided to Medi-Cal patients at the eligible facility, either on a per diem basis, or on any other federally permissible basis. (Added by Stats. 2003, Ch. 230, Sec. 5. Effective August 11, 2003. Conditionally inoperative as provided in Section 1324.12.)
  52. 1324.12.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. )

    Verify source ↗

    The department must seek federal approval before this article is implemented, and the Director of Health Services may adjust the methodology if needed to meet federal law or obtain approval.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. ) ## 1324.12. (a) (1) The department shall seek approval from the federal Centers for Medicare and Medicaid Services for the implementation of this article. (2) If after seeking federal approval, federal approval is not obtained, this article shall not be implemented. (3) The Director of Health Services may alter the methodology specified in this article to the extent necessary to meet the requirements of federal law or regulations, or to obtain federal approval. (b) If there is a final judicial determination by any court of appellate jurisdiction or a final determination by the Administrator of the federal Center for Medicare and Medicaid Services that the supplemental reimbursement provided by this article shall be made to any facility not described in this article, this article shall immediately become inoperative. (Added by Stats. 2003, Ch. 230, Sec. 5. Effective August 11, 2003. Note: Implementation and termination provisions affect Article 7.5, comprising Sections 1324 to 1324.14.)
  53. 1324.14.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. )

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    The department may use the Medi-Cal fiscal intermediary, by change order, to administer this 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. ) ## 1324.14. In implementing this article, the department may utilize the services of the Medi-Cal fiscal intermediary through a change order to the fiscal intermediary contract to administer this program, consistent with the requirements of Sections 14104.6, 14104.7, 14104.8, and 14104.9 of the Welfare and Institutions Code. (Added by Stats. 2003, Ch. 230, Sec. 5. Effective August 11, 2003. Conditionally inoperative as provided in Section 1324.12.)
  54. 1324.2.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. )

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    A designated intermediate care facility must pay a quality assurance fee as a condition of Medi-Cal participation.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. ) ## 1324.2. (a) As a condition for participation in the Medi-Cal program, there shall be imposed each state fiscal year upon the entire gross receipts of a designated intermediate care facility a quality assurance fee, as calculated in accordance with subdivision (b). (b) The quality assurance fee to be paid pursuant to subdivision (c) of Section 1324.4 shall be an amount determined each quarter of the state fiscal year by multiplying the facility’s gross receipts in the preceding quarter by 6 percent. For reporting purposes, the quality assurance fee is considered to be on a cash basis of accounting. (Added by Stats. 2003, Ch. 230, Sec. 5. Effective August 11, 2003. Conditionally inoperative as provided in Section 1324.12.)
  55. 1324.20.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

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    This section defines key terms used for the skilled nursing facility quality assurance fee article and says the department must request federal approval to implement the revised net revenue definition.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.20. For purposes of this article, the following definitions shall apply: (a) (1) “Continuing care retirement community” means a provider of a continuum of services, including independent living services, assisted living services as defined in paragraph (5) of subdivision (a) of Section 1771, and skilled nursing care, on a single campus, that is subject to Section 1791, or a provider of such a continuum of services on a single campus that has not received a Letter of Exemption pursuant to subdivision (d) of Section 1771.3. (2) Notwithstanding paragraph (1), beginning with the 2010–11 rate year and for every rate or calendar year thereafter, the term “continuing care retirement community” shall have the same meaning as defined in paragraph (10) of subdivision (c) of Section 1771. (b) “Department,” unless otherwise specified, means the State Department of Health Care Services. (c) (1) “Exempt facility” means a skilled nursing facility that is part of a continuing care retirement community, a skilled nursing facility operated by the state or another public entity, a unit that provides pediatric subacute services in a skilled nursing facility, a skilled nursing facility that is certified by the department for a special treatment program and is an institution for mental disease as defined in Section 1396d(i) of Title 42 of the United States Code, or a skilled nursing facility that is a distinct part of a facility that is licensed as a general acute care hospital. (2) Notwithstanding paragraph (1), beginning with the 2010–11 rate year and for every rate or calendar year thereafter, the term “exempt facility” shall mean a skilled nursing facility that is part of a continuing care retirement community, as defined in paragraph (2) of subdivision (a), a skilled nursing facility operated by the state or another public entity, a unit that provides pediatric subacute services in a skilled nursing facility, a skilled nursing facility that is certified by the department for a special treatment program and is an institution for mental disease as defined in Section 1396d(i) of Title 42 of the United States Code, or a skilled nursing facility that is a distinct part of a facility that is licensed as a general acute care hospital. (3) Notwithstanding paragraph (1), beginning with the 2010–11 rate year and every rate or calendar year thereafter, a multilevel facility, as described in paragraph (1) of subdivision (a), shall not be exempt from the quality assurance fee requirements pursuant to this article, unless it meets the definition of a continuing care retirement community in paragraph (10) of subdivision (c) of Section 1771. (4) (A) Notwithstanding paragraph (1), beginning with the 2011–12 rate year, and every rate or calendar year thereafter, a unit that provides freestanding pediatric subacute care services in a skilled nursing facility, as described in paragraph (1), shall not be exempt from the quality assurance fee requirements pursuant to this article. (B) Notwithstanding paragraph (1) and subparagraph (A), for the rate period from August 1, 2020, to December 31, 2020, and every subsequent calendar year thereafter, a unit that provides freestanding pediatric subacute care services in a skilled nursing facility, as described in paragraph (1), shall be exempt from the quality assurance fee requirements pursuant to this article. (C) For the purposes of this article, “freestanding pediatric subacute care unit” has the same meaning as defined in subdivision (a) of Section 51215.8 of Title 22 of the California Code of Regulations. (d) (1) “Net revenue” means gross resident revenue for routine nursing services and ancillary services provided to all residents by a skilled nursing facility, less Medicare revenue for routine and ancillary services, including Medicare revenue for services provided to residents covered under a Medicare managed care plan, less payer discounts and applicable contractual allowances as permitted under federal law and regulation. (2) Notwithstanding paragraph (1), for the 2009–10, 2010–11, and 2011–12 rate years, and each rate or calendar year thereafter, “net revenue” means gross resident revenue for routine nursing services and ancillary services provided to all residents by a skilled nursing facility, including Medicare revenue for routine and ancillary services and Medicare revenue for services provided to residents covered under a Medicare managed care plan, less payer discounts and applicable contractual allowances as permitted under federal law and regulation. To implement this paragraph, the department shall request federal approval pursuant to Section 1324.27. (3) “Net revenue” does not mean charitable contributions and bad debt. (e) “Payer discounts and contractual allowances” means the difference between the facility’s resident charges for routine or ancillary services and the actual amount paid. (f) “Skilled nursing facility” means a licensed facility as defined in subdivision (c) of Section 1250. (Amended by Stats. 2020, Ch. 13, Sec. 1. (AB 81) Effective June 29, 2020. See operational conditions in Section 1324.28. Inoperative after December 31, 2027. Repealed as of January 1, 2029, pursuant to Section 1324.30.)
  56. 1324.21.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

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    Certain skilled nursing facilities must pay a yearly quality assurance fee per resident day, with special timing and rate rules for delayed implementation.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.21. (a) For facilities licensed under subdivision (c) of Section 1250, there shall be imposed each fiscal year a uniform quality assurance fee per resident day. The uniform quality assurance fee shall be based upon the entire net revenue of all skilled nursing facilities subject to the fee, except an exempt facility, as defined in Section 1324.20, calculated in accordance with subdivision (b). (b) The amount of the uniform quality assurance fee to be assessed per resident day shall be determined based on the aggregate net revenue of skilled nursing facilities subject to the fee, in accordance with the methodology outlined in the request for federal approval required by Section 1324.27 and in regulations, provider bulletins, or other similar instructions. The uniform quality assurance fee shall be calculated as follows: (1) (A) For the rate year 2004–05, the net revenue shall be projected for all skilled nursing facilities subject to the fee. The projection of net revenue shall be based on prior rate-year data. Once determined, the aggregate projected net revenue for all facilities shall be multiplied by 2.7 percent, as determined under the approved methodology, and then divided by the projected total resident days of all providers subject to the fee. (B) Notwithstanding subparagraph (A), the Director of Health Care Services may increase the amount of the fee up to 3 percent of the aggregate projected net revenue if necessary for the implementation of Article 3.8 (commencing with Section 14126) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code. (2) (A) For the rate year 2005–06 and subsequent rate years through and including the 2009–10 rate year, the net revenue shall be projected for all skilled nursing facilities subject to the uniform quality assurance fee. The projection of net revenue shall be based on the prior rate year’s data. Once determined, the aggregate projected net revenue for all facilities shall be multiplied by 6 percent, as determined under the approved methodology, and then divided by the projected total resident days of all providers subject to the fee. The amounts so determined shall be subject to the provisions of subdivision (d). (B) For the 2010–11 rate year and subsequent rate years, the net revenue shall be projected for all skilled nursing facilities subject to the uniform quality assurance fee. The projection of net revenue shall be based on the prior year’s data trended forward, using historical increases in net revenues. Once determined, the aggregate projected net revenue for all facilities shall be multiplied by 6 percent, as determined under the approved methodology, and then divided by the projected total resident days of all providers subject to the fee. The amounts so determined shall be subject to subdivision (d). (c) The director may assess and collect a nonuniform fee consistent with the methodology approved pursuant to Section 1324.27. (d) In no case shall the fees collected annually pursuant to this article, taken together with applicable licensing fees, exceed the amounts allowable under federal law. (e) If there is a delay in the implementation of this article for any reason, including a delay in the approval of the quality assurance fee and methodology by the federal Centers for Medicare and Medicaid Services, in the 2004–05 rate year or in any other rate year, all of the following shall apply: (1) Any facility subject to the fee may be assessed the amount the facility will be required to pay to the department, but shall not be required to pay the fee until the methodology is approved and Medi-Cal rates are increased in accordance with paragraph (2) of subdivision (a) of Section 1324.28 and the increased rates are paid to facilities. (2) The department may retroactively increase and make payment of rates to facilities. (3) Facilities that have been assessed a fee by the department shall pay the fee assessed within 60 days of the date rates are increased in accordance with paragraph (2) of subdivision (a) of Section 1324.28 and paid to facilities. (4) The department shall accept a facility’s payment notwithstanding that the payment is submitted in a subsequent fiscal year than the fiscal year in which the fee is assessed. (Amended by Stats. 2010, Ch. 717, Sec. 4. (SB 853) Effective October 19, 2010. See operational conditions in Section 1324.28. Inoperative after December 31, 2027. Repealed as of January 1, 2029, pursuant to Section 1324.30.)
  57. 1324.22.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

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    Skilled nursing facilities and related providers must pay and report the quality assurance fee, and the department may collect late amounts, interest, penalties, and related payments through deductions or legal action.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.22. (a) The quality assurance fee, as calculated pursuant to Section 1324.21, shall be paid by the provider to the department for deposit in the State Treasury on a monthly basis on or before the last day of the month following the month for which the fee is imposed, except as provided in subdivision (e) of Section 1324.21. (b) On or before the last day of each calendar month or quarter, as determined by the department, each skilled nursing facility shall file a report with the department, in a prescribed form, showing the facility’s total resident days for the preceding quarter and payments made. If it is determined that a lesser amount was paid to the department, the facility shall pay the amount owed in the preceding quarter to the department with the report. Any amount determined to have been paid in excess to the department during the previous quarter shall be credited to the amount owed in the following quarter. (c) On or before August 31 of each year, each skilled nursing facility subject to an assessment pursuant to Section 1324.21 shall report to the department, in a prescribed form, the facility’s total resident days and total payments made for the preceding state fiscal year. If it is determined that a lesser amount was paid to the department during the previous year, the facility shall pay the amount owed to the department with the report. (d) (1) A newly licensed skilled nursing facility shall complete all requirements of subdivision (a) for any portion of the year in which it commences operations and of subdivision (b) for any portion of the calendar month or quarter in which it commences operations. (2) For purposes of this subdivision, “newly licensed skilled nursing facility” means a location that has not been previously licensed as a skilled nursing facility. (e) (1) If a skilled nursing facility fails to pay all or part of the quality assurance fee within 60 days of the date that payment is due, the department shall assess interest at the rate of 7 percent per annum on any unpaid amount due, beginning on the 61st calendar day from the date the payment is due, until the unpaid amount due, plus any interest, is paid in full. (2) (A) When a skilled nursing facility fails to pay all or part of the quality assurance fee within 60 days of the date that payment is due, the department may deduct any unpaid assessment, including any interest and penalties owed, from any Medi-Cal payments to the facility until the full amount is recovered. Any deduction shall be made only after written notice to the facility and may be taken over a period of time taking into account the financial condition of the facility. (B) Notwithstanding any other law, for the rate period from August 1, 2020, to December 31, 2020, and every subsequent calendar year thereafter, the department may deduct any unpaid assessments, including any interest and penalties owed, attributable to a debtor facility from any Medi-Cal payments made to a related facility or entity by common ownership or control to the debtor facility within the meaning of Section 413.17(b) of Title 42 of the Code of Federal Regulations. If the department deducts any unpaid assessments from the Medi-Cal payments to a related facility or entity, the department shall provide prior written notice to both the debtor facility and the related facility or entity, and, in taking into account the financial condition of the related facility, may apply that deduction over a period of time. (3) In addition to the requirements specified in this subdivision and subdivision (h), any unpaid quality assurance fee, including any interest and penalties owed, assessed by this article shall constitute a debt due to the state and may be collected pursuant to Section 12419.5 of the Government Code. (4) In addition to the requirements specified in this subdivision and subdivision (h), the department may take appropriate legal action in state or federal court to recover the unpaid quality assurance fee amount, including any interest and penalties owed, from the licensee’s financial interest in the related party, as defined in subdivision (b) of Section 1424.3. Before taking any action pursuant to this paragraph, the department shall give written notice to the licensee and the related party. (f) (1) Notwithstanding any other law, the department shall continue to assess and collect the quality assurance fee, including any previously unpaid quality assurance fee, and any interest or penalties owed, from each skilled nursing facility, irrespective of any changes in ownership or ownership interest or control or the transfer of any portion of the assets of the facility to another owner. (2) Notwithstanding any other law, in the event of a merger, acquisition, or change of ownership involving a skilled nursing facility that has outstanding quality assurance fee payment obligations pursuant to this article, including any interest and penalty amounts owed, the successor skilled nursing facility shall be responsible for paying to the department the full amount of outstanding quality assurance fee payments, including any interest and penalties, attributable to the skilled nursing facility for which it was assessed, upon the effective date of that transaction. An entity considering a merger, acquisition, or similar transaction involving a skilled nursing facility may submit a request to the department pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code to ascertain the outstanding quality assurance fee payment obligations of the skilled nursing facility pursuant to this article as of the date of the department’s response to that request. (g) During the time period in which a temporary manager is appointed to a facility pursuant to Section 1325.5 or during which a receiver is appointed by a court pursuant to Section 1327, the State Department of Public Health shall not be responsible for any unpaid quality assurance fee assessed before the time period of the temporary manager or receiver. This subdivision shall not affect the responsibility of the facility to make all payments of unpaid or current quality assurance fees, including any interest and penalty amounts, as required by this section and Section 1324.21. (h) If all or any part of the quality assurance fee remains unpaid, the department may take any or all of the following actions against the debtor facility, in addition to assessing interest pursuant to paragraph (1) of subdivision (e): (1) Assess a penalty of up to 50 percent of the total unpaid fee amounts, and any interest assessed pursuant to paragraph (1) of subdivision (e) in each applicable rate or calendar year. (2) Recommend to the State Department of Public Health that license or Medi-Cal certification renewal or approval of a change of ownership application be delayed until the full amount of the quality assurance fee, penalties, and interest is recovered. (3) (A) In the event of a merger, acquisition, or change of ownership involving a skilled nursing facility as described in paragraph (2) of subdivision (f), the department may delay approval of a new Medi-Cal provider agreement or a transfer of an existing Medi-Cal provider agreement to a successor skilled nursing facility until the full amount of the quality assurance fees, penalties, and interest owed by the successor or previous facility owner is recovered in full, or until the successor skilled nursing facility has entered into an alternative payment agreement with the department for the outstanding quality assurance fees, penalties, and interest owed that takes into account the financial situation of the facility and the potential impact on delivery of services to Medi-Cal beneficiaries. (B) In addition to subparagraph (A), as a condition of approving a new Medi-Cal provider agreement or a transfer of an existing Medi-Cal provider agreement to a successor skilled nursing facility, the department may require either or both of the following: (i) The successor skilled nursing facility to enter into an agreement with the department to be financially responsible to the department for the outstanding quality assurance fees, penalties, and interest owed by the previous facility owner. (ii) The successor facility owner to enter into an agreement with the department to pay outstanding quality assurance fees, penalties, and interest owed by the successor facility owner on an alternative payment schedule developed by the department that takes into account the financial situation of the facility and the potential impact on delivery of services to Medi-Cal beneficiaries. (i) In accordance with the Medicaid State Plan, the payment of the quality assurance fee shall be considered as an allowable cost for Medi-Cal reimbursement purposes. (j) The assessment process pursuant to this section shall become operative not later than 60 days from receipt of federal approval of the quality assurance fee, unless extended by the department. The department may assess fees and collect payment in accordance with subdivision (e) of Section 1324.21 to provide retroactive payments for any rate increase authorized under this article. (k) The amendments made to subdivision (d) and the addition of subdivision (f) by the act that added this subdivision are not substantive changes, but are merely clarifying existing law. (l) (1) Notwithstanding any other law, for the 2011–12 rate year, the department may waive the actions provided under subdivision (h), or may allow a freestanding pediatric subacute care facility to delay payments for up to six months, to ensure the facility has the financial stability required to pay the fee. (2) For the purposes of this article, “freestanding pediatric subacute care facility” has the same meaning as defined in Section 51215.8 of Title 22 of the California Code of Regulations. (m) (1) Subject to paragraph (2), the department may waive a portion or all of either the interest or penalties, or both, assessed under this article with respect to a petitioning skilled nursing facility if the department determines, in its sole discretion, that the facility has demonstrated that imposing the full amount of fees under this article has a high likelihood of creating an undue financial hardship for the facility or creates a significant financial difficulty in providing services to Medi-Cal beneficiaries. A waiver pursuant to this subdivision may include, but need not be limited to, interest or penalties, or both, that accrue or are assessed with respect to a facility during the time period for which a change of ownership is pending, or for which a change of ownership is being contemplated, as determined by the department in its sole discretion. (2) The department’s waiver of some or all of the interest or penalties shall be conditioned on the skilled nursing facility’s agreement to pay outstanding fee amounts on an alternative schedule developed by the department that takes into account the financial situation of the facility and the potential impact on delivery of services to Medi-Cal beneficiaries. (3) The department shall post on its internet website a list of all skilled nursing facilities that received a waiver for payment of interest or penalties, including the amount of interest or penalty that was waived. (Amended by Stats. 2022, Ch. 28, Sec. 81. (SB 1380) Effective January 1, 2023. See operational conditions in Section 1324.28. Inoperative after December 31, 2027. Repealed as of January 1, 2029, pursuant to Section 1324.30.)
  58. 1324.23.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

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    The Director of Health Care Services, or a designee, must administer this article, and the director may use provider bulletins or similar instructions instead of taking regulatory action.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.23. (a) The Director of Health Care Services, or their designee, shall administer this article. (b) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director may implement and administer this article, in whole or in part, by means of provider bulletins or other similar instructions, without taking regulatory action. The department shall make use of appropriate processes to ensure that affected stakeholders are timely informed of, and have access to, applicable guidance issued pursuant to this authority in a timely manner, and that this guidance remains publicly available while this article remains operative. (Amended by Stats. 2020, Ch. 13, Sec. 3. (AB 81) Effective June 29, 2020. See operational conditions in Section 1324.28. Inoperative after December 31, 2027. Repealed as of January 1, 2029, pursuant to Section 1324.30.)
  59. 1324.24.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

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    This section directs where quality assurance fees collected under the article must be deposited.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.24. (a) The quality assurance fee assessed and collected pursuant to this article shall be deposited in the State Treasury. (b) Notwithstanding subdivision (a), commencing August 1, 2013, the quality assurance fees, including any associated interest or penalties, assessed and collected pursuant to this article shall be deposited in the Long-Term Care Quality Assurance Fund established pursuant to Section 1324.9. (Amended by Stats. 2020, Ch. 13, Sec. 4. (AB 81) Effective June 29, 2020. See operational conditions in Section 1324.28. Inoperative after December 31, 2027. Repealed as of January 1, 2029, pursuant to Section 1324.30.)
  60. 1324.25.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

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    Funds assessed under this article are to be used to support Medi-Cal funding and additional reimbursement or quality-improvement efforts for licensed skilled nursing facilities.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.25. The funds assessed pursuant to this article shall be available to enhance federal financial participation in the Medi-Cal program or to provide additional reimbursement to, and to support facility quality improvement efforts in, licensed skilled nursing facilities. (Added by Stats. 2004, Ch. 875, Sec. 1. Effective September 29, 2004. See operational conditions in Section 1324.28. Inoperative after December 31, 2027. Repealed as of January 1, 2029, pursuant to Section 1324.30.)
  61. 1324.26.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

    Verify source ↗

    The department may use the Medi-Cal fiscal intermediary, by change order, to administer this program, if it follows the cited Welfare and Institutions Code requirements.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.26. In implementing this article, the department may utilize the services of the Medi-Cal fiscal intermediary through a change order to the fiscal intermediary contract to administer this program, consistent with the requirements of Sections 14104.6, 14104.7, 14104.8, and 14104.9 of the Welfare and Institutions Code. (Added by Stats. 2004, Ch. 875, Sec. 1. Effective September 29, 2004. See operational conditions in Section 1324.28. Inoperative after December 31, 2027. Repealed as of January 1, 2029, pursuant to Section 1324.30.)
  62. 1324.27.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

    Verify source ↗

    The department must seek needed federal approvals, make fee adjustments so the annual quality assurance fee stays within a 6% cap, and may change article provisions if needed for federal law or approval.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.27. (a) In implementing this article, the department shall seek any federal approvals it deems necessary. This article shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available and is not otherwise jeopardized. (b) The department shall make retrospective adjustments, as necessary, to the amounts calculated pursuant to Section 1324.21 in order to assure that the aggregate quality assurance fee for any particular state fiscal or calendar year does not exceed 6 percent of the aggregate annual net revenue of facilities subject to the fee. (c) (1) The department may modify any methodology or other provision specified in this article to the extent it deems necessary to meet the requirements of federal law or regulations, to obtain or maintain federal approval, or to ensure federal financial participation is available or is not otherwise jeopardized, provided the modification does not violate the spirit, purposes, and intent of this article. (2) If the department determines that a modification is necessary pursuant to paragraph (1), the department shall consult with affected providers and stakeholders to the extent practicable. (3) If a modification is made pursuant to this subdivision, the department shall notify affected providers, the Joint Legislative Budget Committee, and the relevant policy and fiscal committees of the Legislature within 10 business days of that modification. (Amended by Stats. 2020, Ch. 13, Sec. 5. (AB 81) Effective June 29, 2020. See operational conditions in Section 1324.28. Inoperative after December 31, 2027. Repealed as of January 1, 2029, pursuant to Section 1324.30.)
  63. 1324.28.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

    Verify source ↗

    This section operates only while several stated federal approval, funding, and reimbursement conditions are met; it becomes inoperative if specified judicial or federal determinations are made.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.28. (a) This article shall be implemented as long as both of the following conditions are met: (1) The state receives federal approval of the quality assurance fee from the federal Centers for Medicare and Medicaid Services. (2) Legislation is enacted in the 2004 legislative session making an appropriation from the General Fund and from the Federal Trust Fund to fund a rate increase for skilled nursing facilities, as defined under subdivision (c) of Section 1250, for the 2004–05 rate year in an amount consistent with the Medi-Cal rates that specific facilities would have received under the rate methodology in effect as of July 31, 2004, plus the proportional costs as projected by Medi-Cal for new state or federal mandates. (b) This article shall remain operative only as long as all of the following conditions are met: (1) The federal Centers for Medicare and Medicaid Services continues to allow the use of the provider assessment provided in this article. (2) The Medi-Cal Long-Term Care Reimbursement Act, Article 3.8 (commencing with Section 14126) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, as added during the 2003–04 Regular Session by the act adding this section, is enacted and implemented on or before July 31, 2005, or as extended as provided in that article, and remains in effect thereafter. (3) The state has continued its maintenance of effort for the level of state funding of nursing facility reimbursement for the 2005–06 rate year, and for every subsequent rate year continuing through the 2011–12 rate year, in an amount not less than the amount that specific facilities would have received under the rate methodology in effect on July 31, 2004, plus Medi-Cal’s projected proportional costs for new state or federal mandates, not including the quality assurance fee. (4) The full amount of the quality assurance fee assessed and collected pursuant to this article remains available for the purposes specified in Section 1324.25 and for related purposes. (c) If all of the conditions in subdivision (a) are met, this article is implemented, and subsequently, any one of the conditions in subdivision (b) is not met, on and after the date that the department makes that determination, this article shall not be implemented, notwithstanding that the condition or conditions subsequently may be met. (d) Notwithstanding subdivisions (a), (b), and (c), in the event of a final judicial determination made by any state or federal court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in any action by any party, or a final determination by the administrator of the federal Centers for Medicare and Medicaid Services, that federal financial participation is not available with respect to any payment made under the methodology implemented pursuant to this article because the methodology is invalid, unlawful, or contrary to any provision of federal law or regulations, or of state law, this section shall become inoperative. (Amended by Stats. 2010, Ch. 717, Sec. 8. (SB 853) Effective October 19, 2010. Conditionally inoperative as provided in subd. (d). Inoperative after December 31, 2027. Repealed as of January 1, 2029, pursuant to Section 1324.30. Note: Operational conditions in subds. (a), (b), and (c) apply to Article 7.6, commencing with Section 1324.20.)
  64. 1324.29.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

    Verify source ↗

    The quality assurance fee stops being assessed after December 31, 2027, but the department must keep collecting unpaid fees, penalties, and interest until everything is paid or recovered, and the section then repeals itself.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.29. (a) The quality assurance fee shall cease to be assessed after December 31, 2027. (b) Notwithstanding subdivision (a) and Section 1324.30, the department’s authority and obligation to collect all quality assurance fees and penalties, including interest, shall continue in effect and shall not cease until the date that all amounts are paid or recovered in full. (c) This section shall remain operative until the date that all fees and penalties, including interest, have been recovered pursuant to subdivision (b), and as of that date is repealed. (Amended by Stats. 2026, Ch. 61, Sec. 1. (SB 165) Effective July 6, 2026. See operational conditions in Section 1324.28. Repealed as of date prescribed by its own provisions.)
  65. 1324.30.

    ## 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. )

    Verify source ↗

    This article becomes inoperative after December 31, 2027, with limited department authority to finish closeout work and keep implementing it for earlier rate periods; it is repealed as of January 1, 2029 unless later legislation changes those 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 7.6. Skilled Nursing Facility Quality Assurance Fee [1324.20 - 1324.30] ( Article 7.6 added by Stats. 2004, Ch. 875, Sec. 1. ) ## 1324.30. This article shall become inoperative after December 31, 2027, except that the department shall be authorized to conduct all necessary closeout activities after this date and to continue implementing this article for any rate period before December 31, 2027, and as of January 1, 2029, this article is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2026, Ch. 61, Sec. 2. (SB 165) Effective July 6, 2026. Repealed as of January 1, 2029, by its own provisions. Note: Termination clause affects Article 7.6, commencing with Section 1324.20 (except Section 1324.29).)
  66. 1324.4.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. )

    Verify source ↗

    Designated intermediate care facilities must file regular gross-receipts reports and pay the quality assurance fee on time; new facilities get a limited exemption from the annual report requirement.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. ) ## 1324.4. (a) On or before August 31 of each year, each designated intermediate care facility subject to Section 1324.2 shall report to the department, in a prescribed form, the facility’s gross receipts for the preceding state fiscal year. (b) On or before the last day of each calendar quarter, each designated intermediate care facility shall file a report with the department, in a prescribed form, showing the facility’s gross receipts for the preceding quarter. (c) A newly licensed care facility, as defined by the department, shall be exempt from the requirements of subdivision (a) for its year of operation, but shall complete all requirements of subdivision (b) for any portion of the quarter in which it commences operations. (d) The quality assurance fee, as calculated pursuant to subdivision (b) of Section 1324.2, shall be paid to the department on or before the last day of the quarter following the quarter for which the fee is imposed. (e) The payment of the quality assurance fee a designated intermediate care facility shall be reported as an allowable cost for Medi-Cal reimbursement purposes. (f) The department shall make retrospective adjustments, as necessary, to the amounts calculated pursuant to subdivision (b) of Section 1324.2 in order to assure that the facility’s aggregate quality assurance fee for any particular state fiscal year does not exceed 6 percent of the facility’s aggregate annual gross receipts for that year. (Added by Stats. 2003, Ch. 230, Sec. 5. Effective August 11, 2003. Conditionally inoperative as provided in Section 1324.12.)
  67. 1324.6.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. )

    Verify source ↗

    The Director of Health Services, or a designee, must administer this article, and the director may adopt or implement regulations and instructions to carry it out.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. ) ## 1324.6. (a) The Director of Health Services, or his or her designee, shall administer this article. (b) The director may adopt regulations as are necessary to implement this article. These regulations may be adopted as emergency regulations in accordance with 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). For purposes of this article, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. The regulations shall include, but not be limited to, any regulations necessary for either of the following purposes: (1) The administration of this article, including the proper imposition and collection of the quality assurance fee. (2) The development of any forms necessary to obtain required information from facilities subject to the quality assurance fee. (c) As an alternative to subdivision (b), and notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director may implement this article by means of a provider bulletin, or other similar instructions, without taking regulatory action. (Added by Stats. 2003, Ch. 230, Sec. 5. Effective August 11, 2003. Conditionally inoperative as provided in Section 1324.12.)
  68. 1324.8.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. )

    Verify source ↗

    The quality assurance fee is deposited in the General Fund, except that starting August 1, 2013 it is deposited in the Long-Term Care Quality Assurance Fund.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. ) ## 1324.8. (a) The quality assurance fee assessed and collected pursuant to this article shall be deposited in the General Fund. (b) Notwithstanding subdivision (a), commencing August 1, 2013, the quality assurance fee assessed and collected pursuant to this article shall be deposited in the Long-Term Care Quality Assurance Fund established pursuant to Section 1324.9. (Amended by Stats. 2012, Ch. 23, Sec. 15. (AB 1467) Effective June 27, 2012. Section conditionally inoperative as provided in Section 1324.12.)
  69. 1324.9.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. )

    Verify source ↗

    This section creates the Long-Term Care Quality Assurance Fund, directs certain fee revenues into it, and allows the Controller to use the fund for cashflow loans to the General Fund.

    ## 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 7.5. Intermediate Care Facilities’ Quality Assurance Fees [1324 - 1324.14] ( Article 7.5 added by Stats. 2003, Ch. 230, Sec. 5. ) ## 1324.9. (a) The Long-Term Care Quality Assurance Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated, without regard to fiscal year, to the State Department of Health Care Services for the purposes of this article and Article 7.6 (commencing with Section 1324.20). Notwithstanding Section 16305.7 of the Government Code, the fund shall contain all interest and dividends earned on moneys in the fund. (b) Notwithstanding any other law, beginning August 1, 2013, all revenues received by the State Department of Health Care Services categorized by the State Department of Health Care Services as long-term care quality assurance fees shall be deposited into the Long-Term Care Quality Assurance Fund. Revenue that shall be deposited into this fund shall include quality assurance fees imposed pursuant to this article and quality assurance fees imposed pursuant to Article 7.6 (commencing with Section 1324.20). (c) Notwithstanding any other law, the Controller may use the funds in the Long-Term Care Quality Assurance Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (Amended by Stats. 2016, Ch. 30, Sec. 3. (SB 833) Effective June 27, 2016. Conditionally inoperative as provided in Section 1324.12.)
  70. 13240.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Propane Storage and Handling Safety Act.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13240. This chapter shall be known, and may be cited, as the Propane Storage and Handling Safety Act. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  71. 13240.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. )

    Verify source ↗

    This section defines “propane storage system” and “odorized propane” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13240.1. For the purposes of this chapter, the following terms have the following meanings: (a) “Propane storage system” or “system” means any tank or collection of tanks or other vessels that are intended or used for the commercial purpose of storing more than 18,000 gallons of propane. (b) “Odorized propane” means propane to which ethyl mercaptan or any other odorizing substance is added. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  72. 13241.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. )

    Verify source ↗

    Before January 1, 1996, the State Fire Marshal and the Occupational Safety and Health Standards Board must, after public hearings, adopt the 1992 NFPA 58 standard by reference.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13241. Prior to January 1, 1996, the State Fire Marshal in conjunction with the Occupational Safety and Health Standards Board shall, after public hearings, adopt by reference the 1992 edition of the NFPA 58 Standard for the Storage and Handling of Liquified Petroleum Gasses, or as this 1992 edition may be subsequently amended or supplemented. It is the intent of the Legislature that the NFPA 58 Standard supersede any inconsistent state standards, including, but not limited to, Sections 470 to 494, inclusive, of Chapter 4 of Title 8 of the California Code of Regulations, except where Sections 470 to 494, inclusive, of Chapter 4 of Title 8 of the California Code of Regulations contain a more stringent safety standard than that contained in the NFPA 58 Standard. Nothing in this section prohibits the board from adopting more stringent standards than those contained in the NFPA 58 Standard. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  73. 13242.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. )

    Verify source ↗

    The State Fire Marshal must inspect certain propane storage systems, adopt safety and training regulations, issue operator certificates, and work with another agency to report findings to the Legislature.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13242. The State Fire Marshal, in cooperation with the Department of Industrial Relations as appropriate, shall do all of the following: (a) Prior to January 1, 1997, inspect and certify the safety of all propane storage systems existing on January 1, 1995. (b) Adopt regulations setting forth safety standards for the siting and construction of fixed propane storage systems. These standards shall be prepared, adopted, and submitted for approval as building standards pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13. (c) Adopt propane storage system fire safety compliance requirements setting forth propane fire safety handling standards relating to propane storage systems. (d) Adopt regulations setting forth minimum training and other qualifications for personnel handling propane storage systems, including, but not limited to, continuing education requirements. (e) Issue operator certificates to persons that comply with minimum training and other qualifications for personnel handling propane storage systems. (f) Adopt standards setting forth minimum training and other qualifications for firefighting personnel responding to a fire involving a propane storage system. (g) Upon completion of inspection of propane storage systems as required by subdivision (b), the Division of Occupational Safety and Health and the State Fire Marshal shall report to the Legislature on the condition of propane storage systems statewide. The report shall include identification and location of the propane storage systems inspected; identification of fire safety violations, if any, at each system inspected, and a determination of whether the fire safety violation was significant or minor. The report shall also include what remedial actions were taken, or were proposed to be taken, to correct the violations, and whether the propane storage system is in compliance with current fire safety requirements. The Division of Occupational Safety and Health and the State Fire Marshal shall also recommend in the report, after consulting with representatives of the propane industry, any corrective or remedial legislation necessary to ensure future compliance with fire safety requirements, including, but not limited to, future fire safety inspection requirements, including the recommended frequency of these inspections. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  74. 13243.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. )

    Verify source ↗

    The Department of Industrial Relations must develop a propane storage system inspection training curriculum and certification program by January 1, 1996.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13243. The Department of Industrial Relations shall on or before January 1, 1996, develop a propane storage system inspection training curriculum and certification program for inspectors who are authorized to inspect propane storage system pressure vessels. The training curriculum shall include, but is not limited to, training and enforcement procedures for the NFPA 58 Standard, Article 82 of the Uniform Fire Code Standards, and the propane storage system fire safety compliance requirements adopted pursuant to subdivision (d) of Section 13242. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  75. 13243.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. )

    Verify source ↗

    Federal Clean Air Act requirements adopted as provisions override this section.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13243.3. Any requirements adopted as provisions of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) shall supersede this measure. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  76. 13243.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. )

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    State agencies or departments must fund costs incurred under this article from existing resources if those costs are not covered by fees under Section 13244.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 1. General and Definitions [13240 - 13243.6] ( Article 1 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13243.6. Any costs incurred by state agencies or departments pursuant to this article, that are not funded through fees pursuant to Section 13244.5, shall be funded from existing resources. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  77. 13244.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 2. Liability Insurance Coverage [13244 - 13244.2] ( Article 2 added by Stats. 1994, Ch. 1293, Sec. 1. )

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    Certain propane and energy-product sellers must carry at least $500,000 in liability insurance, with stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 2. Liability Insurance Coverage [13244 - 13244.2] ( Article 2 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13244. (a) All of the following persons or entities shall carry liability insurance set forth in subdivision (b): (1) Any person or entity that owns or operates a business engaged in whole or in part, in the wholesale or retail sale of any energy product, liquid or vapor, which is transported or dispensed. (2) Any person or entity engaged in the wholesale or retail sale of propane, if the activities are subject to Part 387 of Title 49 of the Code of Federal Regulations and if the activities are within the scope of the National Fire Protection Association (NFPA) Standard 58, “Standard for the Storage and Handling of Liquefied Petroleum Gases.” (3) Any person or entity engaged in the wholesale or retail sale of any energy product, liquid or vapor, which is transported or dispensed, if required by law to obtain any California hazardous materials permit based upon that activity. (b) Persons or entities set forth in subdivision (a) shall carry liability insurance for any liability arising from that activity in an amount of no less than five hundred thousand dollars ($500,000). (c) The liability insurance requirement of this section is a minimum and does not control over other provisions of law, if any, that may require a greater insurance coverage. (d) The liability insurance requirement of this section does not apply to any of the following: (1) An operation for the exchange of propane cylinders. (2) The retail sale of propane in small propane canisters of 20 pounds or less. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  78. 13244.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 2. Liability Insurance Coverage [13244 - 13244.2] ( Article 2 added by Stats. 1994, Ch. 1293, Sec. 1. )

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    Certain businesses may form one or more insurance risk pools to buy insurance.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 2. Liability Insurance Coverage [13244 - 13244.2] ( Article 2 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13244.1. Notwithstanding any provision of law, any person or entity that owns or operates a business engaged, in whole or in part, in the wholesale or retail sale of any energy product, liquid or vapor, which is transported or dispensed, may combine to form an insurance risk pool, or pools, for the purpose of purchasing insurance in compliance with this article. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  79. 13244.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 2. Liability Insurance Coverage [13244 - 13244.2] ( Article 2 added by Stats. 1994, Ch. 1293, Sec. 1. )

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

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 2. Liability Insurance Coverage [13244 - 13244.2] ( Article 2 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13244.2. 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 which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  80. 13244.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 3. Fees [13244.5- 13244.5.] ( Article 3 added by Stats. 1994, Ch. 1293, Sec. 1. )

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    The State Fire Marshal, working with local fire departments, must set a fee for propane storage systems, capped at $250 per system.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Propane Storage and Handling [13240 - 13244.5] ( Chapter 6 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## ARTICLE 3. Fees [13244.5- 13244.5.] ( Article 3 added by Stats. 1994, Ch. 1293, Sec. 1. ) ## 13244.5. The State Fire Marshal, in conjunction with local fire departments, shall determine a fee, not to exceed two hundred fifty dollars ($250) per propane storage system, to pay for the cost of the inspection and regulation of propane storage systems required by this chapter. The fees shall not exceed the cost of this inspection and regulation. (Added by Stats. 1994, Ch. 1293, Sec. 1. Effective January 1, 1995.)
  81. 1325.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    The State Department of Health Services may seek a court-appointed receiver to temporarily operate a long-term health care facility, and the receiver must manage the facility and ensure orderly patient transfer if it closes.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1325. The Legislature finds and declares that the transfer trauma which accompanies the abrupt and involuntary transfer of patients from one nursing home to another should be avoided when reasonable alternatives exist. It is the intent of the Legislature in enacting this article to provide an alternative by establishing a system whereby the State Department of Health Services may apply for a court order appointing a receiver to temporarily operate a long-term health care facility. The receivership is not intended to punish a licensee or to replace attempts to secure cooperative action to protect the patients’ health and security. The receivership is intended to protect the patients in the absence of other reasonably available alternatives. The receiver may be appointed when a long-term health care facility is found to be in such condition that continued operation by the licensee, or his or her representative, presents a substantial probability or imminent danger of serious physical harm or death to the patients. The receiver shall assume the operation of such a facility in order to either bring it into compliance with law and return it to the original licensee in accordance with standards set forth in this article, or facilitate a transfer of ownership to a new licensee. The receiver shall assure the orderly transfer of patients should the facility ultimately close. (Amended by Stats. 1990, Ch. 1385, Sec. 1. Effective September 28, 1990.)
  82. 1325.5.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    This section lets the state department appoint a temporary manager for certain long-term health care facilities, and gives that manager authority to run the facility to address deficiencies and protect residents.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1325.5. (a) It is the intent of the Legislature in enacting this section to empower the state department to take quick, effective action to protect the health and safety of residents of long-term health care facilities and to minimize the effects of transfer trauma that accompany the abrupt transfer of elderly and disabled residents. (b) For purposes of this section, “temporary manager” means the person, corporation, or other entity, appointed temporarily by the state department as a substitute facility manager or administrator with authority to hire, terminate, or reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facility’s operation. (c) The director may appoint a temporary manager when any of the following circumstances exist: (1) The residents of the long-term health care facility are in immediate danger of death or permanent injury by virtue of the failure of the facility to comply with federal or state requirements applicable to the operation of the facility. (2) As a result of the change in the status of the license or operation of a long-term health care facility, the facility is required to comply with Section 1336.2, the facility fails to comply with Section 1336.2, and the state department has determined that the facility is unwilling or unable to meet the requirements of Section 1336.2. (d) Upon appointment, the temporary manager shall take all necessary steps and make best efforts to eliminate immediate danger of death or permanent injury to residents or complete transfer of residents to alternative placements pursuant to Section 1336.2. (e) (1) The appointment of a temporary manager shall become effective immediately and shall continue until any of the following events occurs: (A) The temporary manager notifies the department, and the department verifies, that the facility meets state and, if applicable, federal standards for operation, and will be able to continue to maintain compliance with those standards after the termination of temporary management. (B) A receiver is appointed under this article. (C) The department approves a new management company. (D) A new operator is licensed. (E) The state department closes the facility, through an orderly transfer of the residents. (F) A hearing or court order ends the temporary manager appointment. (G) The appointment is terminated by the department or the temporary manager. (2) The appointment of a temporary manager shall authorize the temporary manager to act pursuant to this section. The appointment shall be made pursuant to an agreement between the temporary manager and the state department that outlines the circumstances under which the temporary manager may expend funds. The temporary manager shall make no long-term capital investments to the facility without the permission of the state department. The state department shall provide the licensee and administrator with a statement of allegations at the time of appointment. Within 48 hours, the department shall provide the licensee and the administrator with a formal statement of cause and concerns. The statement of cause and concerns shall specify the factual and legal basis for the imposition of the temporary manager and shall be supported by the declaration of the director or the director’s authorized designee. The statement of cause and concerns shall notify the licensee of the licensee’s right to petition the Office of Administrative Hearings for a hearing to contest the appointment of the temporary manager and shall provide the licensee with a form and appropriate information for the licensee’s use in requesting a hearing. (f) (1) The licensee of a long-term health care facility may contest the appointment of the temporary manager by filing a petition for an order to terminate the appointment of the temporary manager with the Office of Administrative Hearings, within 60 days from the date of mailing of the statement of cause and concerns. On the same day as the petition is filed with the Office of Administrative Hearings, the licensee shall deliver a copy of the petition to the office of the director. (2) Upon receipt of a petition of hearing, the Office of Administrative Hearings shall set a hearing date and time within five business days of the receipt of the petition. The office shall promptly notify the licensee and the state department of the date, time, and place of the hearing. The office shall assign the case to an administrative law judge. At the hearing, relevant evidence may be presented pursuant to Section 11513 of the Government Code. The administrative law judge shall issue a written decision on the petition within five business days of the conclusion of the hearing. The five-day time periods for holding the hearing and rendering a decision may be extended by the agreement of the parties. (3) The administrative law judge shall uphold the appointment of the temporary manager if the state department proves, by a preponderance of the evidence, that the circumstances specified in subdivision (c) applied to the facility at the time of the appointment. The administrative law judge shall order the termination of the temporary manager if the burden of proof is not satisfied. (g) The decision of the administrative law judge is subject to judicial review as provided in Section 1094.5 of the Code of Civil Procedure by the superior court sitting in the county where the facility is located. This review may be requested by the licensee of the facility or the state department by filing a petition seeking relief from the order. The petition may also request the issuance of temporary injunctive relief pending the decision on the petition. The superior court shall hold a hearing within five business days of the filing of the petition and shall issue a decision on the petition within five days of the hearing. The state department may be represented by legal counsel within the state department for purposes of court proceedings authorized under this section. (h) If the licensee of the long-term health care facility does not protest the appointment, it shall continue in accordance with subdivision (e). (i) (1) If the licensee of the long-term health care facility petitions the Office of Administrative Hearings pursuant to subdivision (f), the appointment of the temporary manager by the director pursuant to this section shall continue until it is terminated by the administrative law judge or by the superior court, or it shall continue for 30 days from the date the administrative law judge or the superior court upholds the appointment of the temporary manager, whichever is earlier. (2) At any time during the appointment of the temporary manager, the director may request an extension of the appointment by filing a petition for hearing with the Office of Administrative Hearings and serving a copy of the petition on the licensee. The office shall proceed as specified in paragraph (2) of subdivision (f). The administrative law judge may extend the appointment of the temporary manager as follows: (A) Upon a showing by the state department that the conditions specified in subdivision (c) continue to exist, an additional 60 days. (B) Upon a finding that the state department is seeking a receiver, until the state department has secured the services of a receiver pursuant to this article. (3) The licensee or the state department may request review of the administrative law judge’s decision on the extension as provided in subdivision (g). (j) The temporary manager appointed pursuant to this section shall meet the following qualifications: (1) Be qualified to oversee correction of deficiencies on the basis of experience and education. (2) Not have been found guilty of misconduct by any licensing board. (3) Have no financial ownership interest in the facility and have no member of their immediate family who has a financial ownership interest in the facility. (4) Not currently serve, or within the past two years have served, as a member of the staff of the facility. (5) Be acceptable to the facility. (k) Payment of the temporary manager’s salary or fee shall comply with the following requirements: (1) Shall be paid directly by the facility while the temporary manager is assigned to that facility. (2) Shall be equivalent to the sum of the following: (A) The prevailing salary or fee paid by licensees for positions of the same type in the facility’s geographic area. (B) Additional costs that reasonably would have been incurred by the licensee if the licensee had been in an employment relationship. (C) Any other reasonable costs incurred by the appointed temporary manager in furnishing services pursuant to this section. (3) May exceed the amount specified in paragraph (2) if the department is otherwise unable to attract a qualified temporary manager. (l) (1) The state department may use funds from the Health Facilities Citation Penalties Account, pursuant to Section 1417.2, to operate the facility after all other facility revenues are exhausted. (2) Funds used pursuant to this subdivision shall constitute a debt due to the state and may be collected pursuant to appropriate legal action taken by the department to collect the debt from the licensee, including from the licensee’s financial interest in related parties described in subdivision (a) of Section 1424.3. Beginning January 1, 2023, the department shall give written notice to related parties that it may take action to collect the licensee’s debt as described in this paragraph. If the department determines, after two notifications, that the related parties are not financially viable or recovery is unlikely, the department shall document this determination. The documentation shall include the names of the related parties notified, detailed information on the methods used by the department to make the determination, and a clear justification for the department’s determination. The documentation of the department’s determination and supporting explanation shall be available to the public by request, unless the records are not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), in which case the department shall provide the reason for not disclosing the records. (m) The state department shall adopt regulations for the administration of this section on or before December 31, 2001. (Amended by Stats. 2022, Ch. 28, Sec. 82. (SB 1380) Effective January 1, 2023.)
  83. 13250.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Civil Actions to Abate Fire Hazards [13250 - 13253] ( Heading of Chapter 7 renumbered from Chapter 4 (as added by Stats. 1981, Ch. 345) by Stats. 1983, Ch. 101, Sec. 116. )

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    If the State Fire Marshal thinks someone is violating fire-protection rules, the district attorney or Attorney General may ask the superior court to stop the conduct or require compliance.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Civil Actions to Abate Fire Hazards [13250 - 13253] ( Heading of Chapter 7 renumbered from Chapter 4 (as added by Stats. 1981, Ch. 345) by Stats. 1983, Ch. 101, Sec. 116. ) ## 13250. Whenever, in the judgment of the State Fire Marshal, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this part, or any rule, regulation, or order issued thereunder, at the request of the State Fire Marshal, the district attorney of the county in which such acts or practices occur or will occur or the Attorney General may make application to the superior court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the State Fire Marshal that such person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. (Added by Stats. 1981, Ch. 345.)
  84. 13251.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Civil Actions to Abate Fire Hazards [13250 - 13253] ( Heading of Chapter 7 renumbered from Chapter 4 (as added by Stats. 1981, Ch. 345) by Stats. 1983, Ch. 101, Sec. 116. )

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    Civil actions under this chapter, when requested by the State Fire Marshal, must be brought by the district attorney or Attorney General in the name of the people of California.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Civil Actions to Abate Fire Hazards [13250 - 13253] ( Heading of Chapter 7 renumbered from Chapter 4 (as added by Stats. 1981, Ch. 345) by Stats. 1983, Ch. 101, Sec. 116. ) ## 13251. Every civil action brought under the provisions of this chapter at the request of the State Fire Marshal shall be brought by the district attorney or Attorney General in the name of the people of the State of California and any such actions relating to fire protection may be joined or consolidated. (Added by Stats. 1981, Ch. 345.)
  85. 13252.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Civil Actions to Abate Fire Hazards [13250 - 13253] ( Heading of Chapter 7 renumbered from Chapter 4 (as added by Stats. 1981, Ch. 345) by Stats. 1983, Ch. 101, Sec. 116. )

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    Civil actions under this chapter must be brought in the county where the action occurs.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Civil Actions to Abate Fire Hazards [13250 - 13253] ( Heading of Chapter 7 renumbered from Chapter 4 (as added by Stats. 1981, Ch. 345) by Stats. 1983, Ch. 101, Sec. 116. ) ## 13252. Any civil action brought pursuant to this chapter shall be brought in the county in which the action occurs. (Added by Stats. 1981, Ch. 345.)
  86. 13253.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Civil Actions to Abate Fire Hazards [13250 - 13253] ( Heading of Chapter 7 renumbered from Chapter 4 (as added by Stats. 1981, Ch. 345) by Stats. 1983, Ch. 101, Sec. 116. )

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    In certain civil actions under this chapter, a court may issue a temporary restraining order, preliminary injunction, or permanent injunction without proof that irreparable harm will occur or that legal remedies are inadequate.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Civil Actions to Abate Fire Hazards [13250 - 13253] ( Heading of Chapter 7 renumbered from Chapter 4 (as added by Stats. 1981, Ch. 345) by Stats. 1983, Ch. 101, Sec. 116. ) ## 13253. In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued; or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without such allegations and without such proof. (Added by Stats. 1981, Ch. 345.)
  87. 1326.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    This section defines “long-term health care facility” for this article.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1326. As used in this article, “long-term health care facility” means any skilled nursing facility, intermediate care facility, intermediate care facility/developmentally disabled, intermediate care facility/developmentally disabled habilitative, intermediate care facility/developmentally disabled-nursing, intermediate care facility/developmentally disabled-continuous nursing, or congregate living health facility licensed pursuant to this chapter. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 5, Sec. 7. Effective July 28, 2009.)
  88. 13260.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Carbon Monoxide Poisoning Prevention Act of 2010 [13260 - 13263] ( Chapter 8 added by Stats. 2010, Ch. 19, Sec. 3. )

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    This chapter may be cited as the Carbon Monoxide Poisoning Prevention Act of 2010.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Carbon Monoxide Poisoning Prevention Act of 2010 [13260 - 13263] ( Chapter 8 added by Stats. 2010, Ch. 19, Sec. 3. ) ## 13260. This chapter shall be known and may be cited as the Carbon Monoxide Poisoning Prevention Act of 2010. (Added by Stats. 2010, Ch. 19, Sec. 3. (SB 183) Effective January 1, 2011.)
  89. 13261.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Carbon Monoxide Poisoning Prevention Act of 2010 [13260 - 13263] ( Chapter 8 added by Stats. 2010, Ch. 19, Sec. 3. )

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    This section states legislative findings about the dangers of carbon monoxide and says California’s homeowners’ guide should be updated to include carbon monoxide information when next updated and resources allow.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Carbon Monoxide Poisoning Prevention Act of 2010 [13260 - 13263] ( Chapter 8 added by Stats. 2010, Ch. 19, Sec. 3. ) ## 13261. The Legislature finds and declares all of the following: (a) According to the American Medical Association, carbon monoxide is the leading cause of accidental poisoning deaths in the United States. The federal Centers for Disease Control and Prevention estimate that carbon monoxide kills approximately 500 people each year and injures another 20,000 people nationwide. (b) According to the United States Environmental Protection Agency, a person cannot see or smell carbon monoxide. At high levels carbon monoxide can kill a person in minutes. Carbon monoxide is produced whenever any fuel, such as gas, oil, kerosene, wood, or charcoal, is burned. (c) The State Air Resources Board estimates that every year carbon monoxide accounts for between 30 and 40 avoidable deaths, possibly thousands of avoidable illnesses, and between 175 and 700 avoidable emergency room and hospital visits. (d) There are well-documented chronic health effects of acute carbon monoxide poisoning or prolonged exposure to carbon monoxide, including, but not limited to, lethargy, headaches, concentration problems, amnesia, psychosis, Parkinson’s disease, memory impairment, and personality alterations. (e) Experts estimate that equipping every home with a carbon monoxide device would cut accident-related costs by 93 percent. Eighteen states and a number of large cities have laws mandating the use of carbon monoxide devices. (f) Carbon monoxide devices provide a vital, highly effective, and low-cost protection against carbon monoxide poisoning and these devices should be made available to every home in California. (g) The Homeowners’ Guide to Environmental Hazards prepared pursuant to Section 10084.1 of the Business and Professions Code is an important educational tool and should include information regarding carbon monoxide. It is the intent of the Legislature that when the booklet is next updated as existing resources permit, or as private resources are made available, it be updated to include a section on carbon monoxide. (Amended by Stats. 2023, Ch. 420, Sec. 2. (AB 225) Effective January 1, 2024.)
  90. 13262.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Carbon Monoxide Poisoning Prevention Act of 2010 [13260 - 13263] ( Chapter 8 added by Stats. 2010, Ch. 19, Sec. 3. )

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    This section defines key terms for the carbon monoxide device chapter.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Carbon Monoxide Poisoning Prevention Act of 2010 [13260 - 13263] ( Chapter 8 added by Stats. 2010, Ch. 19, Sec. 3. ) ## 13262. For purposes of this chapter, the following definitions shall apply: (a) “Carbon monoxide device” means a device that meets all of the following requirements: (1) A device designed to detect carbon monoxide and produce a distinct, audible alarm. (2) A device that is battery powered, a plug-in device with battery backup, or a device installed as recommended by Standard 720 of the National Fire Protection Association that is either wired into the alternating current power line of the dwelling unit with a secondary battery backup or connected to a system via a panel. (3) If the device is combined with a smoke detector, the combined device shall comply with all of the following: (A) The standards that apply to carbon monoxide alarms as described in this chapter. (B) The standards that apply to smoke detectors, as described in Section 13113.7. (C) The combined device emits an alarm or voice warning in a manner that clearly differentiates between a carbon monoxide alarm warning and a smoke detector warning. (4) The device has been tested and certified, pursuant to the requirements of the American National Standards Institute (ANSI) and Underwriters Laboratories Inc. (UL) as set forth in either ANSI/UL 2034 or ANSI/UL 2075, or successor standards, by a nationally recognized testing laboratory listed in the directory of approved testing laboratories established by the Building Materials Listing Program of the Fire Engineering Division of the Office of the State Fire Marshal of the Department of Forestry and Fire Protection. (b) “Dwelling unit intended for human occupancy” means a single-family dwelling, factory-built home as defined in Section 19971, duplex, lodging house, dormitory, hotel, motel, condominium, stock cooperative, time-share project, or dwelling unit in a multiple-unit dwelling unit building or buildings. “Dwelling unit intended for human occupancy” does not mean a property owned or leased by the state, the Regents of the University of California, or a local governmental agency. (c) “Fossil fuel” means coal, kerosene, oil, wood, fuel gases, and other petroleum or hydrocarbon products, which emit carbon monoxide as a byproduct of combustion. (Added by Stats. 2010, Ch. 19, Sec. 3. (SB 183) Effective January 1, 2011.)
  91. 13263.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Carbon Monoxide Poisoning Prevention Act of 2010 [13260 - 13263] ( Chapter 8 added by Stats. 2010, Ch. 19, Sec. 3. )

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    The State Fire Marshal must create a process to certify and list carbon monoxide devices, review their instructions, and ensure they match applicable building standards; people may not market or sell these devices in the state unless the device and instructions are approved and listed.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Carbon Monoxide Poisoning Prevention Act of 2010 [13260 - 13263] ( Chapter 8 added by Stats. 2010, Ch. 19, Sec. 3. ) ## 13263. (a) (1) The State Fire Marshal shall develop a certification and decertification process to approve and list carbon monoxide devices and to disapprove and delist previously approved devices, if necessary. The certification and decertification process shall include consideration of effectiveness and reliability of the devices, including, but not limited to, their propensity to record false alarms. The certification and decertification process shall include a review of the manufacturer’s instructions and shall ensure their consistency with building standards applicable to new construction for the relevant type of occupancy with respect to number and placement. (2) The State Fire Marshal shall charge an appropriate fee to the manufacturer of a carbon monoxide device to cover his or her costs associated with the approval and listing of carbon monoxide devices. (b) A person shall not market, distribute, offer for sale, or sell any carbon monoxide device in this state unless the device and the instructions have been approved and listed by the State Fire Marshal. (Added by Stats. 2010, Ch. 19, Sec. 3. (SB 183) Effective January 1, 2011.)
  92. 1327.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    This section lets the director ask a court to appoint a receiver to run a long-term health care facility when serious patient harm, major violations, habitual violations, or an unsafe closing risk is present.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1327. (a) Whenever circumstances exist indicating that continued management of a long-term health care facility by the current licensee would present a substantial probability or imminent danger of serious physical harm or death to the patients, or there exists in the facility a condition in substantial violation of this chapter or the rules and regulations adopted pursuant to this chapter, or the facility exhibits a pattern or practice of habitual violation of this chapter or the rules and regulations adopted pursuant thereto, or the facility is closing or intends to terminate operation as a licensed long-term health care facility and adequate arrangements for relocation of residents have not been made at least 30 days prior to the closing or termination, the director may petition the superior court for the county in which the long-term health care facility is located for an order appointing a receiver to temporarily operate the long-term health care facility in accordance with this article. The petition shall allege the facts upon which the action is based and shall be supported by an affidavit of the director. A copy of the petition and affidavits, together with an order to appear and show cause why temporary authority to operate the long-term health care facility should not be vested in a receiver pursuant to this article, shall be delivered to the licensee, administrator, or a responsible person at the facility to the attention of the licensee and administrator. The order shall specify a hearing date, which shall be not less than five, nor more than 10, days following delivery of the petition and order upon the licensee, except that the court may shorten or lengthen the time upon a showing of just cause. (b) If the director files a petition pursuant to subdivision (a) for appointment of a receiver to operate a long-term health care facility, in accordance with Section 564 of the Code of Civil Procedure, the director may also petition the court, in accordance with Section 527 of the Code of Civil Procedure, for an order appointing a temporary receiver. A temporary receiver appointed by the court pursuant to this subdivision shall serve until the court has made a final determination on the petition for appointment of a receiver filed pursuant to subdivision (a). A receiver appointed pursuant to this subdivision shall have the same powers and duties as a receiver would have if appointed pursuant to subdivision (a). At the time of the hearing, the state department shall advise the licensee of the name of the proposed receiver. The receiver shall be a licensed nursing home administrator or other responsible person or entity, as determined by the court, from a list of qualified receivers established by the state department, with input from providers of long-term care and consumer representatives. The department shall consult with the Board of Nursing Home Administrators, in order to screen potential receivers who are licensed by the board, and to determine if they are administrators in good standing. Persons appearing on the list shall have experience in the delivery of health care services, and, if feasible, shall have experience with the operation of a long-term health care facility. The receivers shall have sufficient background and experience in management and finances to ensure compliance with orders issued by the court. The owner, licensee, or administrator shall not be appointed as the receiver unless authorized by the court. If at the conclusion of the hearing, which may include oral testimony and cross-examination at the option of any party, the court determines that adequate grounds exist for the appointment of a receiver and that there is no other reasonably available remedy to protect the patients, the court may issue an order appointing a receiver to temporarily operate the long-term health care facility and enjoining the licensee from interfering with the receiver in the conduct of his or her duties. The court shall in any such proceedings make written findings of fact and conclusions of law, and shall require an appropriate bond to be filed by the receiver and paid for by the licensee. The bond shall be in an amount necessary to protect the licensee in the event of any failure on the part of the receiver to act in a reasonable manner. The bond requirement may be waived by the licensee. The court may permit the licensee to participate in the continued operation of the facility during the pendency of any receivership ordered pursuant to this section and shall issue an order detailing the nature and scope of participation. Failure of the licensee to appear at the hearing on the petition shall constitute an admission of all factual allegations contained in the petition for purposes of these proceedings only. The licensee shall receive notice and a copy of the application each time the receiver applies to the court or the state department for instructions regarding his or her duties under the provisions of this article, when an accounting pursuant to Section 1330 is submitted, and when a report pursuant to Section 1332 or other report is submitted. The licensee shall have an opportunity to present objections or otherwise participate in any such proceeding. (c) (1) The director may petition the superior court pursuant to this section for the county in which any health facility, as defined in subdivision (e), (g), or (h) of Section 1250, providing long-term care for persons with developmental disabilities is located, for an order appointing a temporary receiver to operate the facility for a maximum of 120 days in accordance with this article. (2) The state department may provide onsite technical assistance to the receiver appointed pursuant to this subdivision, if requested by the receiver, to continue operation of the facility. The technical assistance may include, but need not be limited to, technical assistance regarding any of the following: (A) Staff training and personnel management. (B) Rate adjustment applications and appeals. (C) Administrative practices and procedures. (D) Fiscal management. (E) Licensing regulations and review procedures. (3) The state department shall notify the State Department of Developmental Services and the appropriate regional center, or centers, of the receivership action. (4) When the director has determined that the facility specified in paragraph (1) presents a risk of abruptly closing, but the director determines that the situation does not require the filing of a petition with the court for an order appointing a receiver, the director may provide onsite technical assistance as specified in paragraph (2) to the operator of the facility if the operator requests the assistance. (Amended by Stats. 1994, Ch. 1275, Sec. 56. Effective January 1, 1995.)
  93. 1327.1.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    The state department must investigate certain complaints within 30 days and document the investigation result in the facility file.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1327.1. The state department shall investigate within 30 days of receipt of a complaint alleging that circumstances permitting a petition for receivership under Section 1327 exist in a long-term health care facility. The result of the investigation shall be documented by the state department in the facility file. (Added by Stats. 1990, Ch. 940, Sec. 2.)
  94. 1327.2.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    If the state department proceeds with a receivership petition, it must hold an informational meeting in the affected community.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1327.2. In the event that the state department proceeds with a receivership petition, the state department shall hold an informational meeting in the affected community for residents, family members, and interested parties. (Added by Stats. 1990, Ch. 940, Sec. 3.)
  95. 1327.3.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    The state department may list certain consortium receivers, and the court may approve shared receivership arrangements, if the stated conditions are met.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1327.3. Subdivision (b) of Section 1327 shall not be construed to prohibit the state department from including on its list of qualified receivers a consortium of community agencies that includes one or more licensed nursing home administrators, as long as the consortium is established as a legal entity. The court may approve receivership arrangements where more than one individual shares receivership duties, as long as one licensed nursing home administrator or other responsible person or entity is the legally appointed receiver. (Added by Stats. 1990, Ch. 940, Sec. 4.)
  96. 1327.5.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    No person may impede the operation of a receivership created under Section 1327, and a 60-day automatic stay applies after a receiver is appointed.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1327.5. No person shall impede the operation of a receivership created under Section 1327. There shall be an automatic stay for a 60-day period subsequent to the appointment of a receiver, of any action that would interfere with the functioning of the facility, including, but not limited to, cancellation of insurance policies executed by the licensees, termination of utility services, attachments or set-offs of resident trust funds and working capital accounts and repossession of equipment in the facility. (Added by Stats. 1987, Ch. 666, Sec. 1.5.)
  97. 1328.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    This section limits who can be held liable for damages during a receivership of a long-term health care facility.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1328. (a) Notwithstanding any other provision of law, the receiver shall be liable only for damages resulting from gross negligence in the operation of the facility or intentional tortious acts. (b) Notwithstanding any other provision of law, the State of California shall be liable only for damages resulting from negligence of the receiver in the operation of the facility. (c) The licensee shall not be liable for any occurrences during the receivership except to the extent that the occurrences are the result of the licensee’s conduct. (Added by Stats. 1982, Ch. 1456, Sec. 2.)
  98. 1329.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    When a receiver is appointed, the receiver controls the facility under court order and must operate it safely, manage revenue and resident property, and keep receipts and a special account.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1329. (a) When a receiver is appointed, the licensee may, at the discretion of the court, be divested of possession and control of the facility in favor of the receiver. The receiver appointed pursuant to this article: (1) May exercise those powers and shall perform those duties ordered by the court, in addition to other duties provided by statute. (2) Shall operate the facility in a manner which assures safety and adequate health care for the residents. (3) Shall have the same rights to possession of the building in which the facility is located, and of all goods and fixtures in the building at the time the petition for receivership is filed, as the licensee and administrator would have had if the receiver had not been appointed. (4) May use the funds, building, fixtures, furnishings, and any accompanying consumable goods in the provision of care and services to residents and to any other persons receiving services from the facility at the time the petition for receivership was filed. (5) Shall take title to all revenue coming to the facility in the name of the receiver who shall use it for the following purposes in descending order of priority: (A) To pay wages to staff. The receiver shall have full power to hire, direct, manage, and discharge employees of the facility, subject to any contractual rights they may have. The receiver shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the licensee. (B) To preserve patient funds. The receiver shall be entitled to, and shall take, possession of all property or assets of residents which are in the possession of the licensee or operator of the facility. The receiver shall preserve all property, assets, and records of residents of which the receiver takes possession. (C) To contract for outside services as may be needed for the operation of the long-term health care facility. Any contract for outside services in excess of three thousand dollars ($3,000) shall be approved by the court. (D) To pay commercial creditors of the long-term health care facility. Except as provided in Section 1329.5, the receiver shall honor all leases, mortgages, and secured transactions affecting the building in which the facility is located and all goods and fixtures in the building of which the receiver has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of receivership, or which, in the case of a purchase agreement, come due during the period of receivership. (E) To receive a salary, as approved by the court. (F) To do all things necessary and proper to maintain and operate the facility in accordance with sound fiscal policies. The receiver shall take action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession and may use such assets or property only in the performance of the powers and duties set out in this section and by order of the court. (G) To ask the court for direction in the treatment of debts incurred prior to the appointment, where the licensee’s debts appear extraordinary, of questionable validity, or unrelated to the normal and expected maintenance and operation of the facility, or where payment of the debts will interfere with the purposes of receivership. (b) A person who is served with notice of an order of the court appointing a receiver and of the receiver’s name and address shall be liable to pay the receiver, rather than the licensee, for any goods or services provided by the long-term health care facility after the date of the order. The receiver shall give a receipt for each payment and shall keep a copy of each receipt on file. The receiver shall deposit amounts received in a special account and shall use this account for all disbursements. Payment to the receiver pursuant to this subdivision shall discharge the obligation to the extent of the payment and shall not thereafter be the basis of a claim by the licensee or any other person. A resident may not be discharged nor may any contract or rights be forfeited or impaired, nor may any forfeiture be effected or liability increased, by reason of an omission to pay the licensee, operator, or other person a sum paid to the receiver pursuant to this subdivision. (c) Nothing contained in this section shall be construed to suspend, during the temporary management by the receiver, any obligation of the licensee for payment of local, state, or federal taxes. No licensee may be held liable for acts or omissions of the receiver during the term of the temporary management. (d) Upon petition of the receiver, the court may order immediate payment to the receiver for past services which have been rendered and billed, and the court may also order a sum not to exceed one month’s advance payment to the receiver of any sums that will become payable under the Medi-Cal program. (Amended by Stats. 1990, Ch. 1385, Sec. 3. Effective September 28, 1990.)
  99. 1329.5.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    A receiver can refuse certain facility-related leases, mortgages, or secured transactions if the court finds they were collusive, fraudulent, or unrelated to the facility’s operation.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1329.5. (a) A receiver may not be required to honor any lease, mortgage, or secured transaction entered into by the licensee of the facility and another party if the court finds that the agreement between the parties was entered into for a collusive, fraudulent purpose or that the agreement is unrelated to the operation of the facility. Any lease, mortgage, or secured transaction or any agreement unrelated to the operation of the facility which the receiver is permitted to dishonor pursuant to this subdivision shall only be subject to nonpayment by the receiver for the duration of the receivership, and the dishonoring of the lease, mortgage, security interest, or other agreement, to this extent, by the receiver shall not relieve the owner or operator of the facility from any liability for the full amount due under the lease, mortgage, security interest, or other agreement. (b) If the receiver is in possession of real estate or goods subject to a lease, mortgage, or security interest which the receiver is permitted to avoid pursuant to subdivision (a), and if the real estate or goods are necessary for the continued operation of the facility, the receiver may apply to the court to set a reasonable rent, price, or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on this application within 15 days. The receiver shall send notice of the application to any known owner of the property involved at least 10 days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or possession of the goods or real estate, subject to the lease or mortgage, which is brought by any person who received the notice required by this subdivision. However, payment by the receiver of the amount determined by the court to be reasonable shall not relieve the owner or operator of the facility from any liability for the difference between the amount paid by the receiver and the amount due under the original lease, mortgage, or security interest. (Amended by Stats. 1987, Ch. 1425, Sec. 3.)
  100. 1330.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    The receiver must give the state department a monthly accounting, return any remaining income after expenses to the licensee, and provide a copy of the accounting to the licensee. The licensee or owner may ask the court to review whether certain expenditures were reasonable.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1330. A monthly accounting shall be made by the receiver to the state department of all moneys received and expended by the receiver on or before the 15th day of the following month or as ordered by the court, and the remainder of income over expenses for such month shall be returned to the licensee. A copy of the accounting shall be provided to the licensee. The licensee or owner of the long-term health care facility may petition the court for a determination as to the reasonableness of any expenditure made pursuant to paragraph (5) of subdivision (a) of Section 1329. (Added by Stats. 1982, Ch. 1456, Sec. 2.)
  101. 1331.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    This section lets a court manage a receivership for a long-term health care facility, including setting and extending the receiver’s term, requiring reports, and ordering license action or a transfer plan if the facility cannot meet state standards.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1331. (a) The receiver shall be appointed for an initial period of not more than six months. The initial six-month period may be extended for additional periods not exceeding six months, as determined by the court pursuant to this section. At the end of four months, the receiver shall report to the court on its assessment of the probability that the long-term health care facility will meet state standards for operation by the end of the initial six-month period and will continue to maintain compliance with those standards after termination of the receiver’s management. If it appears that the facility cannot be brought into compliance with state standards within the initial six-month period, the court shall take appropriate action as follows: (1) Extend the receiver’s management for an additional six months if there is a substantial likelihood that the facility will meet state standards within that period and will maintain compliance with the standards after termination of the receiver’s management. The receiver shall report to the court in writing upon the facility’s progress at the end of six weeks of any extension ordered pursuant to this paragraph. (2) Order the director to revoke or temporarily suspend, or both, the license pursuant to Section 1296 and extend the receiver’s management for the period necessary to transfer patients in accordance with the transfer plan, but for not more than six months from the date of initial appointment of a receiver, or 14 days, whichever is greater. An extension of an additional six months may be granted if deemed necessary by the court. (b) If it appears at the end of six weeks of an extension ordered pursuant to paragraph (1) of subdivision (a) that the facility cannot be brought into compliance with state standards for operation or that it will not maintain compliance with those standards after the receiver’s management is terminated, the court shall take appropriate action as specified in paragraph (2) of subdivision (a). (c) In evaluating the probability that a long-term health care facility will maintain compliance with state standards of operation after the termination of receiver management ordered by the court, the court shall consider at least the following factors: (1) The duration, frequency, and severity of past violations in the facility. (2) History of compliance in other long-term health care facilities operated by the proposed licensee. (3) Efforts by the licensee to prevent and correct past violations. (4) The financial ability of the licensee to operate in compliance with state standards. (5) The recommendations and reports of the receiver. (d) Management of a long-term health care facility operated by a receiver pursuant to this article shall not be returned to the licensee, to any person related to the licensee, or to any person who served as a member of the facility’s staff or who was employed by the licensee prior to the appointment of the receiver unless both of the following conditions are met: (1) The department believes that it would be in the best interests of the residents of the facility, requests that the court return the operation of the facility to the former licensee, and provides clear and convincing evidence to the court that it is in the best interests of the facility’s residents to take that action. (2) The court finds that the licensee has fully cooperated with the department in the appointment and ongoing activities of a receiver appointed pursuant to this section, and, if applicable, any temporary manager appointed pursuant to Section 1325.5. (e) The owner of the facility may at any time sell, lease, or close the facility, subject to the following provisions: (1) If the owner closes the facility, or the sale or lease results in the closure of the facility, the court shall determine if a transfer plan is necessary. If the court so determines, the court shall adopt and implement a transfer plan of not more than 30 days. (2) If the licensee proposes to sell or lease the facility and the facility will continue to operate as a long-term health care facility, the court and the state department shall reevaluate any proposed transfer plan. If the court and the state department determine that the sale or lease of the facility will result in compliance with licensing standards, the transfer plan and the receivership shall, subject to those conditions that the court may impose and enforce, be terminated upon the effective date of the sale or lease. (Amended by Stats. 2001, Ch. 685, Sec. 8. Effective January 1, 2002.)
  102. 1332.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    The court sets the receiver’s salary, and the salary is paid from the facility’s revenue or, if that is insufficient, from the General Fund.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1332. The salary of the receiver shall be set by the court commensurate with long-term health care facility industry standards, giving due consideration to the difficulty of the duties undertaken, and shall be paid from the revenue coming to the facility. If the revenue is insufficient to pay the salary in addition to other expenses of the operating facility, the receiver’s salary shall be paid from the General Fund. (Amended by Stats. 1987, Ch. 666, Sec. 4.)
  103. 1333.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    If state funds are advanced for a receiver’s salary or related receivership expenses, the state must be reimbursed from the facility’s, licensee’s, or related entity’s revenues, and any reimbursement must be redeposited. If revenues are not enough, the unpaid amount becomes a lien on the facility’s assets or sale proceeds, but not on a lessor’s interests unless the lessor operates the facility.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1333. (a) To the extent state funds are advanced for the salary of the receiver or for other expenses in connection with the receivership, as limited by subdivision (d) of Section 1329, the state shall be reimbursed from the revenues accruing to the facility or to the licensee or an entity related to the licensee. Any reimbursement received by the state shall be redeposited in the account from which the state funds were advanced. If the revenues are insufficient to reimburse the state, the unreimbursed amount shall constitute a lien upon the assets of the facility or the proceeds from the sale thereof. The lien shall not attach to the interests of a lessor, unless the lessor is operating the facility. (b) For purposes of this section, “entity related to the licensee” means an entity, other than a natural person, of which the licensee is a subsidiary or an entity in which any person who was obligated to disclose information under Section 1267.5 possesses an interest that would also require disclosure pursuant to Section 1267.5. (Amended by Stats. 2000, Ch. 451, Sec. 12. Effective January 1, 2001.)
  104. 1334.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    The owner of a long-term health care facility keeps the right to dispose of property interests in the facility, and the court’s power to appoint a receiver or order other lawful remedies is not limited by this article.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1334. (a) Nothing in this article shall impair the right of the owner of a long-term health care facility to dispose of his or her property interests in the facility, but any facility operated by a receiver pursuant to this article shall remain subject to such administration until terminated by the court. The termination shall be promptly effectuated, provided that the interests of the patients have been safeguarded as determined by the court. (b) Nothing in this article shall limit the power of the court to appoint a receiver under any other applicable provision of law or to order any other remedy available under law. (Added by Stats. 1982, Ch. 1456, Sec. 2.)
  105. 1335.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. )

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    The state department must adopt regulations for this article and keeps its existing powers to suspend licenses, make voluntary alternate-management agreements, and avoid labor-dispute interference.

    ## 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 8. Management of Long-Term Health Care Facilities [1325 - 1335] ( Article 8 added by Stats. 1982, Ch. 1456, Sec. 2. ) ## 1335. The state department shall adopt regulations for the administration of this article. Nothing in this article shall impair the authority of the state department to temporarily suspend licenses under Section 1296 or to reach a voluntary agreement with the licensee for alternate management of a long-term health care facility. Nothing in this article shall authorize the state department to interfere in any labor dispute. (Added by Stats. 1982, Ch. 1456, Sec. 2.)
  106. 1336.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. )

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    A long-term health care facility must give written notice to affected residents or their guardians at least 60 days before certain license or operational changes, and must also hold a community meeting and provide related notices.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. ) ## 1336. (a) Notwithstanding any other law, a long-term health care facility shall give written notice to the affected residents or to the guardians of the affected residents at least 60 days prior to any change in the status of the license or in the operation of the facility resulting in the inability of the facility to care for its residents. (b) If residents’ placement problems are encountered that cannot be satisfactorily resolved within this 60-day period, the State Department of Public Health and the health facility shall agree on an extension which shall not exceed an additional 60 days. (c) The facility shall provide an appropriate team of professional staff to assist residents and families in obtaining alternative placement. The facility shall hold a community meeting for residents and their families no later than 30 days after providing the written notice pursuant to subdivision (a). The facility shall provide notice of the meeting to residents and their families and to local health authorities. The facility shall also provide notice of the community meeting to the State Department of Public Health as part of the proposed relocation plan submitted to the department pursuant to paragraph (1) of subdivision (g) of Section 1336.2. (d) This section shall not apply to actions initiated by the State Department of Public Health to suspend or revoke the license. (Amended by Stats. 2017, Ch. 185, Sec. 1. (AB 275) Effective January 1, 2018.)
  107. 1336.1.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. )

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    A facility must notify residents first, and then give written notice about license or operational changes to specified authorities and health plans at least 60 days before the change.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. ) ## 1336.1. (a) After notifying its affected residents, the facility shall, in response to inquiries made by prospective residents or their representatives, include notification of the change in the status of the license or the operation of the facility. (b) The facility shall give written notification to the office of the State Long-Term Care Ombudsman of the change in the status of the license or the operation of the facility, including a voluntary closure and the planned date of closure, at least 60 days prior to any change in the status of the license or the operation of the facility. (c) The facility shall give written notification to the State Department of Health Care Services and any health plan of an affected resident of the change in the status of the license or the operation of the facility, including a voluntary closure and the planned date of closure, at least 60 days prior to any change in the status of the license or the operation of the facility. This notification shall also include the names of residents that are covered by Medi-Cal or by the specific health plan. (Amended by Stats. 2017, Ch. 185, Sec. 2. (AB 275) Effective January 1, 2018.)
  108. 1336.2.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. )

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    A long-term care facility must plan and give notice before transferring residents, and may have to submit a relocation plan for larger transfers.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. ) ## 1336.2. (a) Before residents are transferred due to any change in the status of the license or operation of a facility, including a facility closure or voluntary or involuntary termination of a facility’s Medi-Cal or Medicare certification, the facility shall take reasonable steps to transfer affected residents safely and minimize possible transfer trauma by, at a minimum, doing all of the following: (1) Be responsible for ensuring that the resident’s attending physician or the facility medical director, if the resident does not have an attending physician, completes the medical assessment of the resident’s condition and susceptibility to adverse health consequences, including psychosocial effects, prior to written notice of transfer being given to the resident. The assessment shall not be considered complete unless it provides, in accordance with these assessments, recommendations for counseling, followup visits, and other recommended services, by designated health professionals, and for preventing or ameliorating potential adverse health consequences in the event of transfer. (2) Be responsible for ensuring that a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, a licensed psychiatrist, or a licensed professional clinical counselor and the facility nursing staff complete an assessment of the social and physical functioning of the resident based on the relevant portions of the minimum data set, as described in Section 14110.15 of the Welfare and Institutions Code, before written notice of transfer is given to the resident. The assessment shall not be considered complete unless it provides recommendations for preventing or ameliorating potential adverse health consequences in the event of transfer. The assessment may be amended because of a change in the resident’s health care needs. The assessment shall also include a recommendation for the type of facility that would best meet the resident’s needs. (3) (A) Be responsible for evaluating the relocation needs of the resident including proximity to the resident’s representative and determine the most appropriate and available type of future care and services for the resident before written notice of transfer is given to the resident or the resident’s representative. The health facility shall discuss the evaluation and medical assessment with the resident or the resident’s representative and make the evaluation and assessment part of the medical records for transfer. (B) If the resident or resident’s representative chooses to make a transfer prior to completion of assessments, the facility shall inform the resident or the resident’s representative, in writing, of the importance of obtaining the assessments and followup consultation. (4) At least 60 days in advance of the transfer, inform the resident or the resident’s representative of alternative facilities that are available and adequate to meet resident and family needs. (5) Arrange for appropriate future medical care and services, unless the resident or resident’s representative has otherwise made these arrangements. This requirement does not obligate a facility to pay for future care and services. (b) The facility shall provide an appropriate team of professional staff to perform the services required in subdivision (a). (c) The facility shall also give written notice to affected residents or their representatives, advising them of the requirements in subdivision (a) at least 60 days in advance of transfer. If a facility is required to give written notice pursuant to Section 1336, then the notice shall advise the affected resident or resident’s representative of the requirements in subdivision (a). If the transfer is made pursuant to subdivision (g), the notice shall include notification to the resident or resident’s representative that the transfer plan is available to the resident or resident’s representative free of charge upon request. (d) In the event of a temporary suspension of a facility’s license pursuant to Section 1296, the 60-day notice requirement in subdivision (c) shall not apply, but the facility shall provide the relocation services required in subdivision (a) unless the State Department of Public Health provides the services pursuant to subdivision (f). (e) The State Department of Public Health may make available assistance for the placement of hard-to-place residents based on its determination of the benefit and necessity of that assistance. A hard-to-place resident is a resident whose level of care, physical malady, or behavioral management needs are substantially beyond the norm. (f) The State Department of Public Health may provide, or arrange for the provision of, necessary relocation services at a facility, including medical assessments, counseling, and placement of residents, if it determines that these services are needed promptly to prevent adverse health consequences to residents, and the facility refuses, or does not have adequate staffing, to provide the services. In these cases, the facility or the licensee shall reimburse the State Department of Public Health for the cost of providing the relocation services. The State Department of Public Health’s participation shall not relieve the facility of any responsibility under this section. If the State Department of Public Health does not provide or arrange for the provision of the necessary relocation services, and the facility refuses to provide the relocation services required in subdivision (a), then the State Department of Public Health shall request that the Attorney General’s office or the local district attorney’s office seek injunctive relief and damages in the same manner as provided for in Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. (g) (1) If 10 or more residents are likely to be transferred due to any voluntary or involuntary change in the status of the license or operation of a facility, including a facility closure or voluntary or involuntary termination of a facility’s Medi-Cal or Medicare certification, the facility shall submit a proposed relocation plan for the affected residents to the State Department of Public Health for approval at least 30 days prior to the written transfer notification given to any resident or resident’s representative. The proposed relocation plan shall provide for implementation of the relocation services in subdivision (a) and shall describe the availability of beds in the area for residents to be transferred, the proposed discharge process, and the staffing available to assist in the transfers. The proposed relocation plan shall also include, but not be limited to, all of the following information: (A) The number of residents affected by the proposed closure. (B) The number of residents who do not have a legal representative and do not have the capacity to make decisions for themselves as described in Section 1418.8. (C) Attestation that each resident will undergo a medical assessment pursuant to paragraph (1) of subdivision (a) before being relocated. (D) The availability of alternative skilled nursing facility beds or other available long-term care beds within the community. (E) The reason for the proposed closure. (F) The actions the facility is taking to transfer affected residents safely and minimize possible transfer trauma. (2) The proposed relocation plan shall become effective upon the date the State Department of Public Health grants its approval. The State Department of Public Health shall base its approval of a proposed relocation plan on the standards specified in this section, including, but not limited to, its determination that the plan provides adequate protections to minimize transfer trauma for residents. The State Department of Public Health shall promptly either approve or reject the proposed relocation plan within 14 working days of receipt from the facility. If the State Department of Public Health rejects the proposed relocation plan, the facility may resubmit amended proposed relocation plans, each of which the State Department of Public Health shall promptly either approve or reject within 14 working days of receipt from the facility. Until one proposed relocation plan has been approved by the State Department of Public Health, and until the facility complies with the requirements in subdivision (a), the facility may not issue a notice of transfer. The facility shall submit the proposed relocation plan to the local long-term care ombudsperson at the same time the plan is submitted to the State Department of Public Health. (h) The resident shall have the right to remain in the facility for up to 60 days after the approved written notice of the facility’s intent to transfer the resident if an appropriate placement based on the relocation assessment and relocation recommendations has not been made. The facility shall be required to maintain an appropriate level of staffing in order to ensure the well-being of all the residents as they continue to reside in the facility. The State Department of Public Health shall monitor the facility’s staging of transfers, and, if it determines that the facility’s staging of placements is causing a detrimental impact on those residents being transferred, then the State Department of Public Health shall limit the number of residents being transferred per day until it determines when it is safe to increase the numbers. (i) Nothing in this section shall be construed to prohibit a facility from withdrawing a closure date or resident notification prior to any resident being relocated. (Amended by Stats. 2017, Ch. 185, Sec. 3. (AB 275) Effective January 1, 2018.)
  109. 1336.3.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. )

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    Long-term care facilities must respond to emergencies by notifying key people and regulators, helping with relocations, and providing medical assessment or counseling when needed.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. ) ## 1336.3. (a) In the event of an emergency, such as earthquake, fire, or flood that threatens the safety or welfare of the residents in a facility, the facility shall do all of the following: (1) Notify, as soon as possible, family members, guardians of residents, the State Department of Public Health, and the ombudsperson for that facility of the emergency and the steps that the facility plans to take for the welfare of the residents. (2) Provide the services set forth in subdivision (a) of Section 1336.2 if further relocation of a resident is necessary. (3) Undertake prompt medical assessment of, and provide counseling as needed to, residents whose further relocation is not necessary but who have suffered or may suffer adverse health consequences due to the emergency or sudden transfer. (b) (1) Each facility shall adopt a written emergency preparedness plan and shall make that plan available to the State Department of Public Health upon request. The plan shall comply with the requirements in this section and the State Department of Public Health’s Contingency Plan for Licensed Facilities. The facility, as part of its emergency preparedness planning, shall seek to enter into reciprocal or other agreements with nearby facilities and hospitals to provide temporary care for residents in the event of an emergency. The facility shall report to the State Department of Public Health the name of any facility or hospital that fails or refuses to enter into such agreements and the stated reason for that failure or refusal. (2) Section 1336.2 does not apply in the event of transfers made pursuant to an emergency preparedness plan. In any event, however, the facility shall provide the notice and services described in subdivisions (a) to (c), inclusive, of Section 1336.2. (Amended by Stats. 2018, Ch. 92, Sec. 130. (SB 1289) Effective January 1, 2019.)
  110. 1336.4.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. )

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    If someone fails to comply with Sections 1336 to 1336.3, they may receive citations and civil penalties.

    ## 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 8.5. Long-Term Care Facility Advance Notification Requirements [1336 - 1336.4] ( Article 8.5 added by Stats. 1983, Ch. 799, Sec. 1. ) ## 1336.4. Failure to comply with the requirements in Sections 1336 to 1336.3, inclusive, shall be subject to issuance of citations and imposition of civil penalties pursuant to Chapter 2.4 (commencing with Section 1417), and Sections 72701 and following of the California Administrative Code. (Added by Stats. 1987, Ch. 1251, Sec. 3.)
  111. 1337.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    Some skilled nursing and intermediate care facilities must participate in approved training programs, and certified nurse assistants must get criminal record clearances when certified and every two years.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337. (a) The Legislature finds that the quality of patient care in skilled nursing and intermediate care facilities is dependent upon the competence of the personnel who staff its facilities. The Legislature further finds that direct patient care in skilled nursing and intermediate care facilities is currently rendered largely by certified nurse assistants. To assure the availability of trained personnel in skilled nursing and intermediate care facilities, the Legislature intends that all such facilities in this state participate in approved training programs established under this article. This article shall not apply to intermediate care facilities/developmentally disabled habilitative, intermediate care facility/developmentally disabled-nursing, and intermediate care facility/developmentally disabled-continuous nursing which have staff training programs approved by the State Department of Developmental Services, general acute care hospitals, acute psychiatric hospitals, or special hospitals. (b) The requirement that certified nurse assistants obtain a criminal record clearance upon certification and biannually thereafter shall apply regardless of the setting in which the certified nurse assistant is employed. (c) The department shall develop procedures to ensure that certified nurse assistants employed by intermediate care facilities for the developmentally disabled/habilitative and intermediate care facilities for the developmentally disabled/nursing shall not be required to obtain multiple criminal record clearances. (d) For the purpose of this article: (1) “Nurse assistant” means any unlicensed aide, assistant, or orderly, who performs nursing services directed at the safety, comfort, personal hygiene, or protection of patients in a skilled nursing or intermediate care facility. (2) “Approved training program” means a program for the training of nurse assistants that meets the criteria established and approved under this chapter. (3) “Certified nurse assistant” means any person who holds himself or herself out as a certified nurse assistant and who, for compensation, performs basic patient care services directed at the safety, comfort, personal hygiene, and protection of patients, and is certified as having completed the requirements of this article. These services shall not include any services which may only be performed by a licensed person and otherwise shall be performed under the supervision of a registered nurse, as defined in Section 2725 of the Business and Professions Code, or a licensed vocational nurse, as defined in Section 2859 of the Business and Professions Code. (4) “State department” means the State Department of Public Health. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 5, Sec. 8. Effective July 28, 2009.)
  112. 1337.1.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    Skilled nursing facilities and intermediate care facilities must adopt an approved training program meeting department standards, with required orientation, classroom training, supervised clinical practice, and in-service training components.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.1. A skilled nursing facility or intermediate care facility shall adopt an approved training program that meets standards established by the department. The approved training program shall consist of at least all of the following: (a) An orientation program to be given to newly employed nurse assistants prior to providing direct patient care in skilled nursing facilities or intermediate care facilities. (b) (1) A precertification training program consisting of at least 60 classroom hours of training on basic nursing skills, patient safety and rights, the social and psychological problems of patients, and resident abuse prevention, recognition, and reporting pursuant to subdivision (e). The 60 classroom hours of training may be conducted within a skilled nursing facility or intermediate care facility or in an educational institution or agency. A skilled nursing facility or intermediate care facility may conduct the 60 classroom hours of training in an online or distance learning course format, as approved by the department. (2) In addition to the 60 classroom hours of training required under paragraph (1), the precertification training program shall consist of at least 100 hours of supervised and on-the-job training clinical practice. The 100 hours may consist of normal employment as a nurse assistant under the supervision of either the director of nurse training or a licensed nurse qualified to provide nurse assistant training who has no other assigned duties while providing the training. (3) At least two hours of the 60 hours of classroom training shall address the special needs of persons with developmental and mental disorders, including intellectual disability, cerebral palsy, epilepsy, dementia, Parkinson’s disease, and mental illness. At least two hours of the 60 hours of classroom training shall address the special needs of persons with Alzheimer’s disease and related dementias. (4) At least four hours of the 100 hours of supervised clinical training shall address the special needs of persons with developmental and mental disorders, including intellectual disability, cerebral palsy, epilepsy, Alzheimer’s disease and related dementias, and Parkinson’s disease. (5) In a precertification training program subject to this subdivision, credit shall be given for the training received in an approved precertification training program adopted by another skilled nursing facility or intermediate care facility. (6) This subdivision does not apply to a skilled nursing facility or intermediate care facility that demonstrates to the department that it employs only nurse assistants with a valid certification. (c) Continuing in-service training to ensure continuing competency in existing and new nursing skills. (d) Each facility shall consider including training regarding the characteristics and method of assessment and treatment of acquired immune deficiency syndrome (AIDS). (e) (1) The approved training program shall include, within the 60 hours of classroom training, a minimum of six hours of instruction on preventing, recognizing, and reporting instances of resident abuse utilizing those courses developed pursuant to Section 13823.93 of the Penal Code, and a minimum of one hour of instruction on preventing, recognizing, and reporting residents’ rights violations. (2) A minimum of four hours of instruction on preventing, recognizing, and reporting instances of resident abuse, including instruction on preventing, recognizing, and reporting residents’ rights violations, shall be included within the total minimum hours of continuing education or in-service training required and in effect for certified nurse assistants. (Amended by Stats. 2019, Ch. 497, Sec. 151. (AB 991) Effective January 1, 2020.)
  113. 1337.15.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    Some people who teach certified nurse assistant precertification programs may qualify without a teaching credential if they meet the experience and nurse-license conditions.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.15. (a) A person who provides instruction or training, at a skilled nursing facility or intermediate care facility or in an educational institution, as part of a certified nurse assistant precertification training program described in Section 1337.1 or 1337.3 may be any licensed vocational nurse or registered nurse with no less than two years of nursing experience, of which no less than one year is in providing care and services to chronically ill or elderly patients in an acute care hospital, skilled nursing facility, intermediate care facility, home care, hospice care, or other long-term care setting. (b) Notwithstanding any other law, a person described in subdivision (a) shall not be required to hold a teaching credential to provide instruction as part of a certified nurse assistant precertification training program described in Section 1337.1 or 1337.3. (Added by Stats. 2018, Ch. 769, Sec. 3. (AB 2850) Effective January 1, 2019.)
  114. 1337.16.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    Online or distance learning nurse assistant training programs must meet listed program, identity, privacy, accessibility, website, reporting, and approval-access requirements, and the department may issue AFL or similar instructions to make the section specific.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.16. (a) An online or distance learning nurse assistant training program shall comply with all of the following requirements: (1) Provide online instruction in which the trainees and the approved instructor are online at the same or similar times and which allows them to use real-time collaborative software that combines audio, video, file sharing, or any other forms of approved interaction and communication. (2) Require the use of a personal identification number or personal identification information that confirms the identity of the trainees and instructors, including, but not limited to, having trainees sign an affidavit attesting under penalty of perjury to their identity while completing the program. (3) Provide safeguards to protect personal information. (4) Include policies and procedures to ensure that instructors are accessible to trainees outside of the normal instruction times. (5) Include policies and procedures for equipment failures, student absences, and completing assignments past original deadlines. (6) Provide a clear explanation on its Internet Web site of all technology requirements to participate and complete the program. (7) Provide the department with statistics about the performance of trainees in the program, including, but not limited to, exam pass rate and the rate at which trainees repeat each module of the program, and any other information requested by the department regarding trainee participation in and completion of the program. (b) In addition to the requirements set forth in subdivision (a), an online or distance learning nurse assistant training program shall meet the same standards as a traditional, classroom-based program, and comply with any other standard established by the department for online or distance learning nurse assistant training programs. Notwithstanding any other law, the department may, without taking any regulatory actions pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of an All Facilities Letter (AFL) or similar instruction. (c) As a condition of approval by the department, an online or distance learning nurse assistant training program shall provide the department with access rights to the program for the purposes of verifying that program complies with all requirements and allowing the department to monitor online or distance learning sessions. (Added by Stats. 2018, Ch. 769, Sec. 4. (AB 2850) Effective January 1, 2019.)
  115. 1337.2.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    This section sets certification requirements for certified nurse assistant applicants, gives the department limited authority over certification procedures, and prohibits certain identity-based disclosures and false or unauthorized representation.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.2. (a) An applicant for certification as a certified nurse assistant shall comply with each of the following: (1) Be at least 16 years of age. (2) Have successfully completed a training program approved by the department, which includes an examination to test the applicant’s knowledge and skills related to basic patient care services. (3) Obtain a criminal record clearance pursuant to Section 1338.5. (b) (1) No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate. (2) If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individual’s taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status. (3) The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. (4) The department shall not do either of the following: (A) Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate. (B) Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status. (c) The state department may establish procedures for issuing certificates which recognize certification programs in other states and countries. (d) Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate competency examination, the state department may issue a certificate to any applicant who possesses a valid state license as either a licensed vocational nurse or a registered nurse issued by any other state or foreign country, and who, in the opinion of the state department, has the qualifications specified in this article. (e) Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate examination, the state department may issue a certificate to any applicant who has completed the fundamentals of nursing courses in a school for registered nurses, approved by the Board of Registered Nursing, or in a school for licensed vocational nurses, approved by the Board of Vocational Nurse and Psychiatric Technician Examiners, which are substantially equivalent to the certification training program specified in this article. (f) Every person certified as a nurse assistant under this article may be known as a “certified nurse assistant” and may place the letters CNA after his or her name when working in a licensed health facility. An individual working independently, providing personal care services, may not advertise or represent himself or herself as a certified nurse assistant. (g) Any person holding a nurse assistant certificate issued by the state department prior to January 1, 1988, may continue to hold himself or herself out as a certified nurse assistant until January 1, 1991. Thereafter, it shall be unlawful for any person not certified under this article to hold himself or herself out to be a certified nurse assistant. Any person willfully making any false representation as being a certified nurse assistant is guilty of a misdemeanor. (h) Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment. (Amended by Stats. 2018, Ch. 838, Sec. 8. (SB 695) Effective January 1, 2019.)
  116. 1337.3.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    The department must maintain an approved training-program list, inspect training programs, publish required program information, and enforce minimum training and passage-rate standards.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.3. (a) (1) The department shall prepare and maintain a list of approved training programs for nurse assistant certification. The list shall include training programs conducted by skilled nursing facilities or intermediate care facilities, as well as local agencies and education programs. In addition, the list shall include information on whether a training center is currently training nurse assistants, their competency test pass rates, and the number of nurse assistants they have trained. Clinical portions of the training programs may be obtained as on-the-job training, supervised by a qualified director of staff development or licensed nurse. (2) No later than December 31, 2025, the department shall solicit applications from vendors to provide the written and oral competency examination of a nurse assistant certification examination in Spanish. (3) No later than July 1, 2029, the department shall publish on its internet website, and update at least twice annually, a list including all of the following: (A) All approved training programs, including skilled nursing facilities, intermediate care facilities, and local agencies and education programs. (B) Whether each training center is currently training nurse assistants. (C) The competency test pass rates for the previous two years, aggregated by the language in which the test was taken. (D) The number of nurse assistants trained in the previous two years. (b) It shall be the duty of the department to inspect a representative sample of training programs. The department shall protect consumers and students in any training program against fraud, misrepresentation, or other practices that may result in improper or excessive payment of funds paid for training programs. In evaluating a training center’s training program, the department shall examine each training center’s trainees’ competency test passage rate, and require each program to maintain an average 60 percent test score passage rate to maintain its participation in the program. The average test score passage rate shall be calculated over a two-year period. If the department determines that a training program is not complying with regulations or is not meeting the competency passage rate requirements, notice thereof in writing shall be immediately given to the program. If the program has not been brought into compliance within a reasonable time, the program may be removed from the approved list and notice thereof in writing given to it. Programs removed under this article shall be afforded an opportunity to request reinstatement of program approval at any time. The department’s district offices shall inspect facility-based centers as part of their annual survey. (c) Notwithstanding Section 1337.1, the approved training program shall consist of at least the following: (1) A 16-hour orientation program to be given to newly employed nurse assistants prior to providing direct patient care, and consistent with federal training requirements for facilities participating in the Medicare or Medicaid programs. (2) (A) A precertification training program consisting of at least 60 classroom hours of training on basic nursing skills, patient safety and rights, the social and psychological problems of patients, and elder abuse recognition and reporting pursuant to subdivision (e) of Section 1337.1. The 60 classroom hours of training may be conducted within a skilled nursing facility, an intermediate care facility, or an educational institution or agency. A health facility, educational institution, or local agency may conduct the 60 classroom hours of training in an online or distance learning course format, as approved by the department. (B) In addition to the 60 classroom hours of training required under subparagraph (A), the precertification program shall also consist of 100 hours of supervised and on-the-job training clinical practice. The 100 hours may consist of normal employment as a nurse assistant under the supervision of either the director of staff development or a licensed nurse qualified to provide nurse assistant training who has no other assigned duties while providing the training. (3) At least 2 hours of the 60 hours of classroom training shall address the special needs of persons with developmental and mental disorders, including intellectual disability, cerebral palsy, epilepsy, dementia, Parkinson’s disease, and mental illness. At least 2 hours of the 60 hours of classroom training shall address the special needs of persons with Alzheimer’s disease and related dementias. (4) At least 4 hours of the 100 hours of supervised clinical training shall address the special needs of persons with developmental and mental disorders, including intellectual disability, cerebral palsy, epilepsy, Alzheimer’s disease and related dementias, and Parkinson’s disease. (d) The department, in consultation with the State Department of Education and other appropriate organizations, shall develop criteria for approving training programs, that includes program content for orientation, training, inservice and the examination for testing knowledge and skills related to basic patient care services and shall develop a plan that identifies and encourages career ladder opportunities for certified nurse assistants. This group shall also recommend, and the department shall adopt, regulation changes necessary to provide for patient care when facilities utilize noncertified nurse assistants who are performing direct patient care. The requirements of this subdivision shall be established by January 1, 1989. (e) On or before January 1, 2004, the department, in consultation with the State Department of Education, the American Red Cross, and other appropriate organizations, shall do the following: (1) Review the current examination for approved training programs for certified nurse assistants to ensure the accurate assessment of whether a nurse assistant has obtained the required knowledge and skills related to basic patient care services. (2) Develop a plan that identifies and encourages career ladder opportunities for certified nurse assistants, including the application of on-the-job postcertification hours to educational credits. (f) A skilled nursing facility or intermediate care facility shall determine the number of specific clinical hours within each module identified by the department required to meet the requirements of subdivision (d), subject to subdivisions (b) and (c). The facility shall consider the specific hours recommended by the state department when adopting the precertification training program required by this chapter. (g) This article shall not apply to a program conducted by any church or denomination for the purpose of training the adherents of the church or denomination in the care of the sick in accordance with its religious tenets. (h) The Chancellor of the California Community Colleges shall provide to the department a standard process for approval of college credit. The department shall make this information available to all training programs in the state. (i) An online or distance learning nurse assistant training program shall meet the same standards as a traditional, classroom-based program. (j) An online nurse assistant training program shall contract with a licensed skilled nursing facility or intermediate care facility for the purpose of coordinating and completing the clinical portion of the nurse assistant training program. (Amended by Stats. 2025, Ch. 243, Sec. 4. (SB 862) Effective January 1, 2026.)
  117. 1337.4.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    Skilled nursing and intermediate care facilities must appoint a licensed nurse as director of staff development.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.4. Every skilled nursing or intermediate care facility shall designate a licensed nurse as a director of staff development who shall be responsible for the management of the approved training program. (Amended by Stats. 1988, Ch. 825, Sec. 3.)
  118. 1337.5.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    Approved training programs must fit within normal working hours unless the nurse assistant is paid at least the normal hourly wage for extra time. Skilled nursing and intermediate care facilities may employ only certain nurse assistants after September 1, 1978, and there are timing rules for temporary work and certification enrollment.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.5. (a) Approved training programs shall be conducted during the normal working hours of the nurse assistant unless the nurse assistant receives at least the normal hourly wage for any additional time spent in the training program. (b) On or after September 1, 1978, only the following persons may be employed by a skilled nursing facility or intermediate care facility as a nurse assistant: (1) A certified nurse assistant. (2) A nurse assistant hired on a temporary basis who has been employed less than a maximum total of three months in skilled nursing facilities or intermediate care facilities, including the current period of employment. (3) A nurse assistant who, within three months of the date of employment, is enrolled in an approved certification training program which requires completion not more than six months from the date of employment; provided, that the employing facility may apply to the state department for an extension of the deadline under this paragraph for enrollment in a certification training program if the facility has a contract to obtain the training from an educational institution, approved by the facility, which operates on a semester basis and cannot enroll nursing assistant students except at semester intervals; and the delayed enrollment will not postpone completion of certification training beyond nine months from the date of employment. (Added by renumbering Section 1337.9 by Stats. 1987, Ch. 1177, Sec. 11.)
  119. 1337.6.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    Certificates under this section must be renewed every two years, with training, clearance, and filing requirements.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.6. (a) Certificates issued under this article shall be renewed every two years and renewal shall be conditional upon the occurrence of all of the following: (1) The certificate holder submitting documentation of completion of 48 hours of in-service training every two years obtained through an approved training program or taught by a director of staff development for a licensed skilled nursing or intermediate care facility that has been approved by the department, or by individuals or programs approved by the department. At least 12 of the 48 hours of in-service training shall be completed in each of the two years. Twenty-four of the 48 hours of in-service training may be obtained through an online computer training program approved by the Licensing and Certification Division of the department. (2) (A) A vendor of online programs for continuing education shall ensure that each online course contains all of the following: (i) An interactive portion where the participants receive feedback, through online communication, based on input from the participant. (ii) Required use of a personal identification number or personal identification information to confirm the identity of the participant. (iii) A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and shall be made available to the department upon demand. (B) The department may approve online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the department’s satisfaction that, through advanced technology, the course and the course delivery meet the other requirements of this section. (3) The certificate holder obtaining a criminal record clearance. (b) Certificates issued under this article shall expire on the certificate holder’s birthday. (c) To renew an unexpired certificate, the certificate holder shall, on or before the certificate expiration date, apply for renewal on a form provided by the department and submit documentation of the required in-service training. (d) The department shall give written notice to a certificate holder 90 days in advance of the renewal date and, 90 days in advance of the expiration of the fourth year that a renewal application has not been submitted, and shall give written notice informing the certificate holder, in general terms, of the provisions of this article. Nonreceipt of the renewal notice does not relieve the certificate holder of the obligation to make a timely renewal. Failure to make a timely renewal shall result in expiration of the certificate. (e) Except as otherwise provided in this article, an expired certificate may be renewed at any time within two years after its expiration on the filing of an application for renewal on a form prescribed by the department and documentation of the required in-service education. Renewal under this article shall be effective on the date on which the application is filed. If so renewed, the certificate shall continue in effect until the date provided for in this article, when it shall expire if it is not again renewed. (f) If a certified nurse assistant applies for renewal more than two years after the expiration, the certified nurse assistant shall complete an approved 75-hour competency evaluation training program and competency evaluation program. A suspended certificate is subject to expiration and shall be renewed as provided in this article, but this renewal does not entitle the certificate holder, while the certificate remains suspended, and, until it is reinstated, to engage in the certified activity, or in any other activity or conduct in violation of the order or judgment by which the certificate was suspended. (g) A revoked certificate is subject to expiration as provided in this article, but it cannot be renewed. (h) Except as provided in subdivision (i), a certificate that is not renewed within four years after its expiration cannot be renewed, restored, reissued, or reinstated except upon completion of a certification program unless deemed otherwise by the department if both of the following conditions are met: (1) No fact, circumstance, or condition exists that, if the certificate was issued, would justify its revocation or suspension. (2) The person takes and passes any examination that may be required of an applicant for a new certificate at that time, that shall be given by an approved provider of a certification training program. (i) A certified nurse assistant whose certificate has expired after two years may have his or her certificate renewed if he or she completes 75 hours in an approved competency evaluation training program, passes a competency test, and obtains a criminal background clearance prior to the renewal. The department shall develop a training program for these previously certified individuals. (j) Certificate holders shall notify the department within 60 days of any change of address. Any notice sent by the department shall be effective if mailed to the current address filed with the department. (k) Certificate holders that have been certified as both nurse assistants pursuant to this article and home health aides pursuant to Chapter 8 (commencing with Section 1725) of Division 2 shall renew their certificates at the same time on one application. (Amended by Stats. 2006, Ch. 74, Sec. 12. Effective July 12, 2006.)
  120. 1337.8.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    The state department must investigate complaints about misconduct by certified nurse assistants, maintain a registry of their certification and disciplinary status, and may take disciplinary action. Certain long-term health care facilities hiring certified nursing assistants must check the registry before hiring or placing them in direct contact with patients.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.8. (a) The state department shall investigate complaints concerning misconduct by certified nurse assistants and may take disciplinary action pursuant to Section 1337.9. (b) The state department shall maintain a registry that includes the certification status of all certified nurse assistants, including the status of any proposed or completed disciplinary actions. (c) Long-term health care facilities, as defined in Section 1418, that hire certified nursing assistants shall consult the state department’s registry prior to hiring these individuals or placing them in direct contact with patients. (Repealed and added by Stats. 1994, Ch. 1246, Sec. 6. Effective January 1, 1995.)
  121. 1337.9.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    The state department may deny, suspend, or revoke a nurse assistant certificate or related application for listed reasons, and it must give notice and hearing rights.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1337.9. (a) The Legislature finds and declares all of the following: (1) Recidivism is reduced when criminal offenders are given the opportunity to secure employment and engage in a trade, occupation, or profession. (2) It is in the interest of public safety to assist in the rehabilitation of criminal offenders by removing impediments and restrictions upon the offenders’ ability to obtain employment or engage in a trade, occupation, or profession based solely upon the existence of a criminal record. (3) It is the intent of the Legislature that the state department, in determining eligibility under this section, have discretion to consider a conviction, but that the conviction not operate as an automatic bar to certification. (b) The state department may deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for, a nurse assistant for any of the following: (1) Unprofessional conduct, including, but not limited to, incompetence, gross negligence, unless due to circumstances beyond the nurse assistant’s control, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others. (2) Conviction of a crime substantially related to the qualifications, functions, and duties of a certified nurse assistant if the state department determines that the applicant or certificate holder has not adequately demonstrated that he or she has been rehabilitated and will present a threat to the health, safety, or welfare of patients. (3) Conviction for, or use of, any controlled substance as defined in Division 10 (commencing with Section 11000), or any dangerous drug, as defined in Section 4022 of the Business and Professions Code, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the certified nurse assistant, any other person, or the public, to the extent that this use would impair the ability to conduct, with safety to the public, the practice authorized by a certificate. (4) Procuring a certified nurse assistant certificate by fraud or misrepresentation or mistake. (5) Making or giving any false statement or information in conjunction with the application for issuance of a nurse assistant certificate or training and examination application. (6) Impersonating any applicant, or acting as proxy for an applicant, in any examination required under this article for the issuance of a certificate. (7) Impersonating another certified nurse assistant, a licensed vocational nurse, or a registered nurse, or permitting or allowing another person to use a certificate for the purpose of providing nursing services. (8) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of, this article. (c) In determining whether or not to deny the application for licensure or renewal pursuant to paragraph (2) of subdivision (b), the department shall take into consideration the following factors as evidence of good character and rehabilitation: (1) The nature and seriousness of the conduct or crime under consideration and its relationship to their employment duties and responsibilities. (2) Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior. (3) The period of time that has elapsed since the commission of the conduct or offense referred to in paragraph (1) or (2) and the number of offenses. (4) The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person. (5) Any rehabilitation evidence, including character references, submitted by the person. (6) Employment history and current employer recommendations. (7) Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition. (8) An order from a superior court pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code. (9) The granting by the Governor of a full and unconditional pardon. (10) A certificate of rehabilitation from a superior court. (d) When the state department determines that a certificate shall be suspended, the state department shall specify the period of actual suspension. The state department may stay the suspension and place the certificate holder on probation with specified conditions for a period not to exceed two years. If the state department determines that probation is the appropriate action, the certificate holder shall be notified that in lieu of the state department proceeding with a formal action to suspend the certification and in lieu of an appeal pursuant to subdivision (g), the certificate holder may request to enter into a diversion program agreement. A diversion program agreement shall specify terms and conditions related to matters, including, but not limited to, work performance, rehabilitation, training, counseling, progress reports, and treatment programs. If a certificate holder successfully completes a diversion program, no action shall be taken upon the allegations that were the basis for the diversion agreement. Upon failure of the certificate holder to comply with the terms and conditions of an agreement, the state department may proceed with a formal action to suspend or revoke the certification. (e) A plea or verdict of guilty, or a conviction following a plea of nolo contendere shall be deemed a conviction within the meaning of this article. The state department may deny an application or deny, suspend, or revoke a certification based on a conviction as provided in this article when the judgment of conviction is entered or when an order granting probation is made suspending the imposition of sentence. (f) Upon determination to deny an application or deny, revoke, or suspend a certificate, the state department shall notify the applicant or certificate holder in writing by certified mail of all of the following: (1) The reasons for the determination. (2) The applicant’s or certificate holder’s right to appeal the determination. (g) (1) Upon written notification that the state department has determined that an application shall be denied or a certificate shall be denied, suspended, or revoked, the applicant or certificate holder may request an administrative hearing by submitting a written request to the state department within 20 business days of receipt of the written notification. Upon receipt of a written request, the state department shall hold an administrative hearing pursuant to the procedures specified in Section 100171, except where those procedures are inconsistent with this section. (2) A hearing under this section shall be conducted within 60 days of the receipt of the written request of the applicant or certificate holder submitted pursuant to paragraph (1) by a hearing officer or administrative law judge designated by the director at a location, other than the work facility, convenient to the applicant or certificate holder unless the applicant or certificate holder agrees to an extension. The hearing shall be tape recorded and a written decision shall be sent by certified mail to the applicant or certificate holder within 30 calendar days of the hearing. Except as specified in subdivision (h), the effective date of an action to revoke or suspend a certificate shall be specified in the written decision, or if no administrative hearing is timely requested, the effective date shall be 21 business days from written notification of the department’s determination to revoke or suspend. (h) The state department may revoke or suspend a certificate prior to any hearing when immediate action is necessary in the judgment of the director to protect the public welfare. Notice of this action, including a statement of the necessity of immediate action to protect the public welfare, shall be sent in accordance with subdivision (d). If the certificate holder requests an administrative hearing pursuant to subdivision (g), the state department shall hold the administrative hearing as soon as possible but not later than 30 calendar days from receipt of the request for a hearing. A written hearing decision upholding or setting aside the action shall be sent by certified mail to the certificate holder within 30 calendar days of the hearing. (i) Upon the expiration of the term of suspension, he or she shall be reinstated by the state department and shall be entitled to resume practice unless it is established to the satisfaction of the state department that the person has practiced as a certified nurse assistant in this state during the term of suspension. In this event, the state department shall revoke the person’s certificate. (j) Upon a determination to deny an application or deny, revoke, or suspend a certificate, the state department shall notify the employer of the applicant and certificate holder in writing of that determination, and whether the determination is final, or whether a hearing is pending relating to this determination. If a licensee or facility is required to deny employment or terminate employment of the employee based upon notice from the state that the employee is determined to be unsuitable for employment under this section, the licensee or facility shall not incur criminal, civil, unemployment insurance, workers’ compensation, or administrative liability as a result of that denial or termination. (Amended by Stats. 2014, Ch. 847, Sec. 1. (SB 1384) Effective January 1, 2015.)
  122. 1338.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    The state department must provide Medi-Cal rate adjustments to certain facilities, but after September 1, 1978 payments are barred unless the facility has an approved training program or had a pending application on file by August 1, 1978.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1338. (a) The state department shall, through the Medi-Cal program, provide rate adjustments to skilled nursing or intermediate care facilities for the portion of additional costs attributable to the requirements of Sections 1337.1, 1337. 3, and 1337.5 with respect to Medi-Cal patients. The portion of such additional costs attributable to Medi-Cal shall be the same as the ratio of Medi-Cal patients to total patients in the facility. Such rate adjustments shall also include provisions for an increase in wages for nurse assistants who receive certificates pursuant to Section 1337.3 and a continuing wage differential between certified and uncertified nurse assistants thereafter. (b) On and after September 1, 1978, the rate adjustments specified in subdivision (a) shall not be paid to any skilled nursing facility or intermediate care facility which has not received approval of the state department for an approved training program that meets the standards and requirements of Section 1337.1, unless the facility has had an application for such approval on file with the state department on or before August 1, 1978, which has not been approved or rejected. However, payment of such rate adjustments to facilities with applications on file with the state department on or before August 1, 1978, which have not received action by the state department, shall cease upon rejection of the application. Within one week after the effective date of this article the state department shall notify all skilled nursing facilities or intermediate care facilities, which have not filed an application with the state department for approval of an approved training program, of the requirements of this subdivision. (c) Facilities granted an exemption by the state department prior to the effective date of this section pursuant to subsection (i) of Section 51510 or subsection (h) of Section 51511 of Title 22 of the California Administrative Code shall be entitled to continuance of such exemption unless and until the facility ceases to meet any of the eligibility criteria which are specified in such regulations on the effective date of this section. (Added by Stats. 1978, Ch. 351.)
  123. 1338.1.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    The state department must assign enough qualified employees to supervise and evaluate training programs covered by this article.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1338.1. The state department shall assign sufficient qualified employees to supervise and evaluate training programs required by this article. (Added by Stats. 1978, Ch. 351.)
  124. 1338.2.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    The state department must convene a work group to develop recommendations on expanding training programs and certified nurse assistants available for hire, and the work group must submit those recommendations by July 1, 2001.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1338.2. (a) The state department shall convene a work group to develop recommendations to the department on ways to expand the availability of training programs and certified nurse assistants available for hire in the state. The work group shall investigate, but not be limited to investigating, all of the following: (1) Work-based learning programs for students in the regional occupational programs in the state. (2) Utilization of apprenticeships. (3) Promotional programs for training centers and certified nurse assistant jobs. (4) Utilization of expanded data resources. (b) The recommendations required by subdivision (a) shall be submitted by the work group to the state department on or before July 1, 2001. (c) The work group shall consist of, but not be limited to, all of the following: (1) A representative from the State Department of Education. (2) Nurse-Assistant training center representatives. (3) A director of staff development for a long-term health care facility. (4) A publisher of nurse assistant training and competency curricula. (5) An industry representative. (6) A currently certified nurse assistant. (7) A consumer representative. (8) A labor union representative. (9) A representative of the American Red Cross. (10) The Chancellor of the California Community Colleges. (11) A representative from the Office of Statewide Health Planning and Development. (12) A registered nurse and a licensed vocational nurse, both of whom are currently providing long-term care nursing services. (Added by Stats. 1999, Ch. 719, Sec. 5. Effective January 1, 2000.)
  125. 1338.3.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    The State Director of Health Services may adopt emergency regulations to implement this article.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1338.3. The State Director of Health Services may adopt emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 3 of the Government Code to implement this article. The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, or safety. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the State Department of Health Services in order to implement this article shall not be subject to the review and approval of the Office of Administrative Law. These regulations shall become effective immediately upon filing with the Secretary of State. (Repealed and added by Stats. 1987, Ch. 1177, Sec. 13.)
  126. 1338.5.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    This section requires criminal record clearance for nurse assistants and sets the process for fingerprint submission, facility restrictions, fees, and department actions.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1338.5. (a) (1) (A) A criminal record clearance shall be conducted for all nurse assistants by the submission of fingerprint images and related information to the state department for processing at the Department of Justice. The licensing and certification program shall issue an All Facilities Letter (AFL) to facility licensees when both of the following criteria are met: (i) The program receives, within three business days, 95 percent of its total responses indicating no evidence of recorded criminal information from the Department of Justice. (ii) The program processes 95 percent of its total responses requiring disqualification in accordance with subparagraph (C) of paragraph (2) of subdivision (a) of Section 1337.9, as that section read on January 1, 2014, no later than 45 days after the date that the report is received from the Department of Justice. (B) After the AFL is issued, licensees shall not allow nurse assistant trainees or newly hired nurse assistants to have direct contact with clients or residents of the facility prior to completion of the criminal record clearance. A criminal record clearance shall be complete when the department has obtained the person’s criminal offender record information search response information from the Department of Justice and has determined that the person is not disqualified from engaging in the activity for which clearance is required. Notwithstanding any other provision of law, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this paragraph by means of an AFL or similar instruction. The fee to cover the processing costs of the Department of Justice, not including the costs associated with capturing or transmitting the fingerprint images and related information, shall not exceed thirty-two dollars ($32) per submission. (C) An applicant or certificate holder who may be disqualified on the basis of a criminal conviction shall provide the department with a certified copy of the judgment of each conviction. In addition, the individual may, during a period of two years after the department receives the criminal record report, provide the department with evidence of good character and rehabilitation in accordance with subdivision (c) of Section 1337.9. Upon receipt of a new application for certification of the individual, the department may receive and consider the evidence during the two-year period without requiring additional fingerprint imaging to clear the individual. (D) The department’s Licensing and Certification Program shall explore and implement methods for maximizing its efficiency in processing criminal record clearances within the requirements of law, including a streamlined clearance process for persons who have been disqualified on the basis of criminal convictions. (2) (A) Upon enrollment in a training program for nurse assistant certification, and prior to direct contact with residents, a candidate for training shall submit a training and examination application and the fingerprint cards to the state department to receive a criminal record review through the Department of Justice. Submission of the fingerprints to the Federal Bureau of Investigation shall be at the discretion of the state department. (B) An applicant and any other person specified in this subdivision, as part of the background clearance process, shall provide information as to whether or not the person has any prior criminal convictions, has had any arrests within the past 12-month period, or has any active arrests, and shall certify that, to the best of his or her knowledge, the information provided is true. This requirement is not intended to duplicate existing requirements for individuals who are required to submit fingerprint images as part of a criminal background clearance process. Every applicant shall provide information on any prior administrative action taken against him or her by any federal, state, or local government agency and shall certify that, to the best of his or her knowledge, the information provided is true. An applicant or other person required to provide information pursuant to this section that knowingly or willfully makes false statements, representations, or omissions may be subject to administrative action, including, but not limited to, denial of his or her application or exemption or revocation of any exemption previously granted. (3) Each health facility that operates and is used as a clinical skills site for certification training, and each health facility, prior to hiring a nurse assistant applicant certified in another state or country, shall arrange for and pay the cost of the fingerprint live scan service and the Department of Justice processing costs for each applicant. Health facilities may not pass these costs through to nurse assistant applicants unless allowed by federal law enacted subsequent to the effective date of this paragraph. (b) The use of fingerprint live scan technology implemented by the Department of Justice by the year 1999 shall be used by the Department of Justice to generate timely and accurate positive fingerprint identification prior to nurse assistant certification and prior to direct contact with residents by the nurse assistant applicant. The department shall explore options to work with private and governmental agencies to ensure that licensees have adequate access to electronic transmission sites, including requiring the department to maintain a contract for electronic transmission services in each of the district offices where facilities have indicated problems with timely access to electronic transmission sites or consistent delays of more than three business days in obtaining appointments for electronic transmission services through a private entity, government agency, or law enforcement agency. (c) The state department shall develop procedures to ensure that any licensee, direct care staff, or certificate holder for whom a criminal record has been obtained pursuant to this section or Section 1265.5 or 1736 shall not be required to obtain multiple criminal record clearances. (d) If the department is experiencing a delay in processing the renewal of the certified nursing assistant’s certification at the time of the expiration of the certified nursing assistant’s certification, the department may extend the expiration of the certified nursing assistant’s certification for six months. (e) If, at any time, the department determines that it does not meet the standards specified in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of subdivision (a), for a period of 90 consecutive days, the requirements in paragraph (1) of subdivision (a) shall be inoperative until the department can demonstrate it has met those standards for a period of 90 consecutive days. (f) During any time in which the requirements of paragraph (1) of subdivision (a) are inoperative, facilities may allow newly hired nurse assistants to have direct contact with clients or residents of the facility after those persons have submitted live scan fingerprint images to the Department of Justice, and the department shall issue an AFL advising facilities of this change in the statutory requirements. (g) Notwithstanding any other law, the department is authorized to provide an individual with a copy of his or her state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in their written request. The department shall retain a copy of the individual’s written request and the response and date provided. (Amended by Stats. 2014, Ch. 847, Sec. 2. (SB 1384) Effective January 1, 2015.)
  127. 1338.6.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. )

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    Approved training programs must not exceed the highest minimum hours required by federal or state law when applying on or after the section’s effective date.

    ## 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 9. Training Programs in Skilled Nursing and Intermediate Care Facilities [1337 - 1338.6] ( Article 9 added by Stats. 1978, Ch. 351. ) ## 1338.6. (a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established in this state for educational or training programs for certification training programs for nurse assistants, pursuant to Section 1337.1, or home health aides, pursuant to Section 1736.1, approved by the department shall be equal to the number of clock or credit hours, or the equivalent, that is approved for each program by the department as of the effective date of this section. (b) An education and training program approved by the department that submits an application on or after the effective date of this section shall not exceed the highest of the minimum number of hours required by federal or state statute or regulation. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2024, Ch. 41, Sec. 52. (SB 164) Effective June 29, 2024. Repealed as of January 1, 2027, by its own provisions.)
  128. 1339.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    The Legislature says small rural general acute care hospitals are facing financial problems and may be important for local health care access.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339. The Legislature hereby finds and declares that: (a) In many areas, small, rural general acute care hospitals are experiencing financial difficulties brought upon partially because of governmental regulations and underutilization of acute care beds. (b) Closure of such facilities, in most cases, would represent a direct threat to the health and well-being of both the resident and tourist populations served by these facilities. (c) Availability and accessibility to primary and preventive health care services could be greatly improved through coordination with existing resources in the area. (d) Because of the special attributes of the small, rural general acute care hospital, such as longevity, focus of community support, critical geographic location, and availability of services, such facilities could serve as the major focal point for the promotion of health and the delivery of health care services within the rural community. (e) There is a lack of systematic study and evaluation of the economics of efficiently operating small rural hospitals and the ways in which these hospitals might more effectively meet the health needs of their communities. (Amended by Stats. 1982, Ch. 1010, Sec. 1.)
  129. 1339.10.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    The department may keep certain employment information for specified care staff, must notify the licensee and applicant of criminal convictions within five working days after receiving relevant information, and must complete a feasibility study and report the results to the Legislature by July 1, 2000.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.10. (a) The department may request and maintain employment information for nurse assistants and direct care staff of intermediate care facilities/developmentally disabled, other than state-operated intermediate care facilities/developmentally disabled that secure criminal record clearances for employees through another method, intermediate care facilities/developmentally disabled-habilitative, or intermediate care facilities/developmentally disabled-nursing. (b) Within five working days of receipt of a criminal record or information from the Department of Justice pursuant to Section 1338.5, the department shall notify the licensee and applicant of any criminal convictions. (c) The department shall conduct a feasibility study to assess the additional technology requirements necessary to include previous and current employment information on its registry and to make that information available to potential employers. The department shall report to the Legislature by July 1, 2000, as to the results of the study. (Added by renumbering Section 1339.9 (as added by Stats. 1998, Ch. 716, Sec. 1) by Stats. 2015, Ch. 303, Sec. 248. (AB 731) Effective January 1, 2016.)
  130. 1339.11.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    Health systems agencies must verify hospital plan information, make a recommendation to the state department within 45 days, and may provide technical assistance when contracted to do so.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.11. Health systems agencies shall do all of the following: (a) Verify information in the health service plan received from hospitals in their respective health service area. (b) Within 45 days make a recommendation, including findings, to the state department regarding the need for, and ability of the hospital to implement its health services plan for hospitals in their respective health service area. (c) Upon contracting with the state department, provide technical assistance to primary health service hospitals in the preparation of health services pursuant to Section 1339.15. (d) In the event a health systems agency is unable to perform the functions, the state department shall perform those functions. (Repealed and added by Stats. 1982, Ch. 1010, Sec. 11.)
  131. 1339.13.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    A primary health service hospital, or a group of them, may submit a health service plan to the state department only after a qualifying public meeting has been held.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.13. Any primary health service hospital, or any group thereof, may submit a health service plan to the state department when a public meeting, which satisfies the following criteria, has been conducted in the community by the hospital with respect to such hospital’s health service plan for the community, or when more than one hospital is involved, in the communities for which the hospitals propose to provide primary health service hospital services: (a) The plan is made available for public review at least two weeks prior to the public meeting. (b) Notices announcing the public meeting are posted in publicly visible places in the community and at the hospital at least 10 days prior to the public meeting. (c) A public notice is published in a newspaper of general circulation not less than 10 or more than 20 days prior to the public meeting. (Repealed and added by Stats. 1982, Ch. 1010, Sec. 13.)
  132. 1339.15.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    A primary health service hospital may seek listed waivers, swing-bed authorization, and related benefits by filing a health service plan, and the plan must be submitted to the state department and the health systems agency.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.15. A primary health service hospital may request waivers pursuant to subdivision (d) of Section 1339.7, and Section 1339.25, authorization for swing beds pursuant to Section 1339.8 and seek the benefits pursuant to subdivision (l) of Section 1339.7 by submitting a health service plan. The health service plan shall be submitted to the state department and the health systems agency and shall contain the following as appropriate and dependent on the needs of the community: (a) A description of the hospital’s current capabilities with emphasis on the following: (1) Primary and preventive care services including life saving services. (2) Community access to health services. (3) Cost effectiveness. (b) Additionally, and as appropriate, the plan shall include: (1) A description of any services to be deleted from those authorized by license at the time the plan is submitted with a description of the impact the deletion of this service will have on the community. (2) A description of any services to be added to those authorized by license at the time the plan is submitted, including evidence of market feasibility, methods and schedule for plan implementation, evidence of community and medical staff support of the plan, and evidence of coordination with other health providers and services in the community. (3) Requests for waivers or exemptions which do not jeopardize the health, safety, and well-being of patients affected, and which are needed for increased operational efficiency or to implement the health service plan. (4) Identification of the number of acute care beds in the hospital, if any, requested for use as swing beds, depending upon community need and projected utilization, including a description of the way in which medical care will be provided to those patients and a description of how the facility will provide for the transfer of long-term care patients when the need for acute care beds develops. (Repealed and added by Stats. 1982, Ch. 1010, Sec. 15.)
  133. 1339.17.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    A primary health service hospital may amend its health service plan, but the amendments must follow specified provisions and cannot be made solely to avoid sanctions for noncompliance.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.17. A primary health service hospital may amend its health service plan. Such amendments shall be subject to the provisions of subdivision (c) of Section 1337.7 and Section 1339.13. Amendments shall not be made to such plan solely for the purpose of circumventing sanctions administered for noncompliance with such hospital’s health service plan. (Amended by Stats. 1982, Ch. 1010, Sec. 16.)
  134. 1339.19.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    A primary health service hospital must follow listed operating requirements, including applicable regulations, service limits, plan implementation, and ongoing compliance with its plan.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.19. The primary health service hospital shall operate under the following requirements: (a) The primary health service hospital shall be subject to the regulations contained in Division 5 (commencing with Section 70001) of Title 22 of the California Administrative Code that are not waived as a result of the health service plan or subsequent amendments to such plan. (b) Services offered by the primary health service hospital shall be limited in scope according to its license or authorized by an approved health service plan, and any subsequent amendments thereto. (c) All or a portion of the health service plan shall be implemented, based upon an agreed timetable between the state department and the hospital, and to the extent that state and federal requirements are waived. (d) The hospital shall remain in compliance with its plan in accordance with subdivision (c). (Amended by Stats. 1983, Ch. 1285, Sec. 5.)
  135. 1339.21.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    The state department must terminate a hospital’s plan or designation when compliance or patient safety conditions are not met. A primary health service hospital may end its own designation or plan, but only with 30 days’ notice, and the hospital must revert to its prior status after termination.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.21. (a) In accordance with the procedures prescribed in subdivision (h) of Section 1339.7, the state department shall terminate a hospital’s health service plan or its designation as a primary health service hospital, or both, when it finds that the hospital is not in compliance with Section 1339.19 or the welfare or safety of the patients served by the facility is adversely affected, or both. (b) A primary health service hospital may terminate its designation or health service plan, or both, after giving a 30-day notice to the state department. (c) Upon termination from the project, as prescribed by this section, the hospital shall revert to the same status it held immediately preceding its designation or approval of its plan, or both. (Amended by Stats. 1982, Ch. 1010, Sec. 19.)
  136. 1339.25.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    Departments within the Health and Welfare Agency may waive, exempt, and flexibly enforce requirements for administering this article, if federal law allows.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.25. Implementation of this article shall be consistent with federal rules and regulations in effect on January 1, 1979, and as adopted on or after such date. In keeping with the intent in enacting this article and to the extent permitted by federal law, each department within the Health and Welfare Agency may waive requirements, provide exemptions to the enforcement of statutes upon which the requirements were based, allow flexible enforcement of regulations and policies, and make resources available which are necessary for the administration of this article, including technical assistance to primary health service hospitals in developing their health service plans. (Amended by Stats. 1982, Ch. 1010, Sec. 21.)
  137. 1339.3.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    The Legislature intends to let the state department designate certain general acute care hospitals as primary health service 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.3. It is, therefore, the intent of the Legislature to designate certain general acute care hospitals as primary health service hospitals, which will facilitate the diversification of the small rural hospital. The designation shall apply only to those general acute care hospitals that meet the criteria set forth in this article and which are designated by the state department. (Repealed and added by Stats. 1982, Ch. 1010, Sec. 3.)
  138. 1339.30.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. )

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    This section creates a Special Hospital: Hospice Pilot Project and requires the department to run it and license participating facilities as special hospitals: hospice.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. ) ## 1339.30. A Special Hospital: Hospice Pilot Project is hereby created. This pilot project shall be established and administered by the department, and shall consist of up to three pilot projects, one of which shall be located in San Diego. The department shall license facilities that are part of the pilot project for the duration of the pilot project as a special hospital: hospice. No person or entity shall be licensed as a special hospital: hospice unless that person or entity is participating in this pilot project. The purpose of the pilot project is to determine the need of hospice patients for acute inpatient hospital care. This article shall not preclude the provision of appropriate hospice services in other settings. The pilot project does not constitute an approved project as defined in subdivision (b) of Section 128130. (Amended by Stats. 1996, Ch. 1023, Sec. 161. Effective September 29, 1996.)
  139. 1339.31.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. )

    Verify source ↗

    This section defines terms used for hospice-related provisions, including hospice, palliative care, primary care giver, primary place of residence, special hospital: hospice, and terminal illness.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. ) ## 1339.31. For the purposes of this article, the following definitions shall apply: (a) “Hospice” means a specialized form of multidisciplinary health care which is designed to provide palliative care, alleviate the physical, emotional, social and spiritual discomforts of an individual who is experiencing the last phases of life due to the existence of a terminal disease, and to provide supportive care for the primary care giver and the family of the hospice patient, and which meets all of the following criteria: (1) Considers the patient and the patient’s family, in addition to the patient, as the unit of care. (2) Utilizes a multidisciplinary team to assess the physical, medical, psychological, social, and spiritual needs of the patient and the patient’s family. (3) Requires the multidisciplinary team to develop an overall plan of care and to provide coordinated care, which emphasizes supportive services such as home care, pain control, and limited inpatient services. Limited inpatient services are intended to ensure both continuity of care and appropriateness of services for those patients who cannot be managed at home because of acute complications or the temporary absence of a capable primary care giver. (4) Provides for the palliative medical treatment of pain and symptoms associated with a terminal illness but does not provide for efforts to cure disease. (5) Provides for bereavement following death to assist the family to cope with social and emotional needs associated with the death of the patient. (6) Actively utilizes volunteers in the delivery of hospice services. (7) To the extent appropriate, based on the medical needs of the patient, provides services in the patient’s home or primary place of residence. (b) “Palliative care” means interventions that focus primarily on reduction or abatement of pain and other disease-related symptoms, rather than treatment aimed at investigation and intervention for the purpose of cure or prolongation of life. (c) “Primary care giver” means the individual who is identified as the primary person charged with responsibility for the care of the hospice patient who agrees to accept that responsibility. The individual designated may be a family member, a friend or an individual hired by the hospice patient but shall be an individual who is actually available to provide 24-hour coverage for care of the hospice patient. However, it shall not be necessary that the individual reside in the hospice patient’s home. (d) “Primary place of residence” means the patient’s long-term residence and includes the patient’s home, a friend’s home, a congregate living health facility, a hospice residential care facility, or a skilled nursing facility if the patient resides there on a permanent full-time basis. (e) “Special hospital: hospice” means a health facility which is a component part of a hospice, as defined in subdivision (a), and which provides general inpatient care, as defined in federal Medicare program regulations adopted pursuant to Section 1861(dd)(2) and Section 1814(a)(7) of the federal Social Security Act. (f) “Terminal illness” means a medical condition resulting in a life expectancy of the patient of six months, or less. (Added by Stats. 1989, Ch. 1, Sec. 2. Effective January 13, 1989.)
  140. 1339.32.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. )

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    A special hospital hospice is treated as providing acute palliative care, and inpatients must be admitted by and supervised by a physician member of the organized medical staff.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. ) ## 1339.32. A special hospital: hospice shall be deemed to provide acute palliative care. All patients receiving inpatient care in a Special Hospital: Hospice Project shall be admitted by, and under the supervision of, a physician member of the organized medical staff. (Amended by Stats. 1996, Ch. 413, Sec. 1. Effective January 1, 1997.)
  141. 1339.33.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. )

    Verify source ↗

    To be licensed as a special hospital: hospice, a project facility must comply with specified California regulations and hospice standards, and licensed hospice facilities must keep a transfer agreement with a general acute care hospital.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. ) ## 1339.33. Notwithstanding any other provisions of law, in order to be licensed as a special hospital: hospice, each project facility shall meet the requirements of Sections 70101 to 70137, inclusive, 70201 to 70219, inclusive, 70241 to 70279, inclusive, 70701 to 70707, inclusive, and 70708 to 70765, inclusive, of Title 22 of the California Code of Regulations; Sections 2-1001A to 2-1015A, inclusive, Section 2-1018A, Sections 2-1020A to 2-1024A, inclusive, Sections 2-1026A to 2-1028A, inclusive, Section 2-1040A, Section 2-1044A, and Section 2-1051A of Title 24 of the California Code of Regulations. In addition to complying with these regulations in Titles 22 and 24 of the California Code of Regulations, each facility shall meet, for the duration of the project, the hospice standards used by the Medicare program (42 C.F.R., Part 418, Sections 418.1 to 418.405, inclusive) the Medi-Cal program (subdivision (e) of Sections 51003 to 51543, inclusive, of Title 22, California Code of Regulations), and the Joint Commission on the Accreditation of Healthcare Organizations’ “Hospice Standards Manual.” Each facility licensed as a special hospital: hospice shall maintain a transfer agreement with a general acute care hospital. (Amended by Stats. 1996, Ch. 413, Sec. 2. Effective January 1, 1997.)
  142. 1339.34.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. )

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    Each project facility must report yearly to the Legislature on specified care and operations factors, and the report is due within three months after the 12-month reporting period ends.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. ) ## 1339.34. (a) Each facility that is part of the project shall report to the Legislature at the end of each year of operation on all of the following factors: (1) Acuity levels of patients using the project facilities; relative cost-effectiveness of these facilities. (2) Quality of care in the facilities. (3) Utilization of the facilities. (4) Staffing requirements of the facilities. (b) Reports shall be submitted to the Legislature no later than three months after the close of the 12-month period for which the report is made. However, the Legislature may approve requests to extend this deadline that are submitted no later than 30 days prior to the deadline and that state the reason for the delay and corrective measures that have been taken to avoid future delays. No report deadline will be extended for more than three months beyond the original report date. (Amended by Stats. 1996, Ch. 413, Sec. 3. Effective January 1, 1997.)
  143. 1339.35.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. )

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    The project must commence on January 1, 1990, unless the State Department of Health Services sets an earlier start date for a facility licensed as a special hospital: hospice before that date.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. ) ## 1339.35. The project shall commence on January 1, 1990. However, the State Department of Health Services may establish an earlier commencement date for any one of the facilities if that facility has been licensed as a special hospital: hospice prior to January 1, 1990. (Amended by Stats. 1996, Ch. 413, Sec. 4. Effective January 1, 1997.)
  144. 1339.36.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. )

    Verify source ↗

    License applicants for a Special Hospital: Hospice Pilot Project facility must pay the annual fee used for general acute care hospitals, and may owe extra annual pro rata costs if fees do not cover management expenses.

    ## 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 10.5. Special Hospital: Hospice [1339.30 - 1339.36] ( Article 10.5 added by Stats. 1989, Ch. 1, Sec. 2. ) ## 1339.36. The fee for each new or renewal application for a license for a Special Hospital: Hospice Pilot Project facility shall be the annual fee as set forth for general acute care hospitals in subdivision (a) of Section 1266. If the annual fees do not cover the necessary costs which the Division of Licensure and Certification expends to manage this pilot project, the facilities shall be assessed an annual pro rata share of the excess costs. (Added by Stats. 1989, Ch. 1, Sec. 2. Effective January 13, 1989.)
  145. 1339.40.

    ## 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. )

    Verify source ↗

    This section defines key hospice terms for Article 10.6, including hospice care, hospice facility, inpatient hospice care, and related service terms.

    ## 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. ) ## 1339.40. For the purposes of this article, the following definitions apply: (a) “Bereavement services” has the same meaning as defined in subdivision (a) of Section 1746. (b) “Hospice care” means a specialized form of interdisciplinary health care that is designed to provide palliative care, alleviate the physical, emotional, social, and spiritual discomforts of an individual who is experiencing the last phases of life due to the existence of a terminal disease, and provide supportive care to the primary caregiver and the family of the hospice patient, and that meets all of the following criteria: (1) Considers the patient and the patient’s family, in addition to the patient, as the unit of care. (2) Utilizes an interdisciplinary team to assess the physical, medical, psychological, social, and spiritual needs of the patient and the patient’s family. (3) Requires the interdisciplinary team to develop an overall plan of care and to provide coordinated care that emphasizes supportive services, including, but not limited to, home care, pain control, and limited inpatient services. Limited inpatient services are intended to ensure both continuity of care and appropriateness of services for those patients who cannot be managed at home because of acute complications or the temporary absence of a capable primary caregiver. (4) Provides for the palliative medical treatment of pain and other symptoms associated with a terminal disease, but does not provide for efforts to cure the disease. (5) Provides for bereavement services following death to assist the family in coping with social and emotional needs associated with the death of the patient. (6) Actively utilizes volunteers in the delivery of hospice services. (7) To the extent appropriate, based on the medical needs of the patient, provides services in the patient’s home or primary place of residence. (c) “Hospice facility” means a health facility as defined in subdivision (n) of Section 1250. (d) “Inpatient hospice care” means hospice care that is provided to patients in a hospice facility, including routine, continuous and inpatient care directly as specified in Section 418.110 of Title 42 of the Code of Federal Regulations, and may include short-term inpatient respite care as specified in Section 418.108 of Title 42 of the Code of Federal Regulations. (e) “Interdisciplinary team” has the same meaning as defined in subdivision (g) of Section 1746. (f) “Medical direction” has the same meaning as defined in subdivision (h) of Section 1746. (g) “Palliative care” has the same meaning as defined in subdivision (j) of Section 1746. (h) “Plan of care” has the same meaning as defined in subdivision (l) of Section 1746. (i) “Skilled nursing services” has the same meaning as defined in subdivision (n) of Section 1746. (j) “Social services/counseling services” has the same meaning as defined in subdivision (o) of Section 1746. (k) “Terminal disease” or “terminal illness” has the same meaning as defined in subdivision (p) of Section 1746. (l) “Volunteer services” has the same meaning as defined in subdivision (q) of Section 1746. (Amended by Stats. 2013, Ch. 289, Sec. 1. (SB 816) Effective January 1, 2014.)
  146. 1339.41.

    ## 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. )

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    Hospice facilities and related providers must meet licensing and notice requirements, and the department may issue a provisional license for up to one year.

    ## 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. ) ## 1339.41. (a) A person, governmental agency, or political subdivision of the state shall not be licensed as a hospice facility under this chapter unless the person or entity is a provider of hospice services licensed pursuant to Section 1751 and is certified as a hospice facility under Part 418 of Title 42 of the Code of Federal Regulations. (b) A hospice provider that intends to provide inpatient hospice care in the hospice provider’s own facility shall submit an application and fee for licensure as a hospice facility under this chapter. Notwithstanding the maximum period for a provisional license under subdivision (b) of Section 1268.5, the department may issue a provisional license to a hospice facility for a period of up to one year. (c) A verified application for a new license completed on forms furnished by the department shall be submitted to the department upon the occurrence of either of the following: (1) Establishment of a hospice facility. (2) Change of ownership. (d) The licensee shall submit to the department a verified application for a corrected license completed on forms furnished by the department upon the occurrence of any of the following: (1) Construction of new or replacement hospice facility. (2) Increase in licensed bed capacity. (3) Change of name of facility. (4) Change of licensed category. (5) Change of location of facility. (6) Change in bed classification. (e) (1) A hospice facility that participates in the Medicare and Medicaid programs may obtain initial certification from a federal Centers for Medicare and Medicaid Services (CMS) approved accreditation organization. (2) If the CMS-approved accreditation organization conducts certification inspections, the hospice facility shall transmit to the department, within 30 days of receipt, a copy of the final accreditation report of the accreditation organization. (f) A hospice facility shall be separately licensed, irrespective of the location of the facility. (g) (1) The licensee shall notify the department in writing of any changes in the information provided pursuant to subdivision (d) within 10 days of these changes. This notice shall include information and documentation regarding the changes. (2) Each licensee shall notify the department within 10 days in writing of any change of the mailing address of the licensee. This notice shall include the new mailing address of the licensee. (3) When a change in the principal officer of a corporate licensee, including the chairman, president, or general manager occurs, the licensee shall notify the department of this change within 10 days in writing. This notice shall include the name and business address of the officer. (4) Any decrease in licensed bed capacity of the facility shall require notification by letter to the department and shall result in the issuance of a corrected license. (Amended by Stats. 2013, Ch. 76, Sec. 107. (AB 383) Effective January 1, 2014.)
  147. 1339.42.

    ## 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. )

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    Unlicensed organizations may not present themselves as hospice facilities or use hospice-facility terms in their name; hospice facility licensees must get criminal background checks for employees, volunteers, and contractors and pay the cost.

    ## 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. ) ## 1339.42. (a) No private or public organization, including, but not limited to, any partnership, corporation, or political subdivision of the state, or other governmental agency within the state, shall do any of the following without a license issued pursuant to this chapter: (1) Represent itself to be a hospice facility by its name or advertisement, soliciting, or any other presentments to the public, or in the context of services within the scope of this chapter imply that it is licensed to provide those services or to make any reference to employee bonding in relation to those services. (2) Use the words “hospice facility,“ “hospice home,” “hospice-facility,” or any combination of those terms, within its name. (3) Use words to imply that it is licensed as a hospice facility to provide those services. (b) A hospice facility licensee shall obtain criminal background checks for its employees, volunteers, and contractors in accordance with federal Medicare conditions of participation (42 C.F.R. Part 418 et seq.) and as may be required in accordance with state law. The hospice facility licensee shall pay the costs of obtaining a criminal background check. (Added by Stats. 2012, Ch. 673, Sec. 5. (SB 135) Effective January 1, 2013.)
  148. 1339.43.

    ## 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. )

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    Hospice facilities must provide a home-like environment and meet specified fire and building standards; some facility plans and compliance evidence must be submitted for review.

    ## 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. ) ## 1339.43. (a) A hospice facility shall provide a home-like environment that is comfortable and accommodating to both the patient and patient’s visitors. (b) Building standards for hospice facilities adopted pursuant to this chapter relating to fire and panic safety, and other regulations for hospice facilities adopted pursuant to this chapter, shall apply uniformly throughout the state. No city, county, city and county, including a charter city or charter county, or fire protection district shall adopt or enforce any ordinance or local rule or regulation relating to fire and panic safety in buildings or structures subject to this section that is inconsistent with the rules and regulations for hospice facilities adopted pursuant to this chapter. (c) The hospice facility shall meet the fire protection standards set forth in the federal Medicare conditions of participation (42 C.F.R. Part 418 et seq.). (d) A hospice facility may operate as a freestanding health facility. (1) Until the Office of the State Fire Marshal, in consultation with the Office of Statewide Health Planning and Development, develops and adopts building standards for hospice facilities, a freestanding hospice facility shall meet applicable building standards and requirements relating to the physical environment of the facility as specified in Section 418.110 of Title 42 of the Code of Federal Regulations. The building standards developed shall, at a minimum, maintain the requirements specified in that section. (2) A freestanding hospice facility shall be under the jurisdiction of the local building department. As part of the license application, the prospective licensee shall submit evidence of compliance with applicable building standards for hospice facilities. (3) The physical environment of the hospice facility shall be adequate to provide the level of care and service required by the residents of the facility as determined by the department. (e) A hospice facility may be located within the physical plant of another health facility. (1) Notwithstanding subdivision (d) and paragraphs (8) and (9) of subdivision (b) of Section 129725, a hospice facility located within the physical plant of another licensed health facility that is under the jurisdiction of the Office of Statewide Health Planning and Development, shall meet the building standards for that category of health facility within which the hospice facility is located, and plans shall be submitted to the office for review of any new construction or renovation of these hospice facilities. As part of the license application, the prospective licensee shall submit evidence of compliance with the building codes enforced by the Office of Statewide Health Planning and Development. (2) The physical environment of the facility shall be adequate to provide the level of care and service required by the residents of the facility as determined by the department. (3) In the event the space used by the hospice facility reverts back to the facility with which the hospice facility shared the space, the building standards applicable to the former shared space, as identified by date of enactment of the standards, shall not change due solely to the reversion. (4) A hospice facility that provides inpatient hospice care and is located within, adjacent to or physically connected to another health facility shall provide all of the following: (A) A designated nursing station. (B) Adequate space for the preparation of drugs with lockable, secure storage that is accessible only by authorized personnel. (C) Signage that shall clearly demarcate the hospice facility area from the facility with which the hospice facility shares space. (D) Doors for every exit and entrance to the hospice facility. (E) Contiguous beds within the designated area set aside for the hospice facility. (f) If a freestanding hospice facility is located on the site of or is physically connected to a health facility that is under the jurisdiction of the Office of Statewide Health Planning and Development or both, the hospice facility shall submit plans for any new construction or renovation of the hospice facility to the office for plan review and approval. The Office of Statewide Health Planning and Development shall review the hospice facility plans to identify any impacts to the health facility under the office’s jurisdiction that may compromise the health facility’s continued compliance with applicable laws and regulations. (Amended by Stats. 2013, Ch. 289, Sec. 2. (SB 816) Effective January 1, 2014.)
  149. 1339.44.

    ## 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. )

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    Hospice facilities must provide specified services, staffing, patient rights protections, and compliant inpatient hospice care; the department may adopt 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 10.6. Hospice Licensing [1339.40 - 1339.44] ( Article 10.6 added by Stats. 2012, Ch. 673, Sec. 5. ) ## 1339.44. (a) A hospice facility shall provide, or make provision for, all of the following services and requirements: (1) (A) Medical direction and adequate staff. Minimum staffing standards that require at least one registered nurse to be on duty 24 hours per day and a maximum of six patients assigned at any given time per direct caregiver. (B) For purposes of this section, any additional direct caregiver necessary beyond the registered nurse required pursuant to paragraph (1) may include a registered nurse, as described in Section 2732 of the Business and Professions Code, a licensed vocational nurse, as described in Section 2864 of the Business and Professions Code, and a certified nurse assistant. (2) Skilled nursing services. (3) Palliative care. (4) Social services and counseling services. (5) Bereavement services. (6) Volunteer services. (7) Dietary services. (8) Pharmaceutical services. (9) Physical therapy, occupational therapy, and speech-language therapy. (10) Patient rights. (11) Disaster preparedness. Disaster preparedness plans for both internal and external disasters shall protect hospice patients, employees, and visitors, and reflect coordination with local agencies that are responsible for disaster preparedness and emergency response. (12) An adequate, safe, and sanitary physical environment. (13) Housekeeping services. (14) Patient medical records. (15) Other administrative requirements. (b) The department may adopt regulations that establish standards for the provision of the services in subdivision (a) and any additional qualifications and requirements for licensure above the requirements of this article. (c) A hospice patient has a right to be informed of his or her rights, and the hospice facility shall protect and promote the exercise of these rights. The hospice facility shall comply with the patients’ rights regulation in Section 418.52 of Title 42 of the Code of Federal Regulations unless the department adopts regulations establishing alternative standards pursuant to Section 1250.1. In addition, the hospice facility shall provide each patient with all of the following: (1) Information at admission to a hospice facility pursuant to Chapter 3.9 (commencing with Section 1599). (2) Full information regarding his or her health status and options for end-of-life care. (3) Care that reflects individual preferences regarding end-of-life care, including the right to refuse any treatment or procedure. (4) Treatment with consideration, respect, and full recognition of dignity and individuality, including privacy in treatment and care of personal needs. (5) Right to visitors of the patient’s choosing, at any time the patient chooses, and privacy for those visits. (d) The hospice facility shall continue to provide services to family and friends after the patient’s stay in the hospice facility in accordance with the patient’s plan of care. These services may be provided by the hospice services program that operates the hospice facility. (e) The hospice facility shall demonstrate the ability to meet licensing requirements and shall be fully responsible for meeting all licensing requirements, regardless of whether those requirements are met through direct provision by the facility or under contract with another entity. The hospice facility’s reliance on contractors to meet the licensing requirements does not exempt the hospice facility from any requirements or in any way alter the hospice facility’s responsibilities. When a health facility provides services under contract to a hospice facility, nothing shall preclude the department from holding the health facility responsible for violations of the law, if the department determines that the facts also constitute a separate violation for the health facility providing services under contract. (f) The hospice facility shall provide inpatient hospice care in compliance with Section 418.3 and Sections 418.52 to 418.116, inclusive, of Title 42 of the Code of Federal Regulations until the department adopts regulations establishing alternative standards pursuant to Section 1250.1. (Added by Stats. 2012, Ch. 673, Sec. 5. (SB 135) Effective January 1, 2013.)
  150. 1339.5.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    This section defines key terms used in the article, including “health systems agency,” “primary care mid-level health practitioner,” and “swing bed.”

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.5. As used in this article, unless otherwise indicated: (a) “Health systems agency” means a health systems agency established pursuant to Public Law 93-641. (b) “Primary care mid-level health practitioner” means a physician assistant certified pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code and also means a registered nurse who meets the standards for a nurse practitioner adopted pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code, and also means a nurse midwife certified pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (c) “Swing bed” means beds licensed for general acute care pursuant to Section 1250.1 that may, subject to this article, be used as skilled nursing beds, as classified in Section 1250.1. Swing beds shall retain the general acute care bed classification, for the purposes of Chapter 1 (commencing with Section 127125) of Part 2 of Division 107. (Amended by Stats. 1996, Ch. 1023, Sec. 159. Effective September 29, 1996.)
  151. 1339.50.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. )

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    This section says the article is named the Payers’ Bill of Rights and may be cited by that name.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. ) ## 1339.50. This article shall be known and may be cited as the Payers’ Bill of Rights. (Added by Stats. 2003, Ch. 582, Sec. 6. Effective January 1, 2004.)
  152. 1339.51.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. )

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    Hospitals must make a charge description master available, post notice about it in specified locations, and include quality-information sources when giving charge information. Small and rural hospitals are exempt from the availability requirement.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. ) ## 1339.51. (a) (1) Beginning July 1, 2004, a hospital, as defined in paragraph (2) of subdivision (b), shall make a written or electronic copy of its charge description master available, either by posting an electronic copy of the charge description master on the hospital’s Internet Web site, or by making one written or electronic copy available at the hospital location. (2) A small and rural hospital, as defined in Section 124840, shall be exempt from paragraph (1). (b) For purposes of this article, the following definitions shall apply: (1) “Charge description master” means a uniform schedule of charges represented by the hospital as its gross billed charge for a given service or item, regardless of payer type. (2) “Hospital” means a hospital, as defined in subdivision (a), (b), or (f) of Section 1250, that uses a charge description master. (3) “Office” means the Office of Statewide Health Planning and Development. (c) The hospital shall post a clear and conspicuous notice in its emergency department, if any, in its admissions office, and in its billing office that informs patients that the hospital’s charge description master is available in the manner described in subdivision (a). (d) Any information about charges provided pursuant to subdivision (a) shall include information about where to obtain information regarding hospital quality, including hospital outcome studies available from the office and hospital survey information available from the Joint Commission for Accreditation of Healthcare Organizations. (Added by Stats. 2003, Ch. 582, Sec. 6. Effective January 1, 2004.)
  153. 1339.52.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. )

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    A hospital may not make acceptance of a contract depend on a health care service plan or health insurer waiving any provision of this article.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. ) ## 1339.52. A hospital may not condition acceptance of a contract with a health care service plan or health insurer upon the health care service plan or health insurer waiving any provision of this article. (Added by Stats. 2003, Ch. 582, Sec. 6. Effective January 1, 2004.)
  154. 1339.54.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. )

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    Any person may file a claim with the department about a violation of this article, and the department must investigate and tell the complaining person what it decided and what action it will take.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. ) ## 1339.54. Any person may file a claim with the department alleging a violation of this article. The department shall investigate and inform the complaining person of its determination whether a violation has occurred and what action it will take. (Added by Stats. 2003, Ch. 582, Sec. 6. Effective January 1, 2004.)
  155. 1339.55.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. )

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    Each hospital must file its charge description master with the office every year, calculate a gross-revenue increase estimate tied to price increases, and submit the calculation and supporting documents when the master is filed.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. ) ## 1339.55. (a) Beginning July 1, 2004, each hospital shall file a copy of its charge description master annually with the office, in a format determined by the office. (b) Each hospital shall calculate an estimate of the percentage increase in the hospital’s gross revenue due to any price increase for charges for patient services during the 12-month period beginning with the effective date of the charge description master filed with the office. Each hospital shall file the calculation and supporting documentation with the office, in a form prescribed by the office, at the time that the charge description master is filed. The office may compile and publish this information on its Internet Web site. (Added by Stats. 2003, Ch. 582, Sec. 6. Effective January 1, 2004.)
  156. 1339.56.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. )

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    Hospitals must compile, submit, and provide on request lists of procedure counts and average charges; the office must create, update, and publish the related information.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. ) ## 1339.56. (a) Each hospital shall compile a list of 25 common outpatient procedures and shall submit annually to the office a list of its average charges for those procedures, in a method determined by the office. The office may develop a uniform reporting form for the purposes of this subdivision and may require hospitals to file this completed form with the office. The office shall publish this information on its Internet Web site. (b) The office shall establish a list of the 25 most commonly performed inpatient procedures in California hospitals, as grouped by Medicare diagnostic-related group. The office shall develop a list of each hospital’s average charges for those procedures, if applicable, and shall update the list at least annually. The office shall publish this information on its Internet Web site. (c) Each hospital shall provide a copy of the lists described in subdivisions (a) and (b) to any person upon request. (Amended by Stats. 2005, Ch. 532, Sec. 1. Effective January 1, 2006.)
  157. 1339.58.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. )

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    The office may use information on its website to tell people where hospital quality-of-care information can be found.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. ) ## 1339.58. Any information provided by the office on its Internet Web site pursuant to Section 1339.56 or 1339.57 may inform persons where quality of care information about hospitals may be obtained, including hospital outcome studies available from the office and hospital survey information available from the Joint Commission for Accreditation of Healthcare Organizations. (Added by Stats. 2003, Ch. 582, Sec. 6. Effective January 1, 2004.)
  158. 1339.585.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. )

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    Hospitals must give uninsured patients a written price estimate and provide financial assistance/charity care information plus an application form, except for emergency services under Section 1317.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. ) ## 1339.585. For a person without health coverage, a hospital shall provide the person with a written estimate of the amount the hospital will require the person to pay for the health care services, procedures, and supplies that are reasonably expected to be provided to the person by the hospital, based upon an average length of stay and services provided for the person’s diagnosis. The hospital may provide this estimate during normal business office hours. In addition to the estimate, the hospital shall provide information about its financial assistance and charity care policies and contact information for a hospital employee or office from which the person may obtain further information about these policies. The hospital shall also provide the person with an application form for financial assistance or charity care. This section shall not apply to emergency services provided to a person pursuant to Section 1317. (Amended by Stats. 2021, Ch. 465, Sec. 1. (AB 532) Effective January 1, 2022.)
  159. 1339.59.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. )

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    A hospital violates this article if it knowingly or negligently fails to comply with the article’s requirements.

    ## 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 11. Payers’ Bill of Rights [1339.50 - 1339.59] ( Article 11 added by Stats. 2003, Ch. 582, Sec. 6. ) ## 1339.59. (a) A hospital shall be in violation of this article if it knowingly or negligently fails to comply with the requirements of this article. (b) A hospital that does not file with the office the information required by this article may be liable for civil penalties as specified in Section 128770. (Amended by Stats. 2005, Ch. 532, Sec. 4. Effective January 1, 2006.)
  160. 1339.63.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.05. Minimization of Medication-Related Errors [1339.63- 1339.63.] ( Chapter 2.05 added by Stats. 2000, Ch. 816, Sec. 1. )

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    Certain hospitals and surgical clinics must create and implement a formal medication-error reduction plan, submit it for state review, and meet specified deadlines.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.05. Minimization of Medication-Related Errors [1339.63- 1339.63.] ( Chapter 2.05 added by Stats. 2000, Ch. 816, Sec. 1. ) ## 1339.63. (a) (1) As a condition of licensure under this division, every general acute care hospital, as defined in subdivision (a) of Section 1250, special hospital, as defined in subdivision (f) of Section 1250, and surgical clinic, as defined in paragraph (1) of subdivision (b) of Section 1204, shall adopt a formal plan to eliminate or substantially reduce medication-related errors. With the exception of small and rural hospitals, as defined in Section 124840, this plan shall include technology implementation, such as, but not limited to, computerized physician order entry or other technology that, based upon independent, expert scientific advice and data, has been shown effective in eliminating or substantially reducing medication-related errors. (2) Each facility’s plan shall be provided to the State Department of Health Services no later than January 1, 2002. Within 90 days after submitting a plan, the department shall either approve the plan, or return it to the facility with comments and suggestions for improvement. The facility shall revise and resubmit the plan within 90 days after receiving it from the department. The department shall provide final written approval within 90 days after resubmission, but in no event later than January 1, 2003. The plan shall be implemented on or before January 1, 2005. (b) Any of the following facilities that is in the process of constructing a new structure or retrofitting an existing structure for the purposes of complying with seismic safety requirements shall be exempt from implementing a plan by January 1, 2005: (1) General acute care hospitals, as defined in subdivision (a) of Section 1250. (2) Special hospitals, as defined in subdivision (f) of Section 1250. (3) Surgical clinics, as defined in paragraph (1) of subdivision (b) of Section 1204. (c) The implementation date for facilities that are in the process of constructing a new structure or retrofitting an existing structure is six months after the date of completion of all retrofitting or new construction. The exemption and new implementation date specified in subdivision (b) and this subdivision apply to those facilities that have construction plans and financing for projects in place no later than July 1, 2002. (d) For purposes of this chapter, a “medication-related error” means any preventable medication-related event that adversely affects a patient in a facility listed in subdivision (a), and that is related to professional practice, or health care products, procedures, and systems, including, but not limited to, prescribing, prescription order communications, product labeling, packaging and nomenclature, compounding, dispensing, distribution, administration, education, monitoring, and use. (e) Each facility’s plan shall do the following: (1) Evaluate, assess, and include a method to address each of the procedures and systems listed under subdivision (d) to identify weaknesses or deficiencies that could contribute to errors in the administration of medication. (2) Include an annual review to assess the effectiveness of the implementation of each of the procedures and systems listed under subdivision (d). (3) Be modified as warranted when weaknesses or deficiencies are noted to achieve the reduction of medication errors. (4) Describe the technology to be implemented and how it is expected to reduce medication-related errors as described in paragraph (1) of subdivision (a). (5) Include a system or process to proactively identify actual or potential medication-related errors. The system or process shall include concurrent and retrospective review of clinical care. (6) Include a multidisciplinary process, including health care professionals responsible for pharmaceuticals, nursing, medical, and administration, to regularly analyze all identified actual or potential medication-related errors and describe how the analysis will be utilized to change current procedures and systems to reduce medication-related errors. (7) Include a process to incorporate external medication-related error alerts to modify current processes and systems as appropriate. Failure to meet this criterion shall not cause disapproval of the initial plan submitted. (f) Beginning January 1, 2005, the department shall monitor the implementation of each facility’s plan upon licensure visits. (g) The department may work with the facility’s health care community to present an annual symposium to recognize the best practices for each of the procedures and systems listed under subdivision (d). (Amended by Stats. 2003, Ch. 62, Sec. 177. Effective January 1, 2004.)
  161. 1339.7.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    The state department must run this program and carry out the listed hospital-review, designation, hearing, waiver, information-sharing, and technical-assistance duties.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.7. The state department shall administer the program authorized in this article. In administering the program, the state department shall do all of the following: (a) Verify hospital eligibility, pursuant to Section 1339.9, and designate those hospitals as primary health service hospitals. (b) Establish criteria for the health service plans pursuant to Section 1339.15. (c) Review a general acute care hospital’s health service plan based upon recommendations of the local health systems agency, input from local public meetings, recommendations of the medical advisory panel, as appropriate, and the adequacy of the plan in meeting the criteria established pursuant to this section. The state department shall approve, deny, or defer the plan in whole or in part, and shall notify the hospital of its findings, in writing, within 120 days after receipt of the plan. The plan shall be deemed approved if the hospital has not received notification from the state department within the 120-day period. (d) Negotiate and grant exceptions to the licensure requirements for general acute care hospitals that are necessary to serve the purposes of this article when the granting of those exceptions do not jeopardize the health and welfare of the patients. Exceptions that are granted shall be consistent with the primary health service hospital’s plan and any amendments thereto. (e) Convene an advisory panel to review the medical-surgical and obstetrical services proposed as part of the primary hospital service plan and make recommendations to the state department on the medical appropriateness of those services according to the primary health service hospital’s proposed plan. The panel shall include, but not be limited to, a rural hospital administrator, a rural family physician and surgeon, a rural hospital nurse administrator, an internist, a primary care mid-level practitioner, and a physician and surgeon from a hospital which serves as a referral center for rural hospitals. (f) Issue evidence of primary health service hospital designation and evidence of the number of acute care beds approved as swing beds pursuant to paragraph (4) of subdivision (b) of Section 1339.15. (g) Monitor the performance of the primary health service hospital to assure compliance with the hospital’s plan and licensure requirements from which those hospitals are not exempt. (h) Immediately upon the denial of a primary health service hospital’s health service plan, or a portion thereof, notify the hospital in writing. Within 20 days after the state department mails the notice, the hospital may present a written petition for a hearing to the state department. Upon receipt by the state department of the petition in proper form, the petition shall be set for hearing. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the state department shall have all the powers granted therein. (i) Compile and make available to health systems agencies and primary health service hospitals, information regarding state and federal funding programs for which the primary health service hospital may be eligible, the procedures necessary to apply for funding, and a description of how such requests may be incorporated into a primary health service hospital’s plan and opportunities for diversification of services, the requirements and feasibility, and the procedures for development of those services. (j) On behalf of primary health service hospitals, seek appropriate federal waivers consistent with the intent of this act. (k) Contract with one or more health systems agencies to perform the functions specified in subdivision (c) of Section 1339.11. (l) Develop or assist hospitals submitting a primary health service plan pursuant to Section 1339.15 to develop the following: (1) Alternative methods of filing claims which reduce administrative costs. (2) Alternative methods of Medi-Cal payment to hospitals. (3) Other methods of filing claims which reduce administrative costs. (4) Simplified and abbreviated procedures required by the department of Medi-Cal costs reports. (5) An abbreviated medical and social review process and other control processes. (m) Provide technical assistance to primary health service hospitals in development of their health service plan. (Amended by Stats. 2019, Ch. 632, Sec. 6. (AB 1622) Effective January 1, 2020.)
  162. 1339.70.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.1. Establishment of County Departments Pertaining to Out-of-Home Care Facilities [1339.70- 1339.70.] ( Chapter 2.1 added by Stats. 1978, Ch. 275. )

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    A county may create a county department by ordinance and combine related functions in it; the ordinance must specify the department’s duties.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.1. Establishment of County Departments Pertaining to Out-of-Home Care Facilities [1339.70- 1339.70.] ( Chapter 2.1 added by Stats. 1978, Ch. 275. ) ## 1339.70. Notwithstanding any other provision of law, a county may by ordinance establish a department of the county which may combine in the department any or all of the functions specified in this section or related functions. The duties of the department shall be specified in the county ordinance establishing the department. Such duties may include the following: (a) The performance of any function which is authorized by Section 1257 to be delegated to local health departments, to the extent delegated by the state department to the department established pursuant to this section. For purposes of this section and Section 1257, a department established pursuant to this section shall be deemed to be a local health department. (b) The performance of any function which is authorized by Section 1511 to be delegated by the state department to a county, to the extent delegated by the state department to the department authorized by this section. (c) The performance of any function in connection with, or related to, the certification of health facilities or community care facilities for participation in programs conducted pursuant to Title XVIII, Title XIX, or other provisions of the federal Social Security Act. (d) The performance of any information and referral activities which are authorized by law to be performed by a county or any of its departments or officers in connection with health facilities or community care facilities. (e) The performance of any function authorized by law to be performed by a county or any of its officers or departments in connection with the sanitation, maintenance, occupancy, or other aspects of the physical plant or environmental management of or concerning any health facility or community care facility. For purposes of this section, the department authorized by this section shall be deemed to be a county health department under the control of a county health officer with respect to any provision of law authorizing the performance of any function concerning any health facility or community care facility by a local health department or health officer. (f) The determination of the suitability for county use, placements, or referrals of particular health facilities or community care facilities. This section shall not be construed as authorizing the performance of any activity by any county which the county would not otherwise be authorized to perform. This section shall not operate as an independent grant of authority for the performance of any function by a county, but shall permit the consolidation in an existing or new county department of any or all functions which counties are authorized to perform in connection with the matters specified in this section. For purposes of this section, “health facility” means a health facility as defined in Section 1250, and “community care facility” means a community care facility as defined in Section 1502. (Added by renumbering Section 1339.50 by Stats. 1985, Ch. 106, Sec. 79.)
  163. 1339.75.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.13. Artificial Intelligence in Health Care Services [1339.75- 1339.75.] ( Chapter 2.13 added by Stats. 2024, Ch. 848, Sec. 1. )

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    Some healthcare providers that use generative AI for patient communications about clinical information must add an AI disclaimer and instructions for contacting a human provider, unless a human licensed or certified provider reviews the communication.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.13. Artificial Intelligence in Health Care Services [1339.75- 1339.75.] ( Chapter 2.13 added by Stats. 2024, Ch. 848, Sec. 1. ) ## 1339.75. (a) A health facility, clinic, physician’s office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information shall ensure that those communications include both of the following: (1) A disclaimer that indicates to the patient that the communication was generated by generative artificial intelligence. (A) For written communications involving physical and digital media, including letters, emails, and other occasional messages, the disclaimer shall appear prominently at the beginning of each communication. (B) For written communications involving continuous online interactions, including chat-based telehealth, the disclaimer shall be prominently displayed throughout the interaction. (C) For audio communications, the disclaimer shall be provided verbally at the start and the end of the interaction. (D) For video communications, the disclaimer shall be prominently displayed throughout the interaction. (2) Clear instructions describing how a patient may contact a human health care provider, employee of the health facility, clinic, physician’s office, or office of a group provider, or other appropriate person. (b) If a communication is generated by generative artificial intelligence and read and reviewed by a human licensed or certified health care provider, the requirements of subdivision (a) do not apply. (c) For purposes of this section, the following definitions apply: (1) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (2) “Clinic” has the same meaning as defined in Section 1200. (3) “Generative artificial intelligence” means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content. (4) “Health care provider” means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. (5) “Health facility” has the same meaning as defined in Section 1250. (6) “Office of a group practice” means an office or offices in which two or more physicians are legally organized as a partnership, professional corporation, or not-for-profit corporation licensed according to subdivision (a) of Section 1204. (7) “Patient clinical information” means information relating to the health status of a patient. This information does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters. (8) “Physician’s office” means an office of a physician in solo practice. (d) (1) A violation of this section by a licensed health facility is subject to the enforcement mechanisms described in Article 3 (commencing with Section 1275) of Chapter 2. (2) A violation of this section by a licensed clinic is subject to the enforcement mechanisms described in Article 3 (commencing with Section 1225) of Chapter 1. (3) A violation of this section by a physician is subject to the jurisdiction of the Medical Board of California or the Osteopathic Medical Board of California, as appropriate. (Added by Stats. 2024, Ch. 848, Sec. 1. (AB 3030) Effective January 1, 2025.)
  164. 1339.8.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    The Office of Statewide Health Planning and Development must review and approve designated swing-bed numbers based on community need and projected utilization, and then issue a certificate of need.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.8. The Office of Statewide Health Planning and Development shall review and approve the number of swing beds that may be designated pursuant to paragraph (4) of subdivision (b) of Section 1339.15, based upon community need and projected utilization and issue a certificate of need pursuant to the review and approval. Except as provided herein, a primary health service hospital shall be subject to the requirements pertaining to approval of projects, as defined in Section 127170, that are set forth in Chapter 1 (commencing with Section 127125) of Part 2 of Division 107. (Amended by Stats. 1996, Ch. 1023, Sec. 160. Effective September 29, 1996.)
  165. 1339.80.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.15. Hospital and Other Provider Requirements for Dissemination of Information Relating to Reproductive Health Services [1339.80 - 1339.81] ( Chapter 2.15 added by Stats. 2000, Ch. 347, Sec. 1. )

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    Hospitals and other providers are not required to post, send, deliver, or otherwise provide certain reproductive-health-related statements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.15. Hospital and Other Provider Requirements for Dissemination of Information Relating to Reproductive Health Services [1339.80 - 1339.81] ( Chapter 2.15 added by Stats. 2000, Ch. 347, Sec. 1. ) ## 1339.80. Hospitals and other providers are not required to post, send, deliver, or otherwise provide the statement described in paragraph (1) of subdivision (b) of Section 1363.02, paragraph (1) of subdivision (b) of Section 10604.1 of the Insurance Code, or paragraph (1) of subdivision (b) of Section 14016.8 of the Welfare and Institutions Code. (Added by Stats. 2000, Ch. 347, Sec. 1. Effective January 1, 2001.)
  166. 1339.81.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.15. Hospital and Other Provider Requirements for Dissemination of Information Relating to Reproductive Health Services [1339.80 - 1339.81] ( Chapter 2.15 added by Stats. 2000, Ch. 347, Sec. 1. )

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    This section defines “provider” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.15. Hospital and Other Provider Requirements for Dissemination of Information Relating to Reproductive Health Services [1339.80 - 1339.81] ( Chapter 2.15 added by Stats. 2000, Ch. 347, Sec. 1. ) ## 1339.81. For purposes of this chapter, “provider” means any professional person, organization, health facility, or other person or institution licensed by the state to deliver or furnish health care services. (Added by Stats. 2000, Ch. 347, Sec. 1. Effective January 1, 2001.)
  167. 1339.85.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. )

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    This section states legislative findings about encouraging hospital supplier diversity and public disclosure of hospital diversity plans and goals.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. ) ## 1339.85. The Legislature finds and declares both of the following: (a) It is in the state’s interest to encourage competitive business opportunities for all of its people. Hospitals are uniquely positioned to build relationships within the communities they serve through the development, inclusion, and utilization of certified minority, women, lesbian, gay, bisexual, transgender (LGBT), and disabled veteran business enterprises whenever possible. National companies are able to leverage buying power to save costs to the benefit of patients. (b) By providing that each major hospital submit to the Department of Health Care Access and Information a plan explaining the hospital’s supplier diversity statement and expressing its goals regarding certified minority, women, LGBT, and disabled veteran business enterprises, and the department placing that information on the department’s internet website, that online resource will help facilitate these supplier relationships. (Amended by Stats. 2023, Ch. 840, Sec. 1. (AB 1392) Effective January 1, 2024.)
  168. 1339.86.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. )

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    This section defines terms used in the hospital procurement contracts disclosure chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. ) ## 1339.86. For the purposes of this chapter, the following definitions apply: (a) “Control” means to exercise the power to make policy decisions. (b) “Department” means the Department of Health Care Access and Information, unless otherwise specified. (c) “Director” means the Director of the Department of Health Care Access and Information, as described in Section 127005. (d) “Disabled veteran business enterprise” has the same meaning as defined in subparagraph (A) of paragraph (7) of subdivision (b) of Section 999 of the Military and Veterans Code or any successor provision. Disabled veteran business enterprise certification eligibility requirements shall be consistent with the requirements imposed by the Department of General Services, and this chapter shall only apply to a disabled veteran business enterprise certified by the Department of General Services. (e) “Group purchasing organization” means a purchasing agent that arranges for, or negotiates the purchase of, a drug, device, biological, or medical supply for a licensed hospital. (f) “LGBT business enterprise” means at least 51 percent of a business is owned by a lesbian, gay, bisexual, or transgender person or persons. (g) “Minority business enterprise” means a business enterprise, physically located in the United States or its trust territories, that is at least 51 percent owned by a minority group or groups, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority groups. “Minority” includes African Americans, Hispanic Americans, Native Americans, and Asian Pacific Americans. (h) “Operating expenses” means operating expenses, excluding physician professional fees, as reflected in the annual financial report submitted to the department. (i) “Women business enterprise” means a business enterprise physically located in the United States or its trust territories, that is at least 51 percent owned by a woman or women, or, in the case of any publicly owned business at least 51 percent of the stock of which is owned by one or more women. (Amended by Stats. 2023, Ch. 840, Sec. 2. (AB 1392) Effective January 1, 2024.)
  169. 1339.87.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. )

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    Certain licensed hospitals must file an annual procurement diversity plan with the department, and the department must publish the plans online.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. ) ## 1339.87. (a) (1) By July 1, 2025, and annually, by July 1 thereafter, each licensed hospital with operating expenses of fifty million dollars ($50,000,000) or more, and each licensed hospital with operating expenses of twenty-five million dollars ($25,000,000) or more that is part of a hospital system shall submit to the department a plan for increasing procurement from minority, women, LGBT, and disabled veteran business tier 1 and tier 2 enterprises. (2) The plan shall include all of the following: (A) The hospital’s supplier diversity policy statement. (B) Short- and long-term goals and timetables, but not quotas, for increasing procurement from minority, women, LGBT, and disabled veteran business enterprises. (C) The hospital’s outreach and communications to minority, women, LGBT, and disabled veteran business enterprises, including all of the following: (i) The methods in which the hospital encourages and seeks out both prime suppliers and subcontract suppliers from minority, women, LGBT, and disabled veteran business enterprises to become potential suppliers. (ii) The methods in which the hospital encourages its employees involved in procurement to seek out minority, women, LGBT, and disabled veteran business enterprises to become potential suppliers. (iii) The methods in which the hospital conducts outreach and communication to minority, women, LGBT, and disabled veteran business enterprises. (iv) The methods in which the hospital supports, partners with, or interacts with organizations and other entities in the procurement ecosystem that promote, certify, or contract with minority, women, LGBT, and disabled veteran business enterprises. (v) The methods in which the hospital resolves any issues that may limit or impede an enterprise from becoming a supplier. (vi) Information regarding appropriation contacts at the hospital for interested business enterprises, including the contact information of a diverse business outreach liaison and a description of the hospital’s procurement process. (D) (i) The hospital’s procurements that are made from minority, women, LGBT, and disabled veteran business enterprises with at least a majority of the enterprise’s workforce in California, with each category aggregated separately, to the extent that information is readily accessible. (ii) A hospital that is part of a hospital system or is organized within a regional network within a hospital system may report the diversity of its procurement in compliance with this subparagraph from a systemwide or regional network level if there are suppliers that provide services or goods to all hospitals within the hospital system or regional network. A hospital shall report the diversity of the remainder of its procurement, including the suppliers that do not resource the entire hospital system or regional network, as an individual hospital. (E) The planned and past implementation of relevant recommendations made by the hospital diversity commission, as described in paragraph (1) of subdivision (d) of Section 1339.88. (3) The plan may include other relevant information. (b) This section shall not be construed to require quotas, set-asides, or preferences in a licensed hospital’s procurement of goods or services, nor does this section apply to hospital producer or licensee contracts. Licensed hospitals retain the authority to use business judgment to select the supplier for a particular contract. (c) Failure to file the plan required by subdivision (a) shall subject the licensed hospital to a civil penalty of one hundred dollars ($100) per day. A hospital may request, and the department may grant, a 30-day extension to file the plan if needed due to unintended or unforeseen delays. The penalty imposed by this section shall be enforced by the department and is appealable by means of any remedy provided by Sections 128770 and 128775. This subdivision is the sole means for enforcement of this section. (d) The department shall establish and maintain a link on the department’s internet website that provides public access to the contents of each licensed hospital’s plan on minority, women, LGBT, and disabled veteran business enterprise procurement efforts. The department shall include a statement on the department’s internet website that the information contained in the hospital’s plan on minority, women, LGBT, and disabled veteran business enterprises is provided for informational purposes only. (e) The Legislature finds and declares that each licensed hospital and hospital that is part of a hospital system that is not required to submit a plan pursuant to subdivision (a) is encouraged to voluntarily adopt a plan for increasing procurement from minority, women, LGBT, and disabled veteran business enterprises. (f) The department may review the plans described in this section for completeness. (g) The department, in consultation with the hospital diversity commission, shall establish guidelines for hospitals to voluntarily utilize when pursuing procurement efforts, activities, or programs in accordance with this chapter. (h) This section shall become operative on January 1, 2025. (Repealed (in Sec. 3) and added by Stats. 2023, Ch. 840, Sec. 4. (AB 1392) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
  170. 1339.88.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. )

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    The department must create a hospital diversity commission, and the director must appoint commissioners and fill vacancies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. ) ## 1339.88. (a) The department shall convene a hospital diversity commission comprised of the public and health care, diversity, and procurement stakeholders, as set forth in this section. (b) The hospital diversity commission shall be comprised of the following commissioners who are appointed by the director: (1) One commissioner who is a member of the public and shall serve as the chair of the commission. (2) Two commissioners who are representatives of the hospital industry who, at the time of appointment, serve as practitioners in the field of supplier diversity. (3) Two commissioners who are representatives of a minority business enterprise. (4) Two commissioners who are representatives of a women business enterprise. (5) One commissioner who is a representative of a disabled veteran business enterprise. (6) One commissioner who is a representative of an LGBT business enterprise. (7) Two commissioners with expertise in the field of supplier diversity. (8) One commissioner who is a representative of a group purchasing organization, manufacturer, or vendor of goods and services for hospitals who, at the time of appointment, is a practitioner or expert in the field of supplier diversity. (9) An additional commissioner, at the discretion of the director. (c) (1) The initial terms of the commissioners shall be established to create staggered terms of office by drawing lots at the first meeting of the commission. Half of the commissioners shall serve a two-year term, and the other half of the commissioners shall serve a one-year term. (2) After an initial term of office is complete, a commissioner shall serve a two-year term. (3) The director shall fill a vacancy in the term of a commissioner. (d) The functions of the hospital diversity commission shall include, but not be limited to, both of the following: (1) Advise and provide recommendations to the director and the hospital industry on the best methods to increase procurement with diverse suppliers within the hospital industry. (2) Meet quarterly or as deemed necessary by the director. (e) The department may, upon appropriation by the Legislature for this purpose, provide compensation to the commissioners for their services, and the department may reimburse the commissioners for their actual and necessary expenses incurred in connection with attending a meeting of the commission. (f) The department shall undertake outreach and provide assistance, based on the commission’s recommendations, to hospitals, manufacturers, vendors, or group purchasing organizations of hospital goods and services seeking to adopt the recommendations described in paragraph (1) of subdivision (d) or to increase procurement from minority, women, LGBT, and disabled veteran business enterprises. (g) The department shall undertake outreach and provide assistance, based on the commission’s recommendations, to minority, women, LGBT, and disabled veteran business enterprises seeking to be a supplier for a hospital, manufacturer, vendor, or group purchasing organization of hospital goods and services. (h) The department shall review and revise, if necessary, the department’s conflicts of interest regulations to ensure that each commissioner is required to disclose conflicts of interest to the public. (i) The hospital diversity commission shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2023, Ch. 840, Sec. 5. (AB 1392) Effective January 1, 2024.)
  171. 1339.89.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. )

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    The department may create and run a clearinghouse for certain business enterprises if the Legislature appropriates money for that purpose. Hospitals and similar entities are not required to use it, and they may choose either listed businesses or other qualifying businesses when making procurement choices.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.17. Hospital procurement contracts: disclosures [1339.85 - 1339.89] ( Chapter 2.17 added by Stats. 2019, Ch. 815, Sec. 1. ) ## 1339.89. (a) The department may, upon appropriation by the Legislature for this purpose, establish and operate a clearinghouse to maintain a database, and verify the statuses, of minority, women, LGBT, and disabled veteran businesses enterprises that are prime suppliers or subcontract suppliers to hospitals or other entities in the procurement ecosystem of hospital goods and services. (b) Subdivision (a) shall not be construed to require a hospital or other entity to utilize the clearinghouse. A hospital, in order to increase procurement from minority, women, LGBT, and disabled veteran business enterprises as reported by the hospital to the department pursuant to subdivisions (a) and (d) of Section 1339.87, or any other entity in the procurement ecosystem of hospital goods and services for purposes of procurement that it elects to pursue, may choose business enterprises that are included in the clearinghouse described in subdivision (a), or may choose other minority, women, LGBT, and disabled veteran business enterprises not included in the clearinghouse and that are prime suppliers and subcontract suppliers of hospital goods and services. (Added by Stats. 2023, Ch. 840, Sec. 6. (AB 1392) Effective January 1, 2024.)
  172. 1339.9.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. )

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    A hospital is only eligible for designation as a primary health service hospital if it is properly licensed and meets one of three location-and-bed-count criteria.

    ## 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 10. Primary Health Service Hospitals [1339 - 1339.25] ( Article 10 added by Stats. 1978, Ch. 1332. ) ## 1339.9. In order to be eligible for designation as a primary health service hospital, a hospital shall be licensed pursuant to subdivision (a) of Section 1250 and meet one of the following criteria: (a) Be located outside of a standard metropolitan statistical area, be located at least 15 miles from another licensed acute care hospital, and have 60 or fewer acute care beds. (b) Be located at least 20 miles from any other licensed acute care hospital and have 60 or fewer acute care beds. (c) Be the only licensed acute care hospital in the county and have fewer than 100 acute care beds. (Repealed and added by Stats. 1982, Ch. 1010, Sec. 9.)
  173. 1340.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    This chapter may be cited as the Knox-Keene Health Care Service Plan Act of 1975.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1340. This chapter shall be known and may be cited as the Knox-Keene Health Care Service Plan Act of 1975. (Added by Stats. 1975, Ch. 941.)
  174. 134000.

    ## Health and Safety Code - HSC ## DIVISION 114.01. Preserving Access to Affordable Drugs [134000 - 134002] ( Division 114.01 added by Stats. 2019, Ch. 531, Sec. 1. )

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    This section defines terms used in Division 114.01 on preserving access to affordable drugs.

    ## Health and Safety Code - HSC ## DIVISION 114.01. Preserving Access to Affordable Drugs [134000 - 134002] ( Division 114.01 added by Stats. 2019, Ch. 531, Sec. 1. ) ## 134000. For purposes of this division: (a) “ANDA” means abbreviated new drug application. (b) “ANDA filer” means a party that owns or controls an ANDA filed with the Food and Drug Administration or has the exclusive rights under that ANDA to distribute the ANDA product. (c) “Agreement” means anything that would constitute an agreement under California state law or a “trust” under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Division 7 of the Business and Professions Code). (d) “Agreement resolving or settling a patent infringement claim” includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. This shall include, but is not limited to, the following: (1) Any agreement required to be provided to the Federal Trade Commission or the Antitrust Division of the United States Department of Justice under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). (2) Any agreement between a biosimilar or interchangeable product applicant and a reference product sponsor under the Biologics Price Competition and Innovation Act of 2009 (BPCIA) (Public Law 111-148) that resolves patent claims between the applicant and sponsor. (e) “Biosimilar biological product application filer” means a party that owns or controls a biosimilar biological product application filed with the Food and Drug Administration under Section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product, or that has the exclusive rights under the application to distribute the biosimilar biological product. (f) “NDA” means new drug application. (g) “Nonreference drug filer” means either: (1) An ANDA filer. (2) A biosimilar biological product application filer. (h) “Nonreference drug product” means the product to be manufactured under an ANDA that is the subject of the patent infringement claim, a biosimilar biological product that is the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim, or both. (i) “Patent infringement” means infringement of any patent or of any filed patent application, extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (j) “Patent infringement claim” means any allegation made to a nonreference drug filer, whether or not included in a complaint filed with a court of law, that its nonreference drug product or application infringes any patent held by, or exclusively licensed to, the reference drug holder. (k) “Reference drug holder” means either: (1) A brand holder that is any of the following: (A) The holder of an approved NDA for a drug product application filed under Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)). (B) A person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the “FDA Orange Book”) in connection with the NDA. (C) The predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with, any of the entities described in subparagraph (A) or (B), with control to be presumed by direct or indirect share ownership of 50 percent or greater, as well as the licensees, licensors, successors, and assigns of each of those entities. (2) A biological product licenseholder, which means any of the following: (A) The holder of an approved biological product license application for a biological drug product under Section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)). (B) A person owning or controlling enforcement of any patents that claim the biological product that is the subject of the approved biological patent license application. (C) The predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with, any of the entities described in subparagraph (A) or (B), with control to be presumed by direct or indirect share ownership of 50 percent or greater, as well as the licensees, licensors, successors, and assigns of each of those entities. (l) “Reference drug product” means the product to be manufactured by the reference drug holder and includes both branded drugs of the NDA holder and the biologic drug product of the biologic product license applicant. (m) “Statutory exclusivity” means those prohibitions on the approval of drug applications under clauses (ii) through (iv), inclusive, of Section 505(c)(3)(E) (5-year and 3-year data exclusivity), Section 527 (orphan drug exclusivity), or Section 505A (pediatric exclusivity), of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)(3)(E), 360cc, and 355a, respectively) or on the licensing of biological product applications under Section 262(k)(7) of Title 42 of the United States Code (12-year exclusivity) or Section 262(m)(2) or (3) of Title 42 of the United States Code (pediatric exclusivity). (Added by Stats. 2019, Ch. 531, Sec. 1. (AB 824) Effective January 1, 2020.)
  175. 134002.

    ## Health and Safety Code - HSC ## DIVISION 114.01. Preserving Access to Affordable Drugs [134000 - 134002] ( Division 114.01 added by Stats. 2019, Ch. 531, Sec. 1. )

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    Certain patent-settlement agreements for pharmaceutical products are presumed anti-competitive and can violate this section unless the parties prove an exception applies.

    ## Health and Safety Code - HSC ## DIVISION 114.01. Preserving Access to Affordable Drugs [134000 - 134002] ( Division 114.01 added by Stats. 2019, Ch. 531, Sec. 1. ) ## 134002. (a) (1) Except as provided in paragraph (3), an agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a pharmaceutical product, shall be presumed to have anticompetitive effects and shall be a violation of this section if both of the following apply: (A) A nonreference drug filer receives anything of value from another company asserting patent infringement, including, but not limited to, an exclusive license or a promise that the brand company will not launch an authorized generic version of its brand drug. (B) The nonreference drug filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the nonreference drug filer’s product for any period of time. (2) As used in subparagraph (A) of paragraph (1), “anything of value” does not include a settlement of a patent infringement claim in which the consideration granted by the brand or reference drug filer to the nonreference drug filer as part of the resolution or settlement consists of only one or more of the following: (A) The right to market the competing product in the United States before the expiration of either: (i) A patent that is the basis for the patent infringement claim. (ii) A patent right or other statutory exclusivity that would prevent the marketing of the drug. (B) A covenant not to sue on a claim that the nonreference drug product infringes a United States patent. (C) Compensation for saved reasonable future litigation expenses of the reference drug holder but only if both of the following are true: (i) The total compensation for saved litigation expenses is reflected in budgets that the reference drug holder documented and adopted at least six months before the settlement. (ii) The compensation does not exceed the lower of the following: (I) Seven million five hundred thousand dollars ($7,500,000). (II) Five percent of the revenue that the nonreference drug holder projected or forecasted it would receive in the first three years of sales of its version of the reference drug documented at least 12 months before the settlement. If no projections or forecasts are available, the compensation does not exceed two hundred fifty thousand dollars ($250,000). (D) An agreement resolving or settling a patent infringement claim that permits a nonreference drug filer to begin selling, offering for sale, or distributing the nonreference drug product if the reference drug holder seeks approval to launch, obtains approval to launch, or launches a different dosage, strength, or form of the reference drug having the same active ingredient before the date set by the agreement for entry of the nonreference drug filer. A different form of the reference drug does not include an authorized generic version of the reference drug. (E) An agreement by the reference drug holder not to interfere with the nonreference drug filer’s ability to secure and maintain regulatory approval to market the nonreference drug product or an agreement to facilitate the nonreference drug filer’s ability to secure and maintain regulatory approval to market the nonreference drug product. (F) An agreement resolving a patent infringement claim in which the reference drug holder forgives the potential damages accrued by a nonreference drug holder for an at-risk launch of the nonreference drug product that is the subject of that claim. (3) Parties to an agreement are not in violation of paragraph (1) if they can demonstrate by a preponderance of the evidence that either of the following are met: (A) The value received by the nonreference drug filer described in subparagraph (A) of paragraph (1) is a fair and reasonable compensation solely for other goods or services that the nonreference drug filer has promised to provide. (B) The agreement has directly generated procompetitive benefits and the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) In determining whether the parties to the agreement have met their burden under paragraph (3) of subdivision (a), the factfinder shall not presume any of the following: (1) That entry into the marketplace could not have occurred until the expiration of the relevant patent exclusivity or that the agreement’s provision for entry of the nonreference drug product before the expiration of any patent exclusivity means that the agreement is procompetitive within the meaning of subparagraph (B) of paragraph (3) of subdivision (a). (2) That any patent is enforceable and infringed by the nonreference drug filer in the absence of a final adjudication binding on the filer of those issues. (3) That the agreement caused no delay in entry of the nonreference drug filer’s drug product because of the lack of federal Food and Drug Administration (FDA) approval of that or of another nonreference drug product. (4) That the agreement caused no harm or delay due to the possibility that the nonreference drug filer’s drug product might infringe some patent that has not been asserted against the nonreference drug filer or that is not subject to a final and binding adjudication on that filer as to the patent’s scope, enforceability, and infringement. (5) This subdivision shall not be construed to preclude a party from introducing evidence regarding paragraphs (1) to (4), inclusive, and shall not be construed to preclude the factfinder from making a determination regarding paragraphs (1) to (4), inclusive, based on the full scope of the evidence. (c) In determining whether the parties to the agreement have met their burden under paragraph (3) of subdivision (a), the factfinder shall presume that the relevant product market is that market consisting of the brand or reference drug of the company alleging patent infringement and the drug product of the nonreference company accused of infringement and any other biological product that is licensed as biosimilar or is an AB-rated generic to the reference product. (d) (1) This section does not modify, impair, limit, or supersede the applicability of the antitrust laws of California as defined in the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the unfair competition law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code), or the availability of damages or remedies provided therein. This section does not modify, impair, limit, or supersede the right of any drug company applicant to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition of the federal antitrust law or state law. (2) If any provision of this division, an amendment made to this division, or the application of any provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this division, the amendments made to this division, and the application of the provisions of this division or amendments to any person or circumstance shall not be affected. (e) (1) (A) Each person that violates or assists in the violation of this section shall forfeit and pay to the State of California a civil penalty sufficient to deter violations of this section, as follows: (i) If the person who violated this section received any value due to that violation, an amount up to three times the value received by the party that is reasonably attributable to the violation of this section, or twenty million dollars ($20,000,000), whichever is greater. (ii) If the violator has not received anything of value as described in clause (i), an amount up to three times the value given to other parties to the agreement reasonably attributable to the violation of this section, or twenty million dollars ($20,000,000), whichever is greater. (iii) For purposes of this subdivision, “reasonably attributable to the violation” shall be determined by California’s share of the market for the brand drug at issue in the agreement. (B) Any penalty described in subparagraph (A) shall accrue only to the State of California and shall be recovered in a civil action brought by the Attorney General in its own name, or by any of its attorneys designated by it for that purpose, against any party to an agreement that violates this section. (2) Each party that violates or assists in the violation of this section shall be liable for any damages, penalties, costs, fees, injunctions, or other remedies that may be just and reasonable and available under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the unfair competition law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code), as applicable. (3) If the State of California is awarded penalties under subparagraph (A) of paragraph (1), it may not recover penalties pursuant to another law identified in paragraph (2). This section shall not be construed to foreclose the State of California’s ability to claim any relief or damages available in paragraph (2), other than those that are penalties. (4) An action to enforce a cause of action for a violation of this section shall be commenced within four years after the cause of action accrued. (Added by Stats. 2019, Ch. 531, Sec. 1. (AB 824) Effective January 1, 2020.)
  176. 1341.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    This section creates the Department of Managed Health Care, names its director, and gives the director authority to carry out and enforce the laws governing health care service plans.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341. (a) There is in state government, in the California Health and Human Services Agency, a Department of Managed Health Care that has charge of the execution of the laws of this state relating to health care service plans and the health care service plan business including, but not limited to, those laws directing the department to ensure that health care service plans provide enrollees with access to quality health care services and protect and promote the interests of enrollees. (b) The chief officer of the Department of Managed Health Care is the Director of the Department of Managed Health Care. The director shall be appointed by the Governor and shall hold office at the pleasure of the Governor. The director shall receive an annual salary as fixed in the Government Code. Within 15 days from the time of the director’s appointment, the director shall take and subscribe to the constitutional oath of office and file it in the office of the Secretary of State. (c) The director shall be responsible for the performance of all duties, the exercise of all powers and jurisdiction, and the assumption and discharge of all responsibilities vested by law in the department. The director has and may exercise all powers necessary or convenient for the administration and enforcement of, among other laws, the laws described in subdivision (a). (Amended by Stats. 2011, Ch. 552, Sec. 2. (AB 922) Effective January 1, 2012.)
  177. 1341.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The director must keep the principal office in Sacramento and may open branch offices in San Francisco, Los Angeles, and San Diego.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.1. The director shall have his or her principal office in the City of Sacramento, and may establish branch offices in the City and County of San Francisco, in the City of Los Angeles, and in the City of San Diego. The director shall from time to time obtain the necessary furniture, stationery, fuel, light, and other proper conveniences for the transaction of the business of the Department of Managed Health Care. (Amended by Stats. 2000, Ch. 857, Sec. 20. Effective January 1, 2001.)
  178. 1341.10.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The department may use certain unexpended funds tied to the former Department of Corporations functions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.10. The department may use the unexpended balance of funds available for use in connection with the performance of the functions of the Department of Corporations to which the department succeeds pursuant to Section 1341.9. (Added by Stats. 1999, Ch. 525, Sec. 32. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)
  179. 1341.11.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    Certain officers and employees must be transferred to the department, and their status, positions, and rights generally must stay the same.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.11. All officers and employees of the Department of Corporations who, on the operative date of this section, are performing any duty, power, purpose, responsibility, or jurisdiction to which the department succeeds, who are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested by the department by Section 1341.9, shall be transferred to the department. The status, positions, and rights of those persons shall not be affected by the transfer and shall be retained by those persons as officers and employees of the department, pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except as to positions exempted from civil service. (Added by Stats. 1999, Ch. 525, Sec. 33. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)
  180. 1341.12.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The department must have possession and control of certain records, property, and related assets connected to the Department of Corporations and the transferred functions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.12. The department shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, licenses, permits, agreements, contracts, claims, judgments, land, and other property, real or personal, connected with the administration of, or held for the benefit or use of, the Department of Corporations for the performance of the functions transferred to the department by Section 1341.9. (Added by Stats. 1999, Ch. 525, Sec. 34. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)
  181. 1341.13.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The director must appoint all department officers or employees hired after this section’s operative date.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.13. All officers or employees of the department employed after the operative date of this section shall be appointed by the director. (Added by Stats. 1999, Ch. 525, Sec. 35. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)
  182. 1341.14.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    Certain actions taken by the Department of Corporations stay in effect and are treated as actions of the receiving department; pending lawful suits or proceedings do not end just because the program, duty, responsibility, or authorization was transferred.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.14. (a) Any regulation, order, or other action, adopted, prescribed, taken, or performed by the Department of Corporations or by an officer of the Department of Corporations in the administration of a program or the performance of a duty, responsibility, or authorization transferred to the department by Section 1341.9 shall remain in effect and shall be deemed to be a regulation, order, or action of the department. (b) No suit, action, or other proceeding lawfully commenced by or against the Department of Corporations or any other officer of the state, in relation to the administration of any program or the discharge of any duty, responsibility, or authorization transferred to the department by Section 1341.9 shall abate by reason of the transfer of the program, duty, responsibility, or authorization. (Added by Stats. 1999, Ch. 525, Sec. 36. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)
  183. 1341.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The director must hire needed personnel and, with Finance Department approval, set their compensation. Department staff must do duties assigned by the director. Designated employees must take and file the constitutional oath within 15 days after appointment.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.2. In accordance with the laws governing the state civil service, the director shall employ and, with the approval of the Department of Finance, fix the compensation of such personnel as the director needs to discharge properly the duties imposed upon the director by law, including, but not limited to, a chief deputy, a public information officer, a chief enforcement counsel, and legal counsel to act as the attorney for the director in actions or proceedings brought by or against the director under or pursuant to any provision of any law under the director’s jurisdiction, or in which the director joins or intervenes as to a matter within the director’s jurisdiction, as a friend of the court or otherwise, and stenographic reporters to take and transcribe the testimony in any formal hearing or investigation before the director or before a person authorized by the director. The personnel of the Department of Managed Health Care shall perform such duties as the director assigns to them. Such employees as the director designates by rule or order shall, within 15 days after their appointments, take and subscribe to the constitutional oath of office and file it in the office of the Secretary of State. (Amended by Stats. 2000, Ch. 857, Sec. 21. Effective January 1, 2001.)
  184. 1341.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The director must adopt an official seal, and the seal must be used on the director’s orders, certificates, and any other instruments the director directs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.3. The director shall adopt a seal bearing the inscription: “Director, Department of Managed Health Care, State of California.” The seal shall be affixed to or imprinted on all orders and certificates issued by him or her and such other instruments as he or she directs. All courts shall take judicial notice of this seal. (Amended by Stats. 2000, Ch. 857, Sec. 22. Effective January 1, 2001.)
  185. 1341.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    This section creates the Managed Care Fund and requires it to keep no more than a prudent 5% reserve, unless the Department of Finance decides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.4. (a) In order to effectively support the Department of Managed Health Care in the administration of this law, there is hereby established in the State Treasury, the Managed Care Fund. The administration of the Department of Managed Health Care shall be supported from the Managed Care Fund. (b) In any fiscal year, the Managed Care Fund shall maintain not more than a prudent 5 percent reserve unless otherwise determined by the Department of Finance. (Amended by Stats. 2007, Ch. 577, Sec. 6. Effective October 13, 2007.)
  186. 1341.45.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    Money collected as fines and administrative penalties under this chapter must be deposited into a state fund, and the department must transfer the money each year in specified amounts to two other funds.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.45. (a) There is hereby created in the State Treasury the Managed Care Administrative Fines and Penalties Fund. (b) The fines and administrative penalties collected pursuant to this chapter, on and after September 30, 2008, shall be deposited into the Managed Care Administrative Fines and Penalties Fund. (c) The fines and administrative penalties deposited into the Managed Care Administrative Fines and Penalties Fund shall be transferred by the department, beginning September 1, 2009, and annually thereafter, as follows: (1) The first one million dollars ($1,000,000) shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) or Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program. (2) Any amount over the first one million dollars ($1,000,000), including accrued interest, in the fund shall be transferred to the Health Care Services Plan Fines and Penalties Fund created pursuant to Section 15893 of the Welfare and Institutions Code. (d) Notwithstanding subdivision (b) of Section 1356 and Section 1356.1, the fines and administrative penalties authorized pursuant to this chapter shall not be used to reduce the assessments imposed on health care service plans pursuant to Section 1356. (e) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2014. (f) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. (Amended by Stats. 2024, Ch. 40, Sec. 11. (SB 159) Effective June 29, 2024.)
  187. 1341.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The director must generally make department information available for public inspection, but may withhold it if publication would be unlawful. The director and staff may not use nonpublic information for personal benefit.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.5. (a) The director, as a general rule, shall publish or make available for public inspection any information filed with or obtained by the department, unless the director finds that this availability or publication is contrary to law. No provision of this chapter authorizes the director or any of the director’s assistants, clerks, or deputies to disclose any information withheld from public inspection except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter or to other federal or state regulatory agencies. No provision of this chapter either creates or derogates from any privilege that exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the director or any of his or her assistants, clerks, or deputies. (b) It is unlawful for the director or any of his or her assistants, clerks, or deputies to use for personal benefit any information that is filed with or obtained by the director and that is not then generally available to the public. (Added by Stats. 1999, Ch. 525, Sec. 27. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)
  188. 1341.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The Attorney General must give the director legal opinions on submitted questions of law and, on request, act as the director’s attorney in related actions and proceedings. A stated set of Government Code sections does not apply to the Director of the Department of Managed Health Care.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.6. (a) The Attorney General shall render to the director opinions upon all questions of law, relating to the construction or interpretation of any law under the director’s jurisdiction or arising in the administration thereof, that may be submitted to the Attorney General by the director and upon the director’s request shall act as the attorney for the director in actions and proceedings brought by or against the director under or pursuant to any provision of any law under the director’s jurisdiction. (b) Sections 11041, 11042, and 11043 of the Government Code do not apply to the Director of the Department of Managed Health Care. (Amended by Stats. 2000, Ch. 857, Sec. 23. Effective January 1, 2001.)
  189. 1341.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The director, assistants, clerks, and deputies are barred from being connected as an insider or employee with a person licensed or applying for a health care service plan license while associated with the department, but they may hold or buy securities and may receive health care services as subscribers or enrollees if the stated rules are followed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.7. (a) Neither the director nor any of the director’s assistants, clerks, or deputies shall be interested as a director, officer, shareholder, member other than a member of an organization formed for religious purposes, partner, agent, or employee of any person who, during the period of the official’s or employee’s association with the Department of Managed Health Care, was licensed or applied for a license as a health care service plan under this chapter. (b) Nothing contained in subdivision (a) shall prohibit the holdings or purchasing of any securities by the director, an assistant, clerk, or deputy in accordance with rules which shall be adopted for the purpose of protecting the public interest and avoiding conflicts of interest. (c) Nothing in this section shall prohibit or preclude the director or any of the director’s assistants, clerks, or deputies or any employee of the Department of Managed Health Care from obtaining health care services as a subscriber or an enrollee from a plan licensed under this chapter, subject to any rules that may be adopted hereunder or pursuant to proper authority. (Amended by Stats. 2000, Ch. 857, Sec. 24. Effective January 1, 2001.)
  190. 1341.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The director has the powers of a department head and may make agreements the director considers necessary or appropriate when exercising those powers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.8. The director shall have the powers of a head of a department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code. The director may make the agreements that he or she deems necessary or appropriate in exercising his or her powers. (Added by Stats. 1999, Ch. 525, Sec. 30. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)
  191. 1341.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The director and department take over certain duties and powers from the Commissioner of Corporations and the Department of Corporations for health plan matters.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1341.9. The director and department succeed to, and are vested with, all duties, powers, purposes, responsibilities, and jurisdiction of the Commissioner of Corporations and the Department of Corporations as they relate to the Department of Corporations’ Health Plan Program, health care service plans, and the health care service plan business, including those powers and duties specified in this chapter. Nothing in this section abrogates, limits, diminishes, or otherwise restricts the duties, powers, purposes, responsibilities, and jurisdictions of the Commissioner of Corporations and the Department of Corporations under the Investment Program, the Financial Services Program, and the other laws in which jurisdiction is vested in the Commissioner of Corporations and the Department of Corporations. (Added by Stats. 1999, Ch. 525, Sec. 31. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)
  192. 1342.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

    Verify source ↗

    This section states the Legislature’s purpose for health care service plans: to improve delivery and quality of care for California people who enroll or subscribe.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1342. It is the intent and purpose of the Legislature to promote the delivery and the quality of health and medical care to the people of the State of California who enroll in, or subscribe for the services rendered by, a health care service plan or specialized health care service plan by accomplishing all of the following: (a) Ensuring the continued role of the professional as the determiner of the patient’s health needs which fosters the traditional relationship of trust and confidence between the patient and the professional. (b) Ensuring that subscribers and enrollees are educated and informed of the benefits and services available in order to enable a rational consumer choice in the marketplace. (c) Prosecuting malefactors who make fraudulent solicitations or who use deceptive methods, misrepresentations, or practices which are inimical to the general purpose of enabling a rational choice for the consumer public. (d) Helping to ensure the best possible health care for the public at the lowest possible cost by transferring the financial risk of health care from patients to providers. (e) Promoting effective representation of the interests of subscribers and enrollees. (f) Ensuring the financial stability thereof by means of proper regulatory procedures. (g) Ensuring that subscribers and enrollees receive available and accessible health and medical services rendered in a manner providing continuity of care. (h) Ensuring that subscribers and enrollees have their grievances expeditiously and thoroughly reviewed by the department. (Amended by Stats. 2002, Ch. 797, Sec. 2. Effective January 1, 2003.)
  193. 1342.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    Health care service plans must cover specified COVID-19 testing, prevention items, and therapeutics, with no cost sharing or utilization management in many cases, and must reimburse providers under stated rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1342.2. (a) Notwithstanding any other law, a health care service plan contract that covers medical, surgical, and hospital benefits, excluding a specialized health care service plan contract, shall cover the costs for COVID-19 diagnostic and screening testing and health care services related to diagnostic and screening testing approved or granted emergency use authorization by the federal Food and Drug Administration for COVID-19, regardless of whether the services are provided by an in-network or out-of-network provider. Coverage required by this section shall not be subject to copayment, coinsurance, deductible, or any other form of cost sharing. Services related to COVID-19 diagnostic and screening testing include, but are not limited to, hospital or health care provider office visits for the purposes of receiving testing, products related to testing, the administration of testing, and items and services furnished to an enrollee as part of testing. Services related to COVID-19 diagnostic and screening testing do not include bonus payments for the use of specialized equipment or expedited processing. (1) To the extent a health care provider would have been entitled to receive cost sharing but for this section, the health care service plan shall reimburse the health care provider the amount of that lost cost sharing. (2) A health care service plan contract shall not impose prior authorization or any other utilization management requirements on COVID-19 diagnostic and screening testing. (3) With respect to an enrollee, a health care service plan shall reimburse the provider of the testing according to either of the following: (A) If the health plan has a specifically negotiated rate for COVID-19 diagnostic and screening testing with such provider in effect before the public health emergency declared under Section 319 of the Public Health Service Act (42 U.S.C. Sec. 247d), such negotiated rate shall apply throughout the period of such declaration. (B) If the health plan does not have a specifically negotiated rate for COVID-19 diagnostic and screening testing with such provider, the plan may negotiate a rate with such provider. (4) For an out-of-network provider with whom a health care service plan does not have a specifically negotiated rate for COVID-19 diagnostic and screening testing and health care services related to testing, a plan shall reimburse the provider for all testing items or services in an amount that is reasonable, as determined in comparison to prevailing market rates for testing items or services in the geographic region where the item or service is rendered. An out-of-network provider shall accept this payment as payment in full, shall not seek additional remuneration from an enrollee for services related to testing, and shall not report adverse information to a consumer credit reporting agency or commence civil action against the enrollee. (5) Beginning six months after the federal public health emergency expires, a health care service plan shall no longer be required to cover the cost sharing for COVID-19 diagnostic and screening testing and health care services related to testing when delivered by an out-of-network provider, except as otherwise required by law. All other requirements of this subdivision shall remain in effect after the federal public health emergency expires. (6) Changes to a contract between a health care service plan and a provider delegating financial risk for diagnostic and screening testing related to a declared public health emergency shall be considered a material change to the parties’ contract. A health care service plan shall not delegate the financial risk to a contracted provider for the cost of enrollee services provided under this section unless the parties have negotiated and agreed upon a new provision of the parties’ contract pursuant to Section 1375.7. (b) (1) A health care service plan contract that covers medical, surgical, and hospital benefits shall cover without cost sharing any item, service, or immunization that is intended to prevent or mitigate COVID-19 and that is either of the following with respect to the individual enrollee: (A) An evidence-based item or service that had in effect on January 1, 2025, a rating of “A” or “B” in the recommendations of the United States Preventive Services Task Force or any modification or supplement to that recommendation adopted pursuant to Section 120164. (B) An immunization that had in effect on January 1, 2025 a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention or any modification or supplement to that recommendation adopted pursuant to Section 120164, regardless of whether the immunization is recommended for routine use. (2) The item, service, or immunization covered pursuant to paragraph (1) shall be covered upon operation of the act that amended this subdivision. (3) Any modification or supplement to the recommendations described in paragraph (1) shall be covered or removed from coverage no later than 15 business days after the date on which the State Department of Public Health publishes the updated recommendations pursuant to Section 120164. (4) (A) A health care service plan subject to this subdivision shall not impose any cost-sharing requirements, including a copayment, coinsurance, or deductible, for any item, service, or immunization described in paragraph (1), regardless of whether such service is delivered by an in-network or out-of-network provider. (B) To the extent a health care provider would have been entitled to receive cost sharing but for this section, the health care service plan shall reimburse the health care provider the amount of that lost cost sharing. (C) With respect to an enrollee, a health care service plan shall reimburse the provider of the immunization according to either of the following: (i) If the health plan has a negotiated rate with such provider in effect before the public health emergency declared under Section 319 of the Public Health Service Act (42 U.S.C. Sec. 247d), such negotiated rate shall apply throughout the period of such declaration. (ii) If the health plan does not have a negotiated rate with such provider, the plan may negotiate a rate with such provider. (D) A health care service plan shall not impose cost sharing for any items or services that are necessary for the furnishing of an item, service, or immunization described in paragraph (1), including, but not limited to, provider office visits and vaccine administration, regardless of whether the service is delivered by an in-network or out-of-network provider. (E) (i) For an out-of-network provider with whom a health care service plan does not have a negotiated rate for an item, service, or immunization described in paragraph (1), a health care service plan shall reimburse the provider for all related items or services, including any items or services that are necessary for the furnishing of an item, service, or immunization described in paragraph (1), in an amount that is reasonable, as determined in comparison to prevailing market rates for such items or services in the geographic region in which the item or service is rendered. An out-of-network provider shall accept this payment as payment in full, shall not seek additional remuneration from an enrollee, and shall not report adverse information to a consumer credit reporting agency or commence civil action against the enrollee for items, services, and immunizations described in subdivision (b), including any items or services that are necessary for the furnishing of an item, service, or immunization described in paragraph (1). (ii) Beginning six months after the federal public health emergency expires, a health care service plan shall no longer be required to cover the cost sharing for any item, service, or immunization described in paragraph (1) and to cover items or services that are necessary for the furnishing of the items, services, or immunizations described in paragraph (1) when delivered by an out-of-network provider, except as otherwise required by law. All other requirements of this section shall remain in effect after the federal public health emergency expires. (5) A health care service plan subject to this subdivision shall not impose prior authorization or any other utilization management requirements on any item, service, or immunization described in paragraph (1) or to items or services that are necessary for the furnishing of the items, services, or immunizations described in subparagraph (D) of paragraph (3). (6) Changes to a contract between a health care service plan and a provider delegating financial risk for immunization related to a declared public health emergency, shall be considered a material change to the parties’ contract. A health plan shall not delegate the financial risk to a contracted provider for the cost of enrollee services provided under this section unless the parties have negotiated and agreed upon a new provision of the parties’ contract pursuant to Section 1375.7. (c) The director may issue guidance to health care service plans regarding compliance with this section. This guidance shall not be subject to 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 department shall consult with the Department of Insurance in issuing the guidance specified in this subdivision. (d) This section, excluding subdivision (h), shall apply retroactively beginning from the Governor’s declared State of Emergency related to the SARS-CoV-2 (COVID-19) pandemic on March 4, 2020. Notwithstanding Section 1390, this subdivision does not create criminal liability for transactions that occurred before January 1, 2022. (e) For purposes of this section: (1) “Diagnostic testing” means all of the following: (A) Testing intended to identify current or past infection and performed when a person has signs or symptoms consistent with COVID-19, or when a person is asymptomatic but has recent known or suspected exposure to SARS-CoV-2. (B) Testing a person with symptoms consistent with COVID-19. (C) Testing a person as a result of contact tracing efforts. (D) Testing a person who indicates that they were exposed to someone with a confirmed or suspected case of COVID-19. (E) Testing a person after an individualized clinical assessment by a licensed health care provider. (2) “Screening testing” means tests that are intended to identify people with COVID-19 who are asymptomatic and do not have known, suspected, or reported exposure to SARS-CoV-2. Screening testing helps to identify unknown cases so that measures can be taken to prevent further transmission. Screening testing includes all of the following: (A) Workers in a workplace setting. (B) Pupils, faculty, and staff in a school setting. (C) A person before or after travel. (D) At home for someone who does not have symptoms associated with COVID-19 and does not have a known exposure to someone with COVID-19. (f) This section does not relieve a health care service plan from continuing to cover testing as required by federal law and guidance. (g) The department shall hold health care service plans accountable for timely access to services required under this section and coverage requirements established under federal law, regulations, or guidelines. (h) (1) This subdivision applies to a health care service plan contract issued, amended, or renewed on or after the operative date of this subdivision that covers medical, surgical, and hospital benefits, excluding a specialized health care service plan contract, with respect to therapeutics for COVID-19 covered under the contract, which shall include therapeutics approved or granted emergency use authorization by the federal Food and Drug Administration for treatment of COVID-19 when prescribed or furnished by a licensed health care provider acting within their scope of practice and the standard of care. (2) A health care service plan shall reimburse a provider for the therapeutics described in paragraph (1) at the specifically negotiated rate for those therapeutics, if the plan and provider have negotiated a rate. If the plan does not have a negotiated rate with a provider, the plan may negotiate a rate with the provider. (3) For an out-of-network provider with whom a health care service plan does not have a negotiated rate for the therapeutics described in paragraph (1), a health care service plan shall reimburse the provider for the therapeutics in an amount that is reasonable, as determined in comparison to prevailing market rates for the therapeutics in the geographic region in which the therapeutic was delivered. An out-of-network provider shall accept this payment as payment in full, shall not seek additional remuneration from an enrollee, and shall not report adverse information to a consumer credit reporting agency or commence civil action against the enrollee for therapeutics described in this subdivision. (4) A health care service plan shall cover COVID-19 therapeutics without cost sharing, regardless of whether the therapeutics are provided by an in-network or out-of-network provider, and without utilization management. If a provider would have been entitled to receive cost sharing but for this section, the health care service plan shall reimburse the provider for the amount of that lost cost sharing. A provider shall accept this payment as payment in full, shall not seek additional remuneration from an enrollee, and shall not report adverse information to a consumer credit reporting agency or commence civil action against the enrollee for therapeutics pursuant to this subdivision. (5) Beginning six months after the federal public health emergency expires, a health care service plan shall no longer be required to cover the cost sharing for COVID-19 therapeutics delivered by an out-of-network provider, unless otherwise required by law. All other requirements of this subdivision shall remain in effect after the federal public health emergency expires. (6) This section does not apply to a Medi-Cal managed care plan that contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 2025, Ch. 105, Sec. 15. (AB 144) Effective September 17, 2025.)
  194. 1342.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    Certain health care service plan contracts must cover specified preventive, diagnostic, and therapeutic services for a disease-related public health emergency, without cost sharing or prior authorization.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1342.3. (a) A health care service plan contract that covers medical, surgical, and hospital benefits, excluding a specialized health care service plan contract, shall cover, without cost sharing and without prior authorization or other utilization management, the costs of the following health care services to prevent or mitigate a disease when the Governor of the State of California has declared a public health emergency due to that disease: (1) An evidence-based item, service, or immunization that is intended to prevent or mitigate a disease and that is either of the following: (A) An item or service that, as of January 1, 2025, had in effect a rating of “A” or “B” in the recommendations of the United States Preventive Services Task Force, or any modification or supplement to that recommendation adopted pursuant to Section 120164. (B) An immunization that, as of January 1, 2025, had in effect a recommendation of the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, or any modification or supplement to that recommendation adopted pursuant to Section 120164. (2) A health care service or product related to diagnostic and screening testing for the disease that is approved or granted emergency use authorization by the federal Food and Drug Administration, or is recommended by the State Department of Public Health or the federal Centers for Disease Control and Prevention. (3) Therapeutics approved or granted emergency use authorization by the federal Food and Drug Administration for the disease. (b) (1) The item, service, or immunization covered pursuant to paragraph (1) of subdivision (a) shall be covered upon operation of the act that added this paragraph. (2) Any modification or supplement to the recommendations described in subparagraphs (A) or (B) of paragraph (1) of subdivision (a) shall be covered or removed from coverage no later than 15 business days after the date on which the State Department of Public Health publishes the updated recommendations pursuant to Section 120164. (c) For purposes of this section, “health care service plan” includes a Medi-Cal managed care plan that contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. The State Department of Health Care Services shall seek any federal approvals it deems necessary to implement this section. This section applies to a Medi-Cal managed care plan contract only to the extent that the State Department of Health Care Services obtains any necessary federal approvals, and federal financial participation under the Medi-Cal program is available and not otherwise jeopardized. (Amended by Stats. 2025, Ch. 105, Sec. 16. (AB 144) Effective September 17, 2025.)
  195. 1342.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    Two California departments must run a joint senior-level working group, review specified laws and processes, and send findings and an approved final report upward on a yearly schedule.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1342.4. (a) The Department of Managed Health Care and the Department of Insurance shall maintain a joint senior level working group to ensure clarity for health care consumers about who enforces their patient rights and consistency in the regulations of these departments. (b) The joint working group shall undertake a review and examination of the Health and Safety Code, the Insurance Code, and the Welfare and Institutions Code as they apply to the Department of Managed Health Care and the Department of Insurance to ensure consistency in consumer protection. (c) The joint working group shall review and examine all of the following processes in each department: (1) Grievance and consumer complaint processes, including, but not limited to, outreach, standard complaints, including coverage and medical necessity complaints, independent medical review, and information developed for consumer use. (2) The processes used to ensure enforcement of the law, including, but not limited to, the medical survey and audit process in the Health and Safety Code and market conduct exams in the Insurance Code. (3) The processes for regulating the timely payment of claims. (d) The joint working group shall report its findings to the Insurance Commissioner and the Director of the Department of Managed Health Care for review and approval. The commissioner and the director shall submit the approved final report under signature to the Legislature by January 1 of every year for five years. (Added by Stats. 2002, Ch. 793, Sec. 1. Effective January 1, 2003.)
  196. 1342.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The director must consult the Insurance Commissioner before adopting regulations covered by this section.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1342.5. The director shall consult with the Insurance Commissioner prior to adopting any regulations applicable to health care service plans subject to this chapter and other entities governed by the Insurance Code for the specific purpose of ensuring, to the extent practical, that there is consistency of regulations applicable to these plans and entities by the Insurance Commissioner and the Director of the Department of Managed Health Care. (Amended by Stats. 2007, Ch. 577, Sec. 8. Effective October 13, 2007.)
  197. 1342.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    The Legislature says health care coverage should be delivered efficiently and cost-effectively, and that certain provider and purchasing groups should be treated as legitimate contracting arrangements subject to limited antitrust rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1342.6. It is the intent of the Legislature to ensure that the citizens of this state receive high-quality health care coverage in the most efficient and cost-effective manner possible. In furtherance of this intent, the Legislature finds and declares that it is in the public interest to promote various types of contracts between public or private payers of health care coverage, and institutional or professional providers of health care services. This intent has been demonstrated by the recent enactment of Chapters 328, 329, and 1594 of the Statutes of 1982, authorizing various types of contracts to be entered into between public or private payers of health care coverage, and institutional or professional providers of health care services. The Legislature further finds and declares that individual providers, whether institutional or professional, and individual purchasers, have not proven to be efficient-sized bargaining units for these contracts, and that the formation of groups and combinations of institutional and professional providers and combinations of purchasing groups for the purpose of creating efficient-sized contracting units represents a meaningful addition to the health care marketplace. The Legislature further finds and declares that negotiations between purchasers or payers of health services, and health care service plans governed by the provisions of this chapter, or through a person or entity acting for, or on behalf of, a purchaser or payer of health services, or a health care service plan, are in furtherance of the public’s interest in obtaining quality health care services in the most efficient and cost-effective manner possible. It is the intent of the Legislature, therefore, that the formation of groups and combinations of providers and purchasing groups for the purpose of creating efficient-sized contracting units be recognized as the creation of a new product within the health care marketplace, and be subject, therefore, only to those antitrust prohibitions applicable to the conduct of other presumptively legitimate enterprises. This section does not change existing antitrust law as it relates to any agreement or arrangement to exclude from any of the above-described groups or combinations, any person who is lawfully qualified to perform the services to be performed by the members of the group or combination, where the ground for the exclusion is failure to possess the same license or certification as is possessed by the members of the group or combination. (Added by Stats. 1985, Ch. 1592, Sec. 2.)
  198. 1342.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    This section sets rules for health plans’ prescription drug benefits, including when a plan may seek approval for copayments, deductibles, limitations, or exclusions, and what the department must do when reviewing them.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1342.7. (a) The Legislature finds that in enacting Sections 1367.215, 1367.25, 1367.45, 1367.51, and 1374.72, it did not intend to limit the department’s authority to regulate the provision of medically necessary prescription drug benefits by a health care service plan to the extent that the plan provides coverage for those benefits. (b) (1) Nothing in this chapter shall preclude a plan from filing relevant information with the department pursuant to Section 1352 to seek the approval of a copayment, deductible, limitation, or exclusion to a plan’s prescription drug benefits. If the department approves an exclusion to a plan’s prescription drug benefits, the exclusion shall not be subject to review through the independent medical review process pursuant to Section 1374.30 on the grounds of medical necessity. The department shall retain its role in assessing whether issues are related to coverage or medical necessity pursuant to paragraph (2) of subdivision (d) of Section 1374.30. (2) A plan seeking approval of a copayment or deductible may file an amendment pursuant to Section 1352.1. A plan seeking approval of a limitation or exclusion shall file a material modification pursuant to subdivision (b) of Section 1352. (c) Nothing in this chapter shall prohibit a plan from charging a subscriber or enrollee a copayment or deductible for a prescription drug benefit or from setting forth by contract, a limitation or an exclusion from, coverage of prescription drug benefits, if the copayment, deductible, limitation, or exclusion is reported to, and found unobjectionable by, the director and disclosed to the subscriber or enrollee pursuant to the provisions of Section 1363. (d) The department in developing standards for the approval of a copayment, deductible, limitation, or exclusion to a plan’s prescription drug benefits, shall consider alternative benefit designs, including, but not limited to, the following: (1) Different out-of-pocket costs for consumers, including copayments and deductibles. (2) Different limitations, including caps on benefits. (3) Use of exclusions from coverage of prescription drugs to treat various conditions, including the effect of the exclusions on the plan’s ability to provide basic health care services, the amount of subscriber or enrollee premiums, and the amount of out-of-pocket costs for an enrollee. (4) Different packages negotiated between purchasers and plans. (5) Different tiered pharmacy benefits, including the use of generic prescription drugs. (6) Current and past practices. (e) The department shall develop a regulation outlining the standards to be used in reviewing a plan’s request for approval of its proposed copayment, deductible, limitation, or exclusion on its prescription drug benefits. (f) Nothing in subdivision (b) or (c) shall permit a plan to limit prescription drug benefits provided in a manner that is inconsistent with Sections 1367.215, 1367.25, 1367.45, 1367.51, and 1374.72. (g) Nothing in this section shall be construed to require or authorize a plan that contracts with the State Department of Health Services to provide services to Medi-Cal beneficiaries or with the Managed Risk Medical Insurance Board to provide services to enrollees of the Healthy Families Program to provide coverage for prescription drugs that are not required pursuant to those programs or contracts, or to limit or exclude any prescription drugs that are required by those programs or contracts. (h) Nothing in this section shall be construed as prohibiting or otherwise affecting a plan contract that does not cover outpatient prescription drugs except for coverage for limited classes of prescription drugs because they are integral to treatments covered as basic health care services, including, but not limited to, immunosuppressives, in order to allow for transplants of bodily organs. (i) The department shall periodically review its regulations developed pursuant to this section. (j) This section shall become operative on January 2, 2003, and shall only apply to contracts issued, amended, or renewed on or after that date. (Amended by Stats. 2012, Ch. 728, Sec. 81. (SB 71) Effective January 1, 2013.)
  199. 1342.71.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    Health care service plans must cover medically necessary outpatient prescription drugs and manage formularies so they do not discourage enrollment or unfairly reduce benefits.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1342.71. (a) The Legislature hereby finds and declares all of the following: (1) The federal Patient Protection and Affordable Care Act, its implementing regulations and guidance, and related state law prohibit discrimination based on a person’s expected length of life, present or predicted disability, degree of medical dependency, quality of life, or other health conditions, including benefit designs that have the effect of discouraging the enrollment of individuals with significant health needs. (2) The Legislature intends to build on the existing state and federal law to ensure that health coverage benefit designs do not have an unreasonable discriminatory impact on chronically ill individuals, and to ensure affordability of outpatient prescription drugs. (3) Assignment of all or most prescription medications that treat a specific medical condition to the highest cost tiers of a formulary may effectively discourage enrollment by chronically ill individuals, and may result in lower adherence to a prescription drug treatment regimen. (b) A nongrandfathered health care service plan contract that is offered, amended, or renewed on or after January 1, 2017, shall comply with this section. The cost-sharing limits established by this section apply only to outpatient prescription drugs covered by the contract that constitute essential health benefits, as defined in Section 1367.005. (c) A health care service plan contract that provides coverage for outpatient prescription drugs shall cover medically necessary prescription drugs, including nonformulary drugs determined to be medically necessary consistent with this chapter. (d) (1) Consistent with federal law and guidance, the formulary or formularies for outpatient prescription drugs maintained by the health care service plan shall not discourage the enrollment of individuals with health conditions and shall not reduce the generosity of the benefit for enrollees with a particular condition in a manner that is not based on a clinical indication or reasonable medical management practices. Section 1342.7 and any regulations adopted pursuant to that section shall be interpreted in a manner that is consistent with this section. (2) For combination antiretroviral drug treatments that are medically necessary for the treatment of AIDS/HIV, a health care service plan contract shall cover a single-tablet drug regimen that is as effective as a multitablet regimen unless, consistent with clinical guidelines and peer-reviewed scientific and medical literature, the multitablet regimen is clinically equally or more effective and more likely to result in adherence to a drug regimen. (e) A health care service plan contract shall ensure that the placement of prescription drugs on formulary tiers is based on clinically indicated, reasonable medical management practices. (f) (1) This section shall not be construed to require a health care service plan to impose cost sharing. (2) This section shall not be construed to require cost sharing for prescription drugs that state or federal law otherwise requires to be provided without cost sharing. (3) A plan’s prescription drug benefit shall provide that if the pharmacy’s retail price for a prescription drug is less than the applicable copayment or coinsurance amount, the enrollee shall not be required to pay more than the retail price. The payment rendered shall constitute the applicable cost sharing and shall apply to the deductible, if any, and also to the maximum out-of-pocket limit in the same manner as if the enrollee had purchased the prescription medication by paying the cost-sharing amount. (g) In the provision of outpatient prescription drug coverage, a health care service plan may utilize formulary, prior authorization, step therapy, or other reasonable medical management practices consistent with this chapter. (h) This section does not apply to a health care service plan contract with the State Department of Health Care Services. (Amended (as amended by Stats. 2016, Ch. 86, Sec. 175) by Stats. 2018, Ch. 787, Sec. 1. (SB 1021) Effective January 1, 2019.)
  200. 1342.73.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. )

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    Health care service plan contracts are capped on prescription drug cost sharing and formulary tiers, with specific exceptions for bronze-level products, high-deductible plans, and State Department of Health Care Services contracts.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.2. Health Care Service Plans [1340 - 1399.874] ( Chapter 2.2 added by Stats. 1975, Ch. 941. ) ## ARTICLE 1. General [1340 - 1345.5] ( Article 1 added by Stats. 1975, Ch. 941. ) ## 1342.73. (a) (1) With respect to an individual or group health care service plan contract subject to Section 1367.006, the copayment, coinsurance, or any other form of cost sharing for a covered outpatient prescription drug for an individual prescription for a supply of up to 30 days shall not exceed two hundred fifty dollars ($250), except as provided in paragraphs (2) and (3). (2) With respect to products with actuarial value at, or equivalent to, the bronze level, cost sharing for a covered outpatient prescription drug for an individual prescription for a supply of up to 30 days shall not exceed five hundred dollars ($500), except as provided in paragraph (3). (3) For a health care service plan contract that is a “high deductible health plan” under the definition set forth in Section 223(c)(2) of Title 26 of the United States Code, paragraphs (1) and (2) of this subdivision shall apply only once an enrollee’s deductible has been satisfied for the year. (4) For a nongrandfathered individual or small group health care service plan contract, the annual deductible for outpatient drugs, if any, shall not exceed twice the amount specified in paragraph (1) or (2), respectively. (5) For purposes of paragraphs (1) and (2), “any other form of cost sharing” shall not include a deductible. (6) A copayment or percentage coinsurance shall not exceed 50 percent of the cost to the plan, as described in Section 1300.67.24 of Title 28 of the California Code of Regulations. (7) If there is a generic equivalent to a brand name drug, a plan shall ensure that the enrollee is subject to the lowest cost sharing that would be applied, whether or not both the generic equivalent and the brand name drug are on the formulary. This paragraph shall not be construed to require both the generic equivalent and the brand name drug to be on the formulary. (b) (1) If a health care service plan contract for a nongrandfathered individual or small group product maintains a drug formulary grouped into tiers that includes a fourth tier, a health care service plan contract shall use the following definitions for each tier of the drug formulary: (A) Tier one shall consist of most generic drugs and low-cost preferred brand name drugs. (B) Tier two shall consist of nonpreferred generic drugs, preferred brand name drugs, and any other drugs recommended by the health care service plan’s pharmacy and therapeutics committee based on safety, efficacy, and cost. (C) Tier three shall consist of nonpreferred brand name drugs or drugs that are recommended by the health care service plan’s pharmacy and therapeutics committee based on safety, efficacy, and cost, or that generally have a preferred and often less costly therapeutic alternative at a lower tier. (D) Tier four shall consist of drugs that the Food and Drug Administration of the United States Department of Health and Human Services or the manufacturer requires to be distributed through a specialty pharmacy, drugs that require the enrollee to have special training or clinical monitoring for self-administration, or drugs that cost the health plan more than six hundred dollars ($600) net of rebates for a one-month supply. (2) In placing specific drugs on specific tiers, or choosing to place a drug on the formulary, the health care service plan shall comply with the other provisions of this section and this chapter. (3) A health care service plan contract may maintain a drug formulary with fewer than four tiers. A health care service plan contract shall not maintain a drug formulary with more than four tiers. (4) This section shall not be construed to limit a health care service plan from placing any drug in a lower tier. (c) This section does not apply to a health care service plan contract with the State Department of Health Care Services. (Amended by Stats. 2023, Ch. 820, Sec. 1. (AB 948) Effective January 1, 2024.)

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