CA Health & Safety Code § 127345 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION|PART 2 - HEALTH POLICY AND PLANNING|CHAPTER 2 - Health Policy Research and Evaluation|ARTICLE 2 - Hospitals: Community Benefits|Section 127345.

127345.  As used in this article, the following terms have the following meanings:(a) “Charity care” means free health services provided without expectation of payment to persons who meet the organization’s criteria for financial assistance and are unable to pay for all or a portion of the services. Charity care shall be reported at cost, as reported to the Department of Health Care Access and Information. Charity care does not include bad debt defined as uncollectible charges that the organization recorded as revenue but wrote off due to a patient’s failure to pay.(b) “Community benefits plan” means the written document prepared for annual submission to the Department of Health Care Access and Information that shall include, but shall not be limited to, a description of the activities that the hospital has undertaken in order to address identified community needs within its mission and financial capacity, and the process by which the hospital developed the plan in consultation with the community.(c) “Community” means the service areas or patient populations for which the hospital provides health care services.(d) (1) Solely for the planning and reporting purposes of this article, “community benefit” means a hospital’s activities that are intended to address community needs and priorities primarily through disease prevention and improvement of health status, including, but not limited to, any of the following:(A) Health care services, rendered to vulnerable populations, including, but not limited to, charity care and the unreimbursed cost of providing services to the uninsured, underinsured, and those eligible for Medi-Cal, Medicare, California Children’s Services Program, or county indigent programs.(B) The unreimbursed cost of services included in subdivision (d) of Section 127340.(C) Financial or in-kind support of public health programs.(D) Donation of funds, property, or other resources that contribute to a community priority.(E) Health care cost containment.(F) Enhancement of access to health care or related services that contribute to a healthier community.(G) Services offered without regard to financial return because they meet a community need in the service area of the hospital, and other services including health promotion, health education, prevention, and social services.(H) Food, shelter, clothing, education, transportation, and other goods or services that help maintain a person’s health.(2) “Community benefit” does not mean activities or programs that are provided primarily for marketing purposes or are more beneficial to the organization than to the community.(e) “Community needs assessment” means the process by which the hospital identifies, for its primary service area as determined by the hospital, unmet community needs.(f) “Community needs” means those requisites for improvement or maintenance of health status in the community.(g) “Hospital” means a private not-for-profit acute hospital licensed under subdivision (a), (b), or (f) of Section 1250 and is owned by a corporation that has been determined to be exempt from taxation under the United States Internal Revenue Code. “Hospital” does not mean any of the following:(1) Hospitals that are dedicated to serving children and that do not receive direct payment for services to any patient.(2) Small and rural hospitals as defined in Section 124840, unless the hospital is part of a hospital system.(3) A district hospital organized and governed pursuant to the Local Health Care District Law (Division 23 (commencing with Section 32000)) or a nonprofit corporation that is affiliated with the health care district hospital owner by means of the district’s status as the nonprofit corporation’s sole corporate member pursuant to subparagraph (B) of paragraph (1) of subdivision (h) of Section 14169.31 of the Welfare and Institutions Code.(h) “Mission statement” means a hospital’s primary objectives for operation as adopted by its governing body.(i) “Vulnerable populations” means any population that is exposed to medical or financial risk by virtue of being uninsured, underinsured, or eligible for Medi-Cal, Medicare, California Children’s Services Program, or county indigent programs. “Vulnerable populations” also includes both of the following:(1) Racial and ethnic groups experiencing disparate health outcomes, including Black/African American, American Indian, Alaska Native, Asian Indian, Cambodian, Chinese, Filipino, Hmong, Japanese, Korean, Laotian, Vietnamese, Native Hawaiian, Guamanian or Chamorro, Samoan, or other nonwhite racial groups, as well as individuals of Hispanic/Latino origin, including Mexicans, Mexican Americans, Chicanos, Salvadorans, Guatemalans, Cubans, and Puerto Ricans.(2) Socially disadvantaged groups, including all of the following:(A) The unhoused.(B) Communities with inadequate access to clean air and safe drinking water, as defined by an environmental California Healthy Places Index score of 50 percent or lower.(C) People with disabilities.(D) People identifying as lesbian, gay, bisexual, transgender, or queer.(E) Individuals with limited English proficiency.(Amended by Stats. 2021, Ch. 751, Sec. 1. (AB 1204) Effective January 1, 2022.)