reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130063.1.

130063.1. Notwithstanding Section 130063, a county-owned general acute care hospital building is allowed an extension of the Non-structural Performance Category-2 requirements of Title 24 of the California Code of Regulations if all of the following conditions are met:
(a)  The county submitted the compliance plan on or before January 1, 2001.
(b)  The county submitted the Non-structural Performance Category-2 building plans to the Department of Health Care Access and Information on or before September 1, 2001.
(c)  The county complies with the year 2002 nonstructural requirements established by regulation 12 months after receipt of the building permit approval letter from the Department of Health Care Access and Information.
(Amended by Stats. 2021, Ch. 143, Sec. 334. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130063.2.

130063.2. Notwithstanding Section 130063, an existing county-owned general acute care hospital building may receive a one-year extension of the January 1, 2002, deadline for the Non-structural Performance Category-2 requirements in Title 24 of the California Code of Regulations if all of the following conditions are met:
(a)  The existing hospital building is removed from general acute care service on or before January 1, 2003.
(b)  Construction of the replacement building that will meet the 2030 nonstructural and structural deadline requirements, which commenced before January 1, 2001, is completed by January 1, 2003.
(Added by Stats. 2001, Ch. 247, Sec. 2. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130065.

130065. In accordance with the compliance schedule approved by the department, but in any case no later than January 1, 2030, owners of all acute care inpatient hospitals shall either:
(a)  Demolish, replace, or change to nonacute care use all hospital buildings not in substantial compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act.
(b)  Seismically retrofit all acute care inpatient hospital buildings so that they are in substantial compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act.
Upon compliance with this section, the hospital shall be issued a written notice of compliance by the department. The department shall send a written notice of violation to hospital owners that fail to comply with this section.
(Amended by Stats. 2021, Ch. 143, Sec. 336. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130066.

130066. Before January 1, 2020, the owner of an acute care inpatient hospital whose building does not substantially comply with the seismic safety regulations or standards described in Section 130065 shall submit to the department an attestation that the board of directors of that hospital is aware that the hospital building is required to meet the January 1, 2030, deadline for substantial compliance with those regulations and standards.
(Amended by Stats. 2021, Ch. 143, Sec. 337. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130067.

130067. (a) Notwithstanding any other law, including, but not limited to Sections 130060 and 130061, the office may waive the requirements for the Seton Medical Center in Daly City to comply with this chapter, in whole or in part, if both of the following occur:
(1) The Seton Medical Center submits a plan to the office, on or before January 15, 2022, that proposes compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, on or before July 1, 2023.
(2) The office accepts the plan submitted by the Seton Medical Center as feasible to complete and promoting public safety.
(b) If the office accepts the plan pursuant to subdivision (a), the Seton Medical Center shall report to the office, in the manner required by the office, on its progress to timely complete the plan, on or before all of the following dates:
(1) April 1, 2022.
(2) July 1, 2022.
(3) October 1, 2022.
(4) January 1, 2023.
(5) April 1, 2023.
(c) The office may revoke its waiver, in whole or in part, of the requirements of this chapter, if the Seton Medical Center fails to timely report progress that the office deems is sufficient to complete the plan.
(Added by Stats. 2021, Ch. 65, Sec. 1. (AB 1527) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130069.

130069. (a) Notwithstanding any other law, including, but not limited to, Sections 130060 and 130061, the department may waive the requirements of this chapter, in whole or in part, for Pacifica Hospital of the Valley in the County of Los Angeles if both of the following occur:
(1) The hospital submits a plan to the department, on or before September 15, 2022, that proposes compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, on or before January 1, 2025.
(2) The department accepts the plan submitted by the hospital based on it being feasible to complete and promoting public safety.
(b) If the department accepts the hospital’s plan pursuant to subdivision (a), the hospital shall report to the department, in the manner required by the department, on its progress to timely complete its plan, on or before the following dates:
(1) October 1, 2022.
(2) January 1, 2023.
(3) April 1, 2023.
(4) July 1, 2023.
(5) October 1, 2023.
(6) January 1, 2024.
(7) April 1, 2024.
(8) July 1, 2024.
(9) October 1, 2024.
(c) The department may revoke its waiver of the requirements of this chapter, in whole or in part, if Pacifica Hospital of the Valley fails to timely report progress that the department reasonably deems is sufficient to complete the plan.
(d) The provisions of this section shall be retroactively applied so that there is no period of noncompliance if the passage of the act that added this section overlaps with the reporting requirements in Section 130062.
(Added by Stats. 2022, Ch. 592, Sec. 1. (AB 2404) Effective September 27, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130070.

130070. The department shall notify the State Department of Public Health of the hospital owners that have received a written notice of violation for failure to comply with either Section 130060 or 130065. Unless the hospital places its license in voluntary suspense, the State Department of Public Health shall suspend or refuse to renew the license of a hospital that has received a notice of violation from the department because of its failure to comply with either Section 130060 or 130065. The license shall be reinstated or renewed upon presentation to the State Department of Public Health of a written notice of compliance issued by the department.
(Amended by Stats. 2021, Ch. 143, Sec. 338. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1.5 - Small and Rural Hospital Relief Program › Section 130075.

130075. The Small and Rural Hospital Relief Program is hereby established under the administration of the Department of Health Care Access and Information for the purpose of funding seismic safety compliance with respect to small hospitals, rural hospitals, and critical access hospitals in the state.
(Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1.5 - Small and Rural Hospital Relief Program › Section 130076.

130076. For purposes of this chapter:
(a) “Department” means the Department of Health Care Access and Information.
(b) “Fund” means the Small and Rural Hospital Relief Fund established in Section 130077.
(c) “Seismic safety compliance” means compliance with Article 9 (commencing with Section 130050) of Chapter 1.
(d) “Qualified applicant” means any of the following hospitals:
(1) A small hospital.
(2) A rural hospital.
(3) A critical access hospital.
(Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1.5 - Small and Rural Hospital Relief Program › Section 130077.

130077. (a) The Small and Rural Hospital Relief Fund is hereby established in the Treasury.
(b) Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated, without regard to fiscal years, for the administration and funding of the grant program pursuant to this chapter.
(Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1.5 - Small and Rural Hospital Relief Program › Section 130078.

130078. (a) The department shall provide a grant to a qualified applicant that meets both of the following criteria:
(1) Seismic safety compliance imposes a financial burden on the applicant that may result in hospital closure.
(2) The hospital closure described in paragraph (1) would substantially impact the accessibility to health care in the communities surrounding the hospital.
(b) A grant provided by the department pursuant to this section may be used only for funding seismic safety compliance.
(Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1.5 - Small and Rural Hospital Relief Program › Section 130079.

130079. The department may adopt regulations necessary to implement this chapter.
(Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130100.

130100. There is hereby created a program in the state for the purposes of promoting, supporting, and improving the early development of children from the prenatal stage to five years of age. These purposes shall be accomplished through the establishment, institution, and coordination of appropriate standards, resources, and integrated and comprehensive programs emphasizing community awareness, education, nurturing, child care, social services, health care, and research.
(a) It is the intent of this act to facilitate the creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance optimal early childhood development and to ensure that children are ready to enter school. This system should function as a network that promotes accessibility to all information and services from any entry point into the system. It is further the intent of this act to emphasize local decisionmaking, to provide for greater local flexibility in designing delivery systems, and to eliminate duplicate administrative systems.
(b) The programs authorized by this act shall be administered by the California Children and Families Commission and by county children and families commissions. In administering this act, the state and county commissions shall use outcome-based accountability to determine future expenditures.
(c) This division shall be known and may be cited as the “California Children and Families Act of 1998.”
(Amended by Stats. 2002, Ch. 245, Sec. 1. Effective January 1, 2003. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130110.

130110. (a) There is hereby established a California Children and Families Commission, which may also be known as First 5 California, composed of seven voting members and two ex officio members.
(b) The voting members shall be selected, pursuant to Section 130115, from persons with knowledge, experience, and expertise in early child development, child care, education, social services, public health, the prevention and treatment of tobacco and other substance abuse, behavioral health, and medicine (including, but not limited to, representatives of statewide medical and pediatric associations or societies), upon consultation with public and private sector associations, organizations, and conferences composed of professionals in these fields.
(c) The Secretary of the California Health and Human Services Agency and the Secretary for Education, or their designees, shall serve as ex officio nonvoting members of the state commission.
(Amended by Stats. 2003, Ch. 378, Sec. 1. Effective January 1, 2004. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130115.

130115. The Governor shall appoint three members of the state commission, one of whom shall be designated as chairperson. One of the Governor’s appointees shall be either a county health officer or a county health executive. The Speaker of the Assembly and the Senate Rules Committee shall each appoint two members of the state commission. Of the members first appointed by the Governor, one shall serve for a term of four years, and two for a term of two years. Of the members appointed by the Speaker of the Assembly and the Senate Rules Committee, one appointed by the Speaker of the Assembly and the Senate Rules Committee shall serve for a period of four years with the other appointees to serve for a period of three years. Thereafter, all appointments shall be for four-year terms. No appointee shall serve as a member of the state commission for more than two four-year terms.
(Added November 3, 1998, by initiative Proposition 10. Effective (by Sec. 7 of Prop. 10) on date election results were certified.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130120.

130120. The state commission shall, within three months after a majority of its voting members have been appointed, hire an executive director. The state commission shall thereafter hire such other staff as necessary or appropriate. The executive director and staff shall be compensated as determined by the state commission, consistent with moneys available for appropriation in the Administration Account. All professional staff employees of the state commission shall be exempt from civil service. The executive director shall act under the authority of, and in accordance with the direction of, the state commission.
(Added November 3, 1998, by initiative Proposition 10. Effective (by Sec. 7 of Prop. 10) on date election results were certified.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130130.

130130. Procedures for the conduct of business by the state commission not specified in this act shall be contained in bylaws adopted by the state commission. A majority of the voting members of the state commission shall constitute a quorum. All decisions of the state commission, including the hiring of the executive director, shall be by a majority of four votes.
(Added November 3, 1998, by initiative Proposition 10. Efective (by Sec. 7 of Prop. 10) on date election results were certified.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130135.

130135. Voting members of the state commission shall not be compensated for their services, except that they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities as authorized by the state commission.
(Added November 3, 1998, by initiative Proposition 10. Efective (by Sec. 7 of Prop. 10) on date election results were certified.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130145.

130145. The state commission and each county commission shall establish one or more advisory committees to provide technical and professional expertise and support for any purposes that will be beneficial in accomplishing the purposes of this act. Each advisory committee shall meet and shall make recommendations and reports as deemed necessary or appropriate.
(Added November 3, 1998, by initiative Proposition 10. Effective (by Sec. 7 of Prop. 10) on date election results were certified.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130150.

130150. (a) On or before October 15 of each year, each county commission shall conduct an audit of, and issue a written report on the implementation and performance of, its functions during the preceding fiscal year, including, at a minimum, the manner in which funds were expended, the progress toward, and the achievement of, program goals and objectives, and information on programs funded and populations served for all funded programs.
On or before November 1 of each year, each county commission shall submit its audit and report to the state commission for inclusion in the state commission’s consolidated report required in subdivision (b). Each commission shall submit its report in a format prescribed by the state commission if the state commission approves that format in a public meeting prior to the fiscal year during which it is to be used by the county commissions. The state commission shall develop the format in consultation with the county commissions.
(b) The state commission shall, on or before January 31 of each year, do both of the following:
(1) Conduct an audit and prepare a written report on the implementation and performance of the state commission functions during the preceding fiscal year, including, at a minimum, the manner in which funds were expended and the progress toward, and the achievement of, program goals and objectives.
(2) Prepare a written report that consolidates, summarizes, analyzes, and comments on the annual audits and reports submitted by all of the county commissions and the Controller for the preceding fiscal year. The written report shall include a listing, by category, of the aggregate expenditures on program areas funded by the state and county commissions pursuant to the purposes of this act, according to a format prescribed by the state commission. This report by the state commission shall be transmitted to the Governor, the Legislature, and each county commission.
(3) In the event a county commission does not submit the information prescribed in subdivision (a), the state commission may withhold funds that would otherwise have been allocated to the county commission from the California Children and Families Trust Fund pursuant to Section 130140 until the county commission submits the data as required by subdivision (a).
(c) The state commission shall make copies of each of its annual audits and reports available to members of the general public on request and at no cost. The state commission shall furnish each county commission with copies of those documents in a number sufficient for local distribution by the county commission to members of the general public on request and at no cost.
(d) Each county commission shall make copies of its annual audits and reports available to members of the general public on request and at no cost.
(Amended by Stats. 2005, Ch. 243, Sec. 1. Effective January 1, 2006. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130155.

130155. The following definitions apply for purposes of this act:
(a) “Act” means the California Children and Families Act of 1998.
(b) “County commission” means each county children and families commission established in accordance with Section 130140.
(c) “County strategic plan” means the plan adopted by each county children and families commission and submitted to the California Children and Families Commission pursuant to Section 130140.
(d) “State commission” means the California Children and Families Commission established in accordance with Section 130110.
(Amended by Stats. 1999, Ch. 126, Sec. 6. Effective July 14, 1999. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130156.

130156. The Children and Families Health and Human Services Fund is hereby established in the State Treasury. The Children and Families Health and Human Services Fund shall be used, upon appropriation by the Legislature, to provide health and human services, including, but not limited to, direct health care services, to children from birth through five years of age.
(Added by Stats. 2011, Ch. 4, Sec. 2. (AB 99) Effective March 24, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 108 - CALIFORNIA CHILDREN AND FAMILIES PROGRAM › Section 130157.

130157. Notwithstanding paragraph (1) of subdivision (d) of Section 130105, for the 2011–12 fiscal year, fifty million dollars ($50,000,000) from the accounts described in subparagraphs (A) to (F), inclusive, of paragraph (1) of subdivision (d) of Section 130105, including reserve funds, upon approval of the state commission, shall be transferred to and deposited in the Children and Families Health and Human Services Fund to support state health and human services programs for children from birth through five years of age. The state commission shall ensure that these funds are available for the purposes described in this section. To the extent it is necessary or appropriate for the state commission to disencumber existing obligations to meet the requirements of this section, the state commission, including, but not limited to, its representatives, officers, directors, and employees, including its attorneys and other persons, is hereby released from any and all liability, rights, claims, demands, and actions, known and unknown, which any party may have, arising in connection with the disencumbering of funds or obligations in accordance with this section. For purposes of this section, “state health and human services programs” includes, but is not limited to, direct health care services.
(Added by Stats. 2011, Ch. 4, Sec. 3. (AB 99) Effective March 24, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 130200.

130200. There is hereby established within the California Health and Human Services Agency the Center for Data Insights and Innovation to ensure the enforcement of state law mandating the confidentiality of medical information. The Center for Data Insights and Innovation shall be administered by a director who shall also serve as the California Health and Human Services Chief Data Officer and shall be appointed by the Secretary of California Health and Human Services.
(Repealed and added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 130202.

130202. For the purposes of this division, the following definitions apply:
(a) “Bona fide research” has the same meaning as subdivision (f) of Section 820 of Title 11 of the California Code of Regulations.
(b) “Center” means the Center for Data Insights and Innovation.
(c) “Chief Data Officer” means the Director of the Center for Data Insights and Innovation.
(d) “CHHS Open Data Portal” means the California Health and Human Services Agency Open Data Portal.
(e) “Director” means the Director of the Center for Data Insights and Innovation.
(f) “HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(g) “Research Data Hub” means the California Health and Human Services Agency Research Data Hub or future iterations and names of that product.
(h) “State entities” means all state departments, agencies, boards, commissions, programs, and other organizational units of the executive branch of state government.
(i) “Qualified researcher” means state entities, clinical investigators, including investigators conducting epidemiologic studies, health care research organizations, and accredited public or private nonprofit educational or health care institutions for bona fide research purposes.
(Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 130205.

130205. (a) The center shall administer the State Committee for the Protection of Human Subjects, which is California’s institutional review board. Before state information assets subject to the Information Practices Act (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) are disclosed for research, the request for data shall be approved by the State Committee for the Protection of Human Subjects in compliance with the process in Section 1798.24 of the Civil Code. In its duties, the State Committee for the Protection of Human Subjects board shall be fully independent in its review of requests for state data, institutional review board activities, and its activities under Section 1798.24 of the Civil Code.
(b) Upon appropriation by the Legislature, the center shall administer the CHHS Open Data Portal, develop and administer the Research Data Hub, and may develop and administer other significant data initiatives for California Health and Human Services Agency and its departments.
(c) The center shall use data to improve processes and provide strategic planning and services to the departments within the California Health and Human Services Agency, consistent with intent identified in subdivision (h) Section 130201.
(Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 130206.

130206. (a) The Legislature finds and declares that the center performs public health activities described in Section 164.512(b) of Title 45 of the Code of Federal Regulations when carrying out activities pursuant to this division. Personal information collected in accordance with this division is necessary to carry out projects with public health purposes.
(b) All personal information obtained or maintained by the center shall be confidential and shall be subject to the following requirements:
(1) Only deidentified and aggregated information shall be included in a publicly available analysis, data product, or research.
(2) All policies and procedures developed in implementing this division shall ensure that the privacy, security, and confidentiality of consumers’ personal information is protected, as required by the Information Practices Act of 1977, and consistent with state and federal health privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and data shall not be disclosed until the center has developed a policy regarding the release of data.
(c) Unless otherwise specified in this division, personal information collected by the center from other states entities shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this division.
(d) Any information collected or obtained shall not be used for determinations regarding individual patient care or treatment and shall not be used for any individual eligibility or coverage decisions or similar purposes.
(Amended by Stats. 2022, Ch. 28, Sec. 114. (SB 1380) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 103206.1.

103206.1. (a) The center shall meet the following requirements with regard to the disclosure of information to qualified researchers:
(1) The center shall develop a comprehensive program for the use, access, and disclosure of personal information that includes data use agreements that require data users to comply with this division. The purpose of the program is to ensure that only aggregated, deidentified information is publicly accessible. The program shall be designed to recognize a consumer’s right of privacy and shall include at least the privacy protection standards specified in Section 103206.2.
(2) Access to personal information shall be governed by the use, access, and disclosure program to be developed by the center pursuant to paragraph (1).
(3) The center shall establish a secure research environment for access to personal information. The environment shall include access controls sufficient to ensure that users access only the personal information specified in an approved request and that personal information is protected from unapproved use.
(4) The center shall maintain information about requests and the disposition of requests, and shall develop processes for the timely consideration and release of personal information.
(b) To meet the research and policy goals of the center, it is necessary that access to personal information by qualified researchers is controlled.
(c) Unless otherwise expressly permitted by federal or state law, the center shall not disclose personal information to anyone other than a qualified researcher, or a public health authority as defined in Section 164.501 of Title 45 of the Code of Federal Regulations.
(Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 103206.2.

103206.2. (a) (1) In granting access to qualified researchers or a public health authority pursuant to subdivision (c) of Section 103206.1, the center shall only grant access to the minimum amount of personal information necessary for an approved project or access to a dataset designed for an approved purpose.
(2) Each person who accesses or obtains personal information on behalf of a qualified researcher or public health authority shall sign a data use agreement.
(3) The data use agreement shall prohibit the recipient from further disclosure of the personal information received that is not otherwise expressly permitted by federal or state law.
(4) Violation of a data use agreement entered into pursuant to paragraph (2) shall be considered a violation of Section 1798.56 of the Civil Code and, if applicable, Section 1798.57 of the Civil Code.
(b) Access to personal information by qualified researchers shall be permissible only if the following requirements are met:
(1) If the personal information does not include any of the direct personal identifiers listed in Section 164.514(e) of Title 45 of the Code of Federal Regulations, access may be provided to qualified researchers for research and analysis purposes consistent with intent identified in subdivision (h) of Section 130201.
(2) If the personal information includes any of the direct personal identifiers listed in Section 164.514(e) of Title 45 of the Code of Federal Regulations, access may be provided only to qualified researchers for research projects that offer significant opportunities to achieve the center’s intent identified in subdivision (h) of Section 130201 and shall meet all of the following criteria:
(A) The project has been approved by the Committee for the Protection of Human Subjects pursuant to subdivision (t) of Section 1798.24 of the Civil Code.
(B) The requester has documented expertise with privacy protection and with the analysis of large sets of confidential information.
(C) The research shall be made available to the center.
(Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 130207.

130207. (a) Effective July 1, 2021, the Center for Data Insights and Innovation Fund is hereby created in the State Treasury, and, upon appropriation by the Legislature, moneys in the fund shall be made available for the purpose of this division. Any moneys in the fund that are unexpended or unencumbered at the end of the fiscal year may be carried forward to the next succeeding fiscal year.
(b) The Center for Data Insights and Innovation Fund is the successor fund to the Office of Health Information Integrity Trust Fund. All the assets and liabilities of the Office of Health Information Integrity Trust Fund shall become assets and liabilities of the Center for Data Insights and Innovation Fund upon establishment of the Center for Data Insights and Innovation Fund.
(c) Notwithstanding Section 16305.7 of the Government Code, all interest earned on moneys that have been deposited in the fund shall be retained in the fund and used for purposes consistent with this division.
(d) The fund shall be administered by the director and moneys in the fund shall be used to pay all costs arising from the implementation of this division and rendering services to state entities as required by this division, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the center and costs associated with technical assistance, and to establish reserves. At the discretion of the director, segregated, dedicated accounts within the fund may be established.
(e) The fund shall consist of all of the following:
(1) Moneys appropriated and made available by the Legislature for the purposes of this division.
(2) All revenues received from the services provided for in this division.
(3) Any other moneys that may be made available to the center from any other source, including, but not limited to, the return from investments of moneys by the Treasurer and funds received pursuant to subdivision (g).
(f) The center may collect fee-for-service payments from a nonstate entity for services provided to the nonstate entity by the State Committee for the Protection of Human Subjects.
(g) The center may also solicit funding in any of the following ways:
(1) The center may apply to the United States Secretary of Health and Human Services for federal grants.
(2) To the extent permitted by federal law, the center may seek federal financial participation for assisting beneficiaries of the Medi-Cal program.
(Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 130208.

130208. (a) The Office of Patient Advocate Trust Fund shall be renamed to the Health Plan Improvement Trust Fund.
(b) The moneys in the Health Plan Improvement Trust Fund shall, upon appropriation by the Legislature, be made available for the purposes in Section 130204.
(c) All moneys in the Health Plan Improvement Trust Fund created pursuant to former Section 130208, as added by Section 11 of Chapter 696 of the Statutes of 2021, shall be transferred to the renamed Health Plan Improvement Trust Fund, identified as Fund 3209 in the Department of Finance’s Uniform Codes Manual.
(d) Notwithstanding Section 16305.7 of the Government Code, all interest earned on moneys that have been deposited in the Health Plan Improvement Trust Fund shall be retained in the fund and used for purposes consistent with Section 130204.
(Repealed and added by Stats. 2022, Ch. 50, Sec. 9. (SB 187) Effective June 30, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 130209.

130209. (a) Moneys transferred from the Managed Care Fund and the Insurance Fund for use by the center shall be deposited into the Health Plan Improvement Trust Fund.
(b) The share of funding from the Managed Care Fund shall be based on the number of covered lives in the state that are covered under plans regulated by the Department of Managed Health Care, including covered lives under Medi-Cal managed care, as determined by the Department of Managed Health Care, in proportion to the total number of all covered lives in the state.
(c) The share of funding to be provided from the Insurance Fund shall be based on the number of covered lives in the state that are covered under health insurance policies and benefit plans regulated by the Department of Insurance, including covered lives under Medicare supplement plans, as determined by the Department of Insurance, in proportion to the total number of all covered lives in the state.
(Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 130210.

130210. The director may adopt regulations to implement this division and the changes made to subdivision (t) of Section 1798.24 of the Civil Code by the act that added this section. Before adopting regulations, the center shall adopt the following standards:
(a) At least 45 days prior to adoption, the center shall post a proposed regulation on its internet website. Public comment shall be accepted by the center for at least 30 days after the proposed regulation is posted. If a member of the public requests a public hearing during the 30-day review period, the hearing shall be held prior to adoption of the regulation. The process described in this subdivision shall apply to the adoption of new regulations and to changes to existing regulations until June 30, 2024.
(b) Adoption of, and changes to, regulations adopted pursuant to this division shall not be subject to the rulemaking requirements of Section 11343.4 of, and Article 5 (commencing with Section 11346) and Article 6 (commencing with Section 11349) of Chapter 3.5, of Part 1 of Division 3 of Title 2 of the Government Code until June 30, 2024.
(c) The director shall file any regulation adopted pursuant to this division with the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. Any regulation filed with the Office of Administrative Law pursuant to this subdivision shall include a citation to this section and any other applicable state or federal laws as providing authority for the adoption of the regulation.
(1) Any regulation adopted pursuant to this division shall become effective on the date it is filed with the Secretary of State unless the director prescribes a later date in the regulation or in a written instrument filed with the regulation.
(2) Any regulation adopted pursuant to this division shall expire the date that this division is repealed.
(Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 109 - Center for Data Insights and Innovation › Section 130211.

130211. The center may contract for the provision of services required to implement this division. The center shall adopt standards for the organizations with which it contracts pursuant to this section to ensure compliance with the privacy and confidentiality laws of this state, conduct privacy trainings as necessary, and regularly verify that the organizations have measures in place to ensure compliance with the adopted standards. The Legislature finds that these contracts are for a new state function and authorizes the performance of this work by independent contractors, pursuant to paragraph (2) of subdivision (b) of Section 19130 of the Government Code.
(Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130400.

130400. (a)  This division shall be known, and may be cited as, the Golden Bear State Pharmacy Assistance Program.
(b)  As used in this division:
(1)  “Department” means the State Department of Health Services.
(2)  “Fund” means the Golden Bear State Pharmacy Assistance Program Rebate Fund.
(3)  “Medicare beneficiary” means a Medicare beneficiary who is a California resident.
(Amended by Stats. 2002, Ch. 542, Sec. 3. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130401.

130401. (a)  In addition to participating in the program provided for under Article 24 (commencing with Section 4425) of Chapter 9 of Division 2 of the Business and Professions Code, any Medicare beneficiary may participate in the program provided for under this division.
(b)  The department shall conduct an outreach program to inform Medicare beneficiaries of their right to participate in this program. Medicare beneficiaries shall be informed of the method by which the prescription drug discount is determined and that the discount shall periodically fluctuate. No outreach material shall contain a likeness of an elected state official.
(c)  In order to participate in the program provided for under this division, a Medicare beneficiary shall be required to register on a one-time basis. Registration may be made at any pharmacy participating in this program. In order to register for the program, the Medicare beneficiary shall pay to the pharmacy an administrative fee, which the pharmacy shall retain, in an amount to be established by the department. Upon payment of this fee, the pharmacy shall issue a program registration card, which shall be prepared and provided to the pharmacy by the department, to the Medicare beneficiary.
(Amended by Stats. 2002, Ch. 542, Sec. 4. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130401.1.

130401.1. (a)  The department may accept on behalf of the state any gift, bequest, or donation of outreach services or materials to inform eligible Medicare beneficiaries of their right to participate in this program. Neither Section 11005 of the Government Code nor any other law requiring approval by a state officer of a gift, bequest, or donation shall apply to these gifts, bequests, or donations. For purposes of this section, outreach services may include, but not be limited to, coordinating and implementing outreach efforts and plans, and outreach materials may include, but not be limited to, brochures, pamphlets, fliers, posters, advertisements, and other promotional items.
(b)  An advertisement provided as a gift, bequest, or donation pursuant to this section shall be exempt from the provisions of Article 5 (commencing with Section 11080) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2002, Ch. 542, Sec. 5. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130402.

130402. (a)  Any pharmacy may participate in the program provided for under this division. However, this division shall apply only to prescriptions dispensed to noninstitutionalized Medicare beneficiaries.
(b)  Any drug manufacturer may participate in the program provided for under this division.
(Added by Stats. 2001, Ch. 693, Sec. 2. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130403.

130403. (a)  The department shall attempt to negotiate rebate amounts with drug manufacturers for all prescription drugs purchased by Medicare beneficiaries. As part of these agreements, the department shall negotiate a separate fee in an amount required to administer each pharmacy claim reimbursement submitted to the department pursuant to Section 130405.
(b)  If the department determines that it is unable to negotiate rebates with a sufficient number of drug manufacturers, it may cease to continue the implementation or operation of this division.
(Amended by Stats. 2002, Ch. 542, Sec. 6. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130404.

130404. (a)  With respect to any prescription drug for which a rebate amount has been negotiated pursuant to Section 130403, upon presentation of a program registration card issued pursuant to Section 130401, a participating pharmacy shall charge Medicare beneficiaries a price for a prescription drug that does not exceed the following computed price:
(1)  The Medi-Cal reimbursement rate for the prescription drug, and an amount, as set by the department, to cover electronic transmission charges.
(2)  The amount ascertained pursuant to paragraph (1) shall be reduced by the rebate amount negotiated by the department pursuant to Section 130403.
(b)  The pharmacy shall request, and the department shall provide, through electronic means, the price to be charged pursuant to this section.
(c)  This division shall not apply to any prescription that is covered by insurance.
(Amended by Stats. 2002, Ch. 542, Sec. 7. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130405.

130405. Whenever a pharmacy provides a prescription drug to an individual pursuant to Section 130404, the pharmacy shall bill the department for the amount computed pursuant to paragraph (2) of subdivision (a) of Section 130404 and the department shall pay that amount.
(Added by Stats. 2001, Ch. 693, Sec. 2. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130406.

130406. (a)  The department may collect prospective rebates from drug manufacturers for payment to pharmacies pursuant to Section 130405.
(b)  The department shall notify a drug manufacturer of all instances in which it has paid a rebate amount pursuant to Section 130405 with respect to one of the manufacturer’s drugs.
(c)  A drug manufacturer shall pay the department the amount of any rebate of which the drug manufacturer is notified pursuant to subdivision (b) that exceeds the amount collected by the department pursuant to subdivision (a).
(Amended by Stats. 2002, Ch. 542, Sec. 8. Effective January 1, 2003.)