reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 2 - Destruction of Records and Exhibits of Human Health › Section 123155.

123155. The board of supervisors of any county, in addition to its other powers and duties may acquire or construct exhibits and displays depicting all or parts of the human body and functions thereof for the purpose of educating the public with regard to human health, and maintain, operate and manage the exhibits and displays in any county or other public building. It may enter into contracts or leases with any other governmental agency or any nonprofit association or corporation, including a county medical association, for the construction and acquisition of the exhibits and displays, and for the maintenance, operation and management of the exhibits and displays in any county or other public building, without consideration except the agreement of the contracting or leasing agency, association or corporation to construct, acquire, maintain, operate and manage the exhibits and displays for the purpose of public health education and upon any other terms and conditions as may be agreed upon by the board and the contracting or leasing agency, association or corporation.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123175.

123175. The Legislature finds and declares as follows:
(a)  A catastrophic illness or injury may financially devastate an individual or the family of that individual because of extraordinary medical expenses. It is vitally necessary to the public health and welfare of the State of California that:
(1)  Its residents not be burdened with those financial costs. Most health insurance policies contain a monetary limitation on the amount of money that can be expended on a particular illness or individual, leaving any balance to be paid by the patient. The state has enacted this chapter to promote the availability of additional insurance to help pay extensive medical costs.
(2)  The state government not be financially burdened by residents who may become indigent due to these catastrophic health costs.
(b)  It is the intent of the Legislature in enacting this chapter to institute a program to inform state residents of the need for catastrophic health insurance, and to make this insurance available to residents through an independent insurer at no cost or liability to the state.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123180.

123180. As used in this chapter:
(a)  “Catastrophic health insurance” means a supplementary insurance contract that indemnifies a California resident for medical expenses, including at least the costs of the basic health care services that result from an illness, injury, or disease, and that are greater than fifty thousand dollars ($50,000), subject to a lifetime benefit limit of one million dollars ($1,000,000).
(b)  “Resident” means any individual who lives in California for at least 90 consecutive days.
(c)  “Insurer” as used in this chapter includes a disability insurer that covers hospital, medical, or surgical expenses, and a nonprofit hospital service plan.
(d)  “Basic health care services” includes, but is not limited to, the following:
(1)  Inpatient hospital treatment, including room and board, general nursing services, diagnostic tests, supplies, and other medically necessary services.
(2)  Outpatient services for surgery, presurgical diagnostic tests, emergency care, and chemotherapy.
(3)  Surgery and anesthesia.
(4)  Hospital and office visits and consultations.
(5)  X-rays and laboratory tests; allergy tests, injections, and sera.
(6)  Maternity care for the subscriber or enrolled spouse.
(7)  Psychotherapy.
(8)  Chemotherapy and radiation therapy.
(9)  Physical, speech, occupational and respiratory therapies.
(10)  Prescription drugs.
(11)  Prostheses and durable medical equipment, such as artificial limbs, hospital beds, and wheelchairs.
(12)  Cardiac rehabilitation program.
(13)  Local ambulance service.
(14)  Alcohol and drug abuse rehabilitation.
(15)  Rehabilitative care.
(16)  Outpatient skilled nursing care (up to two hours per day for up to 50 days per calendar year).
(17)  Home health care and hospice services provided by an approved home health agency or hospice agency.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123185.

123185. The director shall, in consultation with, and approval of the Department of Insurance, do all of the following:
(a)  Contract with an insurer or insurers to provide any resident catastrophic health insurance.
(b)  Inform residents of the availability of catastrophic health insurance.
(c)  Provide oversight for all contract obligations of the insurer.
(d)  Approve all advertising and marketing materials used by an insurer in connection with catastrophic health insurance provided under this chapter in order to ensure accuracy and fairness. The advertising standards used shall be those set out in Section 1360.
(e)  Determine the cost of the oversight function and make provisions to cover all administrative costs.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123190.

123190. The director may appoint a full-time employee, and other staff as required, to implement this chapter.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123195.

123195. (a)  A contract provided for by this chapter shall not be required to cover a preexisting medical condition of the resident during the first 10 months the resident is covered by catastrophic health insurance provided under this chapter. Charges for a preexisting condition shall not apply toward the deductible during the first 10 months of coverage. Charges for other conditions during that initial period shall apply toward the deductible.
(b)  The contract shall also prohibit the insurer from discriminating against prospective insureds in their underwriting practices on the basis of demographic factors, such as age, or preexisting medical conditions.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123200.

123200. The state is not liable in any way for any claims arising out of an arrangement for insurance established under this chapter. The insurer shall bear the cost of all claims, and shall indemnify the state against all claims and the cost of defending against all claims in connection with an arrangement for catastrophic health insurance established under this chapter.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123205.

123205. The director shall enter into contracts pursuant to subdivision (a) of Section 123185 only with insurers that meet all of the following criteria, as determined by the director:
(a)  The insurer shall be actuarially sound.
(b)  The insurer shall be fully self-supported by its policy premiums or charges and investments.
(c)  The insurer shall use advertising that is accurate.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123210.

123210. (a)  The term of any contract entered into pursuant to subdivision (a) of Section 123185 shall be determined by the director, but shall not exceed three years.
(b)  The contract shall contain a provision authorizing the director to terminate the contract upon giving 60 days’ written notice to the insurer of any of the following causes for termination:
(1)  The department has determined that management practices of the insurer or the current financial condition of the insurer interferes with the efficient and timely payment of catastrophic health insurance benefits.
(2)  Continuing failure of the insurer to timely pay the benefits of its policies of catastrophic health insurance or provide catastrophic health insurance services in accordance with the contract.
(3)  Other continuing unsatisfactory performance by the insurer under the contract, based upon complaints received from insureds or other sources, if the insurer has failed to take reasonable, effective, and prompt actions to resolve the complaints.
(c)  The contract shall contain a provision authorizing the director to terminate the contract without cause upon any annual anniversary date of the contract by giving at least 60 days’ notice to the insurer.
(d)  The director may give up to 120 days’ notice to terminate if it is determined to be in the best interest of plan participants.
(e)  The director shall annually certify that participating providers meet the conditions of the program. In carrying out this requirement, the director shall consult with the Department of Insurance to obtain any audits performed by those agencies that may be used in evaluating the performance of each provider.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123215.

123215. Premiums or charges paid for catastrophic health insurance provided pursuant to this chapter shall include an increment to defray the reasonable administrative costs of the department in administering this chapter that shall be transmitted by insurers to the department as provided in the contract.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 3 - Catastrophic Health Insurance › Section 123220.

123220. If studies or research demonstrate that it is in the best interest of the program, the director may adopt regulations setting forth modifications to the coverage provided under the program. No modification shall apply to any coverage provided by a policy or contract issued prior to the operative date of the regulation, except that the modification shall apply to coverage provided after any renewal of the policy or contract occurring after the operative date of the regulation.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 4 - Written Materials For Patients › Section 123222.1.

123222.1. (a)  Notwithstanding any other provision of law, any printed materials specified in subdivision (b), that are provided to a patient by an employee or authorized agent on behalf of a general acute care hospital, as defined in subdivision (a) of, a skilled nursing facility, as defined in subdivision (c) of, an intermediate care facility as defined in subdivision (d) of, a nursing facility, as defined in subdivision (k) of, Section 1250, or a residential care facility for the elderly, as defined in subdivision ( l) of Section 1569.2, shall be printed in at least a 12-point font that is clear and legible.
(b)  The section shall apply only to the following:
(1)  Admission and discharge papers and forms from general acute care hospitals, skilled nursing facilities, intermediate care facilities, and nursing facilities.
(2)  Medical and therapeutic instructions prepared by the facility specifically for an individual upon his or her discharge from a general acute care hospital, a skilled nursing facility, an intermediate care facility, or a nursing facility.
(3)  Any contract for consent for hospitalization, or agreement to assume financial responsibility between a patient and any of the facilities specified in paragraph (1).
(4)  Instructions and forms for advance health care directives, as defined in Section 4605 of the Probate Code.
(5)  Information produced by the hospital or facility regarding the rights and responsibilities of patients or residents while receiving care at the hospital or facility, and regarding grievances and appeals, including forms and instructions.
(6)  Correspondence written, printed, or produced by any of the facilities specified in paragraph (1), or a residential care facility for the elderly.
(c)  Any entity described in paragraph (1) of subdivision (b), and any residential care facility for the elderly, may continue to use its supply of materials that exists on January 1, 2003, until that supply is exhausted or until January 1, 2006, whichever occurs first, and thereafter shall comply with the requirements of this section.
(d)  The hospital’s or facility’s policies and procedures are specifically excluded from the requirements of this section.
(Added by Stats. 2002, Ch. 550, Sec. 2. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 4 - Written Materials For Patients › Section 123222.3.

123222.3. (a) A health facility at which a mammography examination is performed shall, if a patient is categorized by the facility as having heterogeneously dense breasts or extremely dense breasts, based on the Breast Imaging Reporting and Data System established by the American College of Radiology, include in the summary of the written report that is sent to the patient, as required by federal law, the following notice:
Your mammogram shows that your breast tissue is dense. Dense breast tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and may also be associated with an increased risk of breast cancer.
This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your doctor. Together, you can decide which screening options are right for you. A report of your results was sent to your physician.
(b) (1) This section shall not be deemed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.
(2) This section shall not be deemed to require a notice that is inconsistent with the provisions of the federal Mammography Quality Standards Act (42 U.S.C. Sec. 263b) or any regulations promulgated pursuant to that act.
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended by Stats. 2018, Ch. 332, Sec. 1. (SB 1034) Effective January 1, 2019. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 1 - GENERAL ADMINISTRATION › CHAPTER 5 - Children s Medical Services Rebate Fund › Section 123223.

123223. (a)  The Children’s Medical Services Rebate Fund is hereby created as a special fund in the State Treasury.
(b)  All rebates for the delivery of health care, medical supplies, pharmaceuticals, including blood replacement products, and equipment for clients enrolled in the state funded Genetically Handicapped Persons Program, Chapter 2 (commencing with Section 125125) of Part 5, and the California Children’s Services Program, Article 5 (commencing with Section 123800) of Chapter 3 of Part 2, and, notwithstanding Section 16305.7 of the Government Code, interest earned on these moneys, shall be deposited in the Children’s Medical Services Rebate Fund exclusively to cover costs related to services, and the administration of services, provided through the Genetically Handicapped Persons Program and California Children’s Services Program.
(c)  Notwithstanding Section 13340 of the Government Code, moneys in the Children’s Medical Services Rebate Fund are continuously appropriated without regard to fiscal year to the State Department of Health Care Services and available for expenditure for those purposes specified under this section.
(Amended by Stats. 2015, Ch. 303, Sec. 351. (AB 731) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 1 - Maternal, Child, and Adolescent Health › Section 123225.

123225. The department shall maintain a program of maternal and child health.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 1 - Maternal, Child, and Adolescent Health › Section 123230.

123230. The department may investigate, and disseminate educational information relating to, conditions affecting the health of the children of this state.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 1 - Maternal, Child, and Adolescent Health › Section 123232.

123232. (a)  The department shall develop or obtain a brochure to educate pregnant women and new parents about the important role in maintaining a healthy lifestyle and preventing chronic diseases of both of the following:
(1)  Eating a diet rich in fruits and vegetables.
(2)  Staying active every day.
(b)  The brochure shall address how proper nutrition and exercise help prevent the development of chronic disease in pregnant women, new mothers, and young children. The brochure shall also include information regarding the critical role of fruits and vegetables in a person’s diet, especially as an important source of vitamins and nutrients to new mothers and their breast milk.
(c)  The department shall include the brochure on the department’s Web site.
(d)  The brochure shall be distributed as follows:
(1)  By the department to each individual who contacts the BabyCal program and receives a package of information from the program.
(2)  By a provider to each participant in the Access for Infants and Mothers (AIM) program one time during the participant’s pregnancy.
(e)  The brochure shall be available in both English and Spanish.
(f)  This section shall be implemented only if, and to the extent that, federal or private funding, or both, are available for that purpose.
(Added by Stats. 2003, Ch. 879, Sec. 2. Effective October 12, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 1 - Maternal, Child, and Adolescent Health › Section 123235.

123235. The program may include the provision of educational, preventative, diagnostic and treatment services, including medical care, hospitalization and other institutional care and aftercare, appliances and facilitating services directed toward reducing infant mortality and improving the health of mothers and children. The department may make grants or contracts or advance funds from any funds that are made available for the purposes of the Maternal and Child Health Program Act (Section 27).
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 1 - Maternal, Child, and Adolescent Health › Section 123245.

123245. The Maternal and Child Health Program Act (Section 27) does not give the power to force compulsory medical or physical examination of children.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 1 - Maternal, Child, and Adolescent Health › Section 123250.

123250. Upon request the department shall advise all public officers, organizations, and agencies interested in the health and welfare of mothers and children in the state.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 1 - Maternal, Child, and Adolescent Health › Section 123255.

123255. (a)  The department may maintain a maternal and child health program in each county.
(b)  Notwithstanding any other provision of law, the department may allocate, for the purposes of maintaining a maternal and child health program, to a county an amount determined in a manner as the director shall provide. The total of all county allocations shall not exceed the annual appropriation for this purpose.
(c)  To be considered for an allocation, the county’s governing board shall submit a plan and budget for the county’s program in accordance with maternal and child health plans and priorities to be approved by the department under Title V of the Public Health Service Act (42 U.S.C. Sec. 701 et seq.). The department shall establish the procedures and format for submission of the plan and budget. The plan shall conform to the department’s maternal and child health priorities that are in accordance with the core public health functions of needs assessment, policy development, and assurance.
(d)  The department shall establish minimum standards that govern the basis for allocations to counties, including, but not limited to, the services to be provided, administration, staffing, fiscal accountability, and eligibility for services. The department may recoup or withhold all or part of a county’s allocation for failure to comply with those standards.
(e)  Claims for reimbursement shall be made in a manner as provided by the director for activities provided in accordance with the plan and budget for the fiscal year in which the expenses upon which the claim is based are incurred.
(f)  There shall be no reimbursement for any of the following:
(1)  Projects or programs identified unless previously approved by the department as part of the maternal and child health plan.
(2)  Capital improvements.
(3)  The purchase or construction of buildings except for the equipment items and remodeling expenses as may be allowed by the department on a case-by-case basis.
(g)  The department and counties shall maximize the use of federal funds available to implement this section, including using state or county funds to match funds claimable under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).
(h)  (1)  For purposes of this program, the department shall reimburse a county pursuant to this section in lieu of renewing or commencing a cooperative agreement with a county for the operation of a maternal and child health program.
(2)  It is the intent of the Legislature that cooperative agreements between the department and a county for the operation of a maternal and child health program pursuant to this section be replaced by the process described in this section beginning with the 1997–98 fiscal year.
(Added by Stats. 1997, Ch. 294, Sec. 25. Effective August 18, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 1 - Maternal, Child, and Adolescent Health › Section 123259.

123259. (a) The Legislature finds and declares that there continues to be a statewide gap between mortality rates for Black infants and those for other population groups. While there have been modest but statistically significant declines in infant mortality generally, including a decline in Black infant mortality, the rate of mortality among Black infants continues to be two to four times higher than the rates for other groups statewide. Furthermore, preterm birth, which is the leading cause for infant death, has increased for the third straight year in California. The social support, stress management, and empowerment model of the Black Infant Health Program is an evidence-informed intervention program designed to reduce Black infant mortality. Other interventions that show promise but do not currently receive state support would enhance the impact of current funding for Black infant health.
(b) It is the intent of the Legislature to promote the establishment of Community Centers of Excellence in perinatal health based on public health science concerning the causes of persistent inequality and current best practices to narrow the gap. It is the further intent of the Legislature to direct funding to local health jurisdictions to ensure the leadership and coordination required for widespread and lasting change in public awareness and in public health and clinical practice.
(Amended by Stats. 2023, Ch. 174, Sec. 1. (AB 1701) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123275.

123275. The Legislature finds that medical, educational and psychological evidence increasingly points to adequate nutrition as a determinant not only of good physical health but also of full intellectual development and educational achievement, with adequate nutrition in the earliest months and years being particularly important for full development of the child’s mind and body, that problems of child nutrition cut across income lines and can result not only from low income but also from parental ignorance or neglect and that there is a need for a statewide child nutrition program that has the potential of reaching all pregnant women and mothers of infants.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123279.

123279. (a)  It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314), which is designed to accomplish the following:
(1)  Provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers’ markets.
(2)  Expand the awareness and use of certified farmers’ markets and increase sales at those markets.
(b)  The department may establish a program designed to implement the federal WIC Farmers Market Nutrition Act of 1992.
(c)  If the program is established, the department shall develop criteria to permit any producer authorized by the department to participate in the program to sell fresh nutritious foods to recipients in exchange for nutrition coupons.
(d)  If the program is established, the department shall authorize local agencies to distribute nutrition coupons to all recipients, as defined by subdivision (c) of Section 123285 of the Health and Safety Code.
(e)  If the program is established, the department shall design the nutrition coupon issuance process to ensure that nutrition coupons are bearer-only, nonnegotiable, and nontransferable by the recipient and that they may be redeemed by recipients only to purchase fresh produce and redeemed for reimbursement only by authorized producers.
(f)  It is the intent of the Legislature that the program established by this section to implement the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314) be funded 70 percent by federal funds and 30 percent by private or other funds, as specified by the federal act.
(Added by Stats. 1997, Ch. 294, Sec. 26. Effective August 18, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123280.

123280. (a)  The department may conduct a statewide program for providing nutritional food supplements to low-income pregnant women, low-income postpartum and lactating women, and low-income infants and children under five years of age, who have been determined to be at nutritional risk by a health professional, based on criteria established by the department. Any program established pursuant to this section shall do all of the following:
(1)  Comply with all the requirements of this article.
(2)  Be conducted only if a special project is authorized by inclusion in the Budget Act or notification is provided to the Legislature pursuant to Section 28 of the Budget Act, and federal funds are appropriated therefor.
(3)  Be known as the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program).
(b)  The department shall administer this article and shall adopt minimum standards and regulations as necessary.
(c) In order to be in conformity with federal law and to remain in compliance with federal funding, the department shall adopt all mandatory requirements and guidelines set forth in federal law and federal regulation for the federal Special Supplemental Nutrition Program for the WIC program, including, but not limited to, the Child Nutrition Act of 1966, and the amendments thereto (Chapter 13A (commencing with Section 1786) of Title 42 of the United States Code), Part 246 of Title 7 of the Code of Federal Regulations, and federal memoranda and guidance letters clarifying and interpreting those laws and regulations as the requirements for the WIC Program. In adopting the federal mandatory requirements and guidelines, the department shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department may adopt these requirements and guidelines by bulletin or similar instruction.
(Amended by Stats. 2012, Ch. 787, Sec. 2. (AB 2322) Effective September 29, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123285.

123285. As used in this article, the following definitions shall apply:
(a) “Health professional” means a physician and surgeon, registered nurse, nutritionist, dietitian, or state or local medically trained health official, who is competent to professionally evaluate nutritional need and to authorize supplemental foods, as determined by the state department.
(b) “Low income” means an income of not more than 185 percent of the poverty level as determined by the federal poverty income guidelines promulgated by the United States Department of Health and Human Services.
(c) “Recipient” means low-income pregnant women, low-income post partum and lactating women, and low-income infants and children under five years of age, who are determined to be at nutritional risk by a health professional, based on criteria established by the state department.
(d) “Nutrition coupon” means a check that is limited as to value, food type, and food quantity and that has a limited period of validity.
(e) “WIC Program” means the California Special Supplemental Nutrition Program for Women, Infants, and Children.
(Amended by Stats. 2012, Ch. 787, Sec. 3. (AB 2322) Effective September 29, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123295.

123295. Nutrition coupons in an amount sufficient to meet the nutritional needs of a recipient for one month shall be granted to a recipient by facilities and persons referred to in subdivision (g) of Section 123290 upon the written finding of nutritional need by the recipient’s physician or other health professional.
(Amended by Stats. 1997, Ch. 97, Sec. 8. Effective July 21, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123300.

123300. The department may, under any program established pursuant to this article, investigate the feasibility of contracting with one or more banks in the area served by the program for the redemption of nutrition coupons.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123302.

123302. (a) (1) Notwithstanding any other law, the department may design, implement, and fund an electronic benefits transfer (EBT) system for the California Special Supplemental Food Program for Women, Infants, and Children. Sections 10066, 10067, and 10068 of, and subdivision (m) of Section 10072 of, the Welfare and Institutions Code, shall apply to the administration of this section.
(2) The department shall not implement any EBT system authorized by this section until the department completes a feasibility study, and funding for the system is provided in the annual Budget Act.
(b) The department shall seek the advice of the Electronic Benefits Transfer Committee, created by Section 10067 of the Welfare and Institutions Code, in implementing this section, and shall obtain the approval of the United States Department of Agriculture, which is the federal governing agency, prior to the establishment of any EBT system.
(c) The department shall develop a plan to determine the feasibility of implementing an EBT system for the California Special Supplemental Food Program for Women, Infants, and Children by January 1, 2003, and shall report its findings to the Legislature by July 1, 2003.
(Amended by Stats. 2014, Ch. 720, Sec. 2. (AB 1614) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123305.

123305. The department, under any program established pursuant to this article, may collect data to determine the need for and the continuation of a supplemental nutritional program for recipients under this article.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123310.

123310. The department, under any program established pursuant to this article, shall authorize retail food vendors, by written agreement, to accept nutrition coupons and reimbursement according to the system developed by the department. The department shall authorize an appropriate number and distribution of food vendors in order to ensure adequate participant convenience and access and to ensure that state or local officials can effectively manage review of authorized food vendors in their jurisdictions. The department shall establish criteria to limit the number of retail food vendors with which the department enters into agreements. The criteria, at a minimum, shall include:
(a)  The prices the vendor charges for foods in relation to other vendors in its peer group. For purposes of this subdivision, “peer group” means a group of vendors with similar characteristics that may include, but shall not be limited to, any or all of the following:
(1)  Geographic location of the store.
(2)  Store size.
(3)  Type of store.
(4)  Number of cash registers.
(5)  Sales volume relating to any program established pursuant to this article.
(6)  Gross sales volume.
(7)  Inventory.
(8)  Other vendor characteristics established by the department.
(b)  The ability of the department to ensure that authorized supplemental foods will be provided through in-store compliance purchases.
(c)  The adequacy of the shelf stock of the authorized supplemental foods.
(d)  Past performance of the vendor in compliance with this article and with CalFresh.
(Amended by Stats. 2011, Ch. 227, Sec. 13. (AB 1400) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123312.

123312. (a) The department shall specify the criteria the department shall use and the actions the department shall take when initiating a moratorium on new WIC Program retail food vendor location applications. 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 section by means of a vendor bulletin when initiating a moratorium on new WIC Program retail food vendor location applications.
(b) A vendor bulletin initiating a moratorium, at a minimum, shall include all of the following:
(1) The reason for, and the maximum duration of, a moratorium.
(2) An action plan with specific steps the department plans to take by the identified end date of the moratorium that addresses the reason or need for the moratorium. The department shall make this information, including any changes to the action plan, available to the public by posting this information on the department’s Internet Web site and through other forms of electronic communication.
(3) Exceptions for processing applications during the moratorium period, including the processing of a retail food vendor’s application to add a specific store location to a current master vendor agreement if the department received the vendor’s completed application for that store location prior to the effective date of the moratorium.
(c) The department shall provide retail food vendors with a minimum of 30 days’ notice prior to the effective date of, or extension of, a moratorium.
(d) The department shall seek any federal approvals necessary to implement this section.
(e) Moratoriums required by federal directive shall not be subject to the requirements of this section.
(Added by Stats. 2012, Ch. 787, Sec. 4. (AB 2322) Effective September 29, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123315.

123315. (a)  The department, under any program established pursuant to this article, shall ensure that, at a minimum, the authorized vendor shall do all of the following:
(1)  Redeem nutrition coupons only from persons bearing appropriate identification provided by the department.
(2)  Redeem nutrition coupons for only those foods specified thereon.
(3)  Redeem nutrition coupons at an amount that is the same as, or lesser than, that charged other customers for identical foods.
(4)  Redeem and deposit nutrition coupons during specified valid periods.
(5)  Deposit the nutrition coupons directly in the vendor’s bank account and not transfer them for cash payment, credit, or any other benefit to any party other than the vendor’s bank or the state.
(6)  Maintain for a period of at least three years records that shall include, but not be limited to, all of the following:
(A)  Inventory records showing all purchases, both wholesale and retail, in the form of invoices that identify the quantity and prices of specified authorized supplemental foods.
(B)  Sales and use tax returns.
(C)  Books of account.
(D)  Other pertinent records that the department determines are necessary to substantiate the volume and prices charged to the state department through the nutrition coupons redeemed by the vendor.
(7)  Accept up to the maximum allowable department reimbursement as payment in full for the maximum allowable quantity of food listed on the food instrument.
(8)  Comply with department rules of vendor authorization, reimbursement, and monitoring that control program food costs, maximize participant access, and ensure program integrity.
(b)  The department shall adopt regulations to implement this section and Section 123310 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). The adoption of any emergency regulations on or after January 1, 2000, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this section shall remain in effect for no more than 180 days.
(Amended by Stats. 1999, Ch. 21, Sec. 3. Effective May 4, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123320.

123320. (a)  The department shall inform the retail food vendors of, and include in the written agreement with the vendors, guidelines consistent with Section 123315, and shall print on each coupon the following:
(1)  Specific supplemental foods and the quantities thereof for which the coupon may be redeemed.
(2)  The period of validity of the nutrition coupon.
(3)  The maximum value for which the nutrition coupon may be redeemed.
(b)  To the extent feasible, the information required pursuant to subdivision (a) shall be provided in a form that may be read by optical scanning technology readily available to vendors. The department shall, no later than March 15, 2002, report to the Legislature on the feasibility and costs of providing the information in this form. This subdivision shall be implemented only to the extent that funds for its purposes are appropriated in the annual Budget Act or another statute.
(Amended by Stats. 2001, Ch. 842, Sec. 3. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123325.

123325. A retail food vendor or any other person who knowingly redeems coupons in excess of the price charged other customers for identical foods, or who provides anything of value other than the specified foods, or who fails to provide inventory records to substantiate purchases for resale of authorized supplemental foods is subject to all sanctions set forth in federal regulation for the Special Supplemental Food Program for Women, Infants, and Children, that is provided for in Section 246 and following of Title 7 of the Code of Federal Regulations. The department may disqualify a food vendor who is currently disqualified from CalFresh.
(Amended by Stats. 2011, Ch. 227, Sec. 14. (AB 1400) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123327.

123327. (a) The department shall provide written notice to a retail food vendor if the department determines that the vendor has committed an initial violation for which a pattern of the violation must be established to impose a sanction. Notice shall be provided no later than 30 days after the department determines the first investigation that identified the violation is complete.
(b) The written notice shall be delivered to the vendor 30 days before the department conducts a second investigation for purposes of establishing a pattern of the violation to the vendor’s most recent business ownership address on file with the department or to the vendor location upon identification of a violation during vendor monitoring, as defined by Section 40743 of Title 22 of the California Code of Regulations.
(c) The written notice shall include a description of the initial violation and may include information to assist the vendor to take corrective action, including, but not limited to, a 60-day window that includes the date of the violation.
(d) For purposes of this section, “violation” means a violation set forth in Section 246.2 of Title 7 of the Code of Federal Regulations.
(e) It is the intent of the Legislature in enacting this section to clarify existing law.
(Amended by Stats. 2013, Ch. 76, Sec. 126. (AB 383) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123330.

123330. Any person or persons who have embezzled, willfully misapplied, stolen, or fraudulently obtained funds or benefits pursuant to this article shall be subject to the penalties set forth in federal regulations for the Special Supplemental Food Program for Women, Infants, and Children, that is provided for in Section 246 and following of Title 7 of the Code of Federal Regulations.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)