reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9719.

9719. (a) (1) The office shall sponsor a training of representatives of approved organizations at least twice each year. The office shall provide training to these representatives as appropriate. Prior to the certification of an ombudsman by the office, individuals shall meet both of the following requirements:
(A) Have a criminal offender record clearance conducted by the State Department of Social Services. A clearance pursuant to Section 1569.17 of the Health and Safety Code shall constitute clearances for the purpose of entry to any long-term care facility.
(B) Have received a minimum of 36 hours of certification training that is approved by the office and offered by an approved organization, which shall include training on cultural competency and sensitivity in issues relating to the underserved aging lesbian, gay, bisexual, and transgender community.
(2) Upon receipt of an applicant’s criminal record clearance and acceptance by the office, the office shall issue a card identifying the bearer as a certified ombudsman. Each ombudsman shall receive a minimum of 12 hours of additional training annually.
(b) (1) The department shall contract with the State Department of Social Services to conduct a criminal offender record information search, pursuant to Section 1569.17 of the Health and Safety Code, for each applicant seeking certification as an ombudsman. The State Department of Social Services shall notify the individual and the office of the individual’s clearance or denial.
(2) An applicant for certification as an ombudsman shall not be responsible for any costs associated with transmitting the fingerprint images and related information or conducting criminal record clearances.
(c) Nothing in this section shall be construed to prohibit the Department of Justice from assessing a fee pursuant to Section 11105 of the Penal Code to cover the cost of searching for or furnishing summary criminal offender record information.
(Amended by Stats. 2013, Ch. 675, Sec. 3. (AB 663) Effective January 1, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 2 - General Provisions › Section 9719.5.

9719.5. (a) (1) The department shall allocate all federal and state funds for local ombudsman programs according to the following distribution, but shall not allocate less than one hundred thousand dollars ($100,000) per fiscal year.
(2) After the base allocation, remaining funds shall be distributed in accordance with subdivision (b).
(b) (1) Fifty percent of the funds shall be allocated to each local program based on the number of facilities served by the program in proportion to the total number of facilities in the state.
(2) Forty percent of the funds shall be allocated based on the number of beds within the local program’s area of service in proportion to the total number of beds in the state.
(3) Ten percent of the funds shall be allocated based on the total square miles within each local program’s area of service in proportion to the total number of square miles in the state.
(Amended by Stats. 2018, Ch. 35, Sec. 9. (AB 1811) Effective June 27, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 3 - Investigation and Resolution of Complaints › Section 9720.5.

9720.5. The office shall give priority to investigations and complaint resolutions in 24-hour long-term care facilities.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 3 - Investigation and Resolution of Complaints › Section 9721.

9721. (a) The office may refer any complaint to any appropriate state or local government agency. The following state licensing authorities shall give priority to any complaint referred to them by the office, except that any complaint alleging an immediate threat to resident health and safety may be given first priority:
(1) Licensing and Certification Division of the State Department of Health Services.
(2) Community Care Licensing Division of the State Department of Social Services.
(3) Board of Examiners for Nursing Home Administrators.
(4) Board of Registered Nurses.
(5) Medical Board of California.
(6) Board of Pharmacy.
(7) Board of Vocational Nurse and Psychiatric Technician Examiners.
(b) Any licensing authority that responds to a complaint against a long-term care facility that was referred to the authority by the office shall forward to the office copies of related inspection reports and plans of correction and notify the office of any citations and civil penalties levied against the long-term care facility.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 3 - Investigation and Resolution of Complaints › Section 9722.

9722. (a) Representatives of the office shall have the right to enter long-term care facilities and to unescorted, unhindered movement within them for the purposes of identifying, hearing, investigating, and resolving complaints, observing and monitoring conditions of residents and facilities, speaking confidentially with residents, and providing services to assist residents in protecting their health, safety, welfare, and rights. Entry shall be provided at any time deemed necessary and reasonable by the State Ombudsman to effectively carry out this chapter, for any of the purposes described in this subdivision.
(b) Nothing in this chapter shall be construed to restrict, limit, or increase any existing right of any organizations or individuals not described in subdivision (a) to enter, or provide assistance to patients or residents of, long-term care facilities.
(c) Nothing in this chapter shall restrict any right or privilege of any patient or resident of a long-term care facility to receive visitors of his or her choice.
(d) Notwithstanding any other provision of law, a long-term care facility, upon request by a representative of the office, shall provide a roster, census, or other list of the names and room numbers or room locations of all current residents or patients residing in the facility.
(Amended by Stats. 2012, Ch. 649, Sec. 15. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 3 - Investigation and Resolution of Complaints › Section 9723.

9723. The State Ombudsman shall have access to any record of a state or local government agency that is necessary to carry out his or her responsibilities under this chapter, including any record rendered confidential under Section 1094 of the Unemployment Insurance Code or Section 10850.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 3 - Investigation and Resolution of Complaints › Section 9724.

9724. Notwithstanding Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code, in order for the office to carry out its responsibilities under this chapter, the office shall have access to the medical or personal records of a patient or resident of a long-term care facility that are retained by the facility, under the following conditions:
(a) If the patient or resident has the ability to write, access may only be obtained by the written consent of the patient or resident.
(b) If the patient or resident is unable to write, oral consent may be given in the presence of a third party as witness.
(c) If the patient or resident is under a California guardianship or conservatorship of the person that provides the guardian or conservator with the authority to approve review of records, the office shall obtain the permission of the guardian or conservator for review of the records, unless any of the following apply:
(1) The existence of the guardianship or conservatorship is unknown to the office or the facility.
(2) The guardian or conservator cannot be reached within three working days.
(3) The office has reason to believe the guardian or conservator is not acting in the best interests of the ward or the conservatee.
(d) If the patient or resident is unable to express written or oral consent and there is no guardian, conservator, or legal representative, or the notification of the guardian, conservator, or legal representative is not applicable for reasons set forth in subdivision (c), inspection of records may be made by ombudsmen when there is sufficient cause for the inspection. The licensee may, at his or her discretion, permit other representatives of the office to inspect records in the performance of their official duties. Copies may be reproduced by the office. The licensee and facility personnel who disclose records pursuant to this subdivision shall not be liable for the disclosure. If investigation of records is sought pursuant to this subdivision, the ombudsman shall, upon request, produce a statement signed by the ombudsman coordinator authorizing the ombudsman to review the records.
(e) Facilities providing copies of records pursuant to this section may charge the actual copying cost for each page copied.
(f) Upon request by the office, a long-term care facility shall provide to the office, within 24 hours, the name, address, and telephone number of the conservator, legal representative, or next-of-kin of any patient or resident.
(Amended by Stats. 2012, Ch. 649, Sec. 16. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 3 - Investigation and Resolution of Complaints › Section 9725.

9725. All records and files of the office relating to any complaint or investigation made pursuant to this chapter and the identities of complainants, witnesses, patients, or residents shall remain confidential, unless disclosure is authorized by the patient or resident or his or her conservator of the person or legal representative, required by court order, or release of the information is to a law enforcement agency, public protective service agency, licensing or certification agency in a manner consistent with federal laws and regulations.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 3 - Investigation and Resolution of Complaints › Section 9726.

9726. (a) The office shall establish a toll-free telephone hotline to receive telephone calls concerning any crises discovered by any person in a long-term care facility, as defined in subdivision (b) of Section 9701. The telephone hotline established under this section shall be operated to include at least all of the following:
(1) The telephone hotline shall be available 24 hours a day, seven days a week.
(2) The operator shall respond to a crisis call by contacting the appropriate office, agency, or individual in the local community in which the crisis occurred.
(3) The toll-free telephone hotline number shall be posted conspicuously in either the facility foyer, lobby, residents’ activity room, or other conspicuous location easily accessible to residents in each licensed facility by the licensee. The office shall issue, in conjunction with the State Department of Social Services and the State Department of Public Health, guidelines concerning the posting of the toll-free telephone hotline number. The posting shall, at a minimum, include the purpose of the toll-free telephone hotline number.
(b) The office shall respond to telephone hotline calls.
(c) The toll-free telephone hotline shall be staffed in a manner consistent with available resources in the office. The office may contract for the services of organizations to staff the telephone hotline. The office shall seek to provide opportunities for older individuals to be employed to staff the hotline. The State Department of Public Health and the State Department of Social Services, and other appropriate departments, shall make available to the department and the office training and technical assistance as needed.
(Amended by Stats. 2012, Ch. 649, Sec. 17. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 3 - Investigation and Resolution of Complaints › Section 9726.1.

9726.1. (a) The office and approved organizations may do any of the following:
(1) Advise the public of any inspection report, statements of deficiency, and plans of correction, for any long-term care facilities within its service area.
(2) Promote visitation programs to long-term care facilities within its service area.
(3) Establish and assist in the development of resident, family, and friends’ councils.
(4) Sponsor other community involvement in long-term care facilities.
(5) Present community education and training programs to long-term care facilities, human service workers, families, and the general public, about long-term care and residents’ rights issues.
(b) Those programs created under this section that are held in a facility shall be developed in consultation with the facility. If the facility and the ombudsman cannot agree on these programs, the State Ombudsman may assist in resolving the dispute.
(Amended by Stats. 2012, Ch. 649, Sec. 18. (SB 345) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 4 - Enforcement › Section 9730.

9730. Anyone who willfully interferes with any lawful action of the office shall be immediately referred to the appropriate licensing authority, which shall respond within the legally prescribed time period.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 4 - Enforcement › Section 9731.

9731. Notwithstanding the availability of statutory damages, this chapter shall not be construed to limit the ability of a court to issue equitable relief where the legal remedies provided would not be an adequate method of preventing or curing the particular injury in question.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 4 - Enforcement › Section 9732.

9732. (a) Any person who willfully interferes with any lawful action of the office shall be subject to a civil penalty of no more than two thousand five hundred dollars ($2,500) for each incident. The civil penalty shall be assessed by the director. If the penalty is not paid within 30 days of the assessment, the director shall initiate an action to collect the penalties in the jurisdiction in which the facility is located.
(b) Each instance of willful interference may be reported to local law enforcement and the appropriate licensing agency as an act of isolation, as defined in Section 15610.43.
(c) All civil penalties collected by the department pursuant to this section shall be deposited into the Access to Facilities Account, which is hereby created within the Special Deposit Fund under Section 16370 of the Government Code. Funds in this account shall be available, upon appropriation, to the office to fund the training costs, and to reimburse the travel expenses, of local ombudsman programs throughout the state.
(Amended by Stats. 2013, Ch. 521, Sec. 3. (SB 609) Effective January 1, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 5 - Advisory Council › Section 9740.

9740. (a) The department shall establish an 11-member advisory council for the office. Members of the council shall be appointed by the director, and shall consist of representatives of community organizations, area agencies on aging, two long-term care providers, federal Older Americans Act funded direct services providers, the commission, the California Long-Term Care Ombudsman Association, county government, and other appropriate governmental agencies. The director shall make the appointments from lists of no less than five names submitted by each of the designated entities.
(b) The advisory council shall provide advice and consultation to the State Long-Term Care Ombudsman Program and the director on issues affecting the provision of ombudsman services, including the review of proposed policy changes to the operation of the program, and may make recommendations, within 30 days, as appropriate. The advisory council shall meet at least three times annually. Representatives on the advisory council shall receive their actual and necessary travel and other expenses incurred in participation on the advisory council.
(Amended by Stats. 1999, Ch. 943, Sec. 3. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 5 - Advisory Council › Section 9741.

9741. At least 30 days prior to the designation of a new organization or agency as an approved organization, the department shall notify the advisory council for the purpose of soliciting comments regarding the designation.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 11 - State Ombudsman › ARTICLE 6 - Regulations › Section 9745.

9745. The department shall adopt regulations to implement this chapter in accordance with 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 initial adoption of any emergency regulations after January 1, 1999, 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 chapter shall remain in effect for no more than 180 days.
(Added by Stats. 1999, Ch. 943, Sec. 4. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 12 - Regulations › Section 9750.

9750. The department may adopt regulations to implement this division in accordance with 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 initial adoption of any emergency regulations following the date on which this revised division takes effect 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 division shall remain in effect for no more than 180 days.
(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 13 - No Wrong Door System › Section 9800.

9800. (a) The master plan for aging established pursuant to Executive Order N-14-19 shall consider the efficacy of utilizing a No Wrong Door System.
(b) The purpose of the No Wrong Door System shall be to assist older adults, people with disabilities, and caregivers obtain accurate information and timely referrals to appropriate community services and supports.
(Added by Stats. 2019, Ch. 825, Sec. 2. (AB 1287) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT › CHAPTER 13 - No Wrong Door System › Section 9805.

9805. (a) The master plan for aging established pursuant to Executive Order N-14-19 shall consider the efficacy of utilizing a universal tool and process to streamline access to services through a coordinated assessment process. In considering the tool and process, the Master Plan for Aging Stakeholder Advisory Committee shall seek input from stakeholders, including, but not limited to, consumers, providers, and advocates.
(b) The assessment tool and process should be capable of assessing individual need and determining initial eligibility for programs and services available in the long-term services and supports delivery network.
(Added by Stats. 2019, Ch. 825, Sec. 2. (AB 1287) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - General Provisions › Section 10000.

10000. The purpose of this division is to provide for protection, care, and assistance to the people of the state in need thereof, and to promote the welfare and happiness of all of the people of the state by providing appropriate aid and services to all of its needy and distressed. It is the legislative intent that aid shall be administered and services provided promptly and humanely, with due regard for the preservation of family life, and without discrimination on account of ancestry, marital status, political affiliation, or any characteristic listed or defined in Section 11135 of the Government Code. That aid shall be so administered and services so provided, to the extent not in conflict with federal law, as to encourage self-respect, self-reliance, and the desire to be a good citizen, useful to society.
(Amended by Stats. 2007, Ch. 568, Sec. 51. Effective January 1, 2008.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - General Provisions › Section 10001.

10001. The purposes of the public social services for which state grants-in-aid are made to counties are:
(a) To provide on behalf of the general public, and within the limits of public resources, reasonable support and maintenance for needy and dependent families and persons.
(b) To provide timely and appropriate services to assist individuals develop or use whatever capacity they can maintain or achieve for self-care or self-support.
(c) To provide protective services to handicapped or deprived persons subject to social or legal disability, and to children and others subject to exploitation jeopardizing their present or future health, opportunity for normal development, or capacity for independence.
(Added by Stats. 1965, Ch. 1784.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - General Provisions › Section 10002.

10002. When an applicant for or recipient of public social services is incapable of managing his own resources and planning or carrying out arrangements for his own care and maintenance, and the applicant or recipient cannot secure the services of a private attorney, if authorized by the board of supervisors, the county counsel at the request of the county department, or the district attorney, if a county counsel does not exist, may initiate and carry out proceedings for the appointment of a public or private guardian or public or private conservator, or for changing the form of legal protection when this is indicated. Costs incurred in such proceedings for the protection of applicants or recipients, when not available from the person’s own resources, shall be a proper welfare administrative or service cost, except where a relative engages a private attorney to accomplish this purpose.
(Amended by Stats. 1980, Ch. 415, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1.5 - Health Care Insurance › Section 10020.

10020. (a) No person having private health care coverage shall be entitled to receive the same health care items or services furnished or paid for by a publicly funded health care program.
(b) As used in this chapter:
(1) “Publicly funded health care program” shall mean care or services rendered by a local government or any facility thereof, or health care services for which payment is made under the California Medical Assistance Program established by Chapter 7 (commencing with Section 14000) of Part 3 of this division by the State Department of Health Services or by its fiscal intermediary, or by a carrier or other organization with which the State Department of Health Services has contracted to furnish those services or to pay providers who furnish those services.
(2) As used in this chapter, “private health care coverage” means any health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service benefit plan, managed care organization, including health care service plans as defined in subdivision (f) of Section 1345 of the Health and Safety Code, licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code, pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service.
(c) If a person receives health care furnished or paid for by a publicly funded health care program, the carrier of the person’s private health care coverage shall reimburse the publicly funded health care program the cost incurred in rendering that care to the extent of the benefits provided under the terms of the policy for the items provided or the services rendered.
(Amended by Stats. 2007, Ch. 188, Sec. 32. Effective August 24, 2007.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1.5 - Health Care Insurance › Section 10022.

10022. (a) Each publicly funded health care program, as defined in paragraph (1) of subdivision (b) of Section 10020, that furnishes or pays for health care items or services under this division to a person having private health care coverage shall be entitled to be subrogated to the rights that person has against the carrier of the coverage to the extent of the health care items provided or services rendered.
(b) An entity providing private health care coverage, as defined in paragraph (2) of subdivision (b) of Section 10020, shall do all of the following:
(1) Accept the state’s right of recovery and the assignment to the state of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan.
(2) Respond to any inquiry by the state or a provider, as defined in subdivision (o) of Section 14043.1, including a billing agent or a billing agent of the provider, as defined in subdivision (a) of Section 14040.1, regarding a claim for payment for any health care item or service that is submitted not later than three years after the date of the provision of that health care item or service.
(3) Agree not to deny a claim submitted by the state or a provider, as defined in paragraph (2), solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim if both of the following occur:
(A) The claim is submitted by the state or a provider, as defined in paragraph (2), within the three-year period beginning on the date on which the item or service was furnished.
(B) Any action by the state or a provider, as defined in paragraph (2), to enforce its rights with respect to that claim is commenced within six years of the state’s or provider’s submission of the claim.
(Amended by Stats. 2010, Ch. 717, Sec. 140. (SB 853) Effective October 19, 2010.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1.5 - Health Care Insurance › Section 10024.

10024. Every contract or agreement for private health care coverage entered into or renewed after January 1, 1972, is deemed to provide for payment to a publicly funded health care program for the actual cost that the program incurs in providing health care items or rendering health care services to any party or beneficiary of that contract or agreement to the extent of the benefits provided under the terms of the policy for the items provided or services rendered.
(Amended by Stats. 2007, Ch. 188, Sec. 34. Effective August 24, 2007.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1.5 - Health Care Insurance › Section 10025.

10025. The state shall not reimburse any local government or any facility thereof, under Medi-Cal or under any other health program where the state pays part or all of the costs, for care provided to a person covered under any disability insurance, health insurance, or prepaid health plan.
In local programs fully or partially funded by the state, state participation shall be reduced in an amount proportionate to the cost of service provided to a person violating Section 10020.
(Added by Stats. 1971, Ch. 812.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10051.

10051. “Public social services” means those activities and functions of state and local government administered or supervised by the department or the State Department of Health Services and involved in providing aid or services or both, including health care services and medical assistance, to those people of the state who, because of their economic circumstances or social condition, are in need thereof and may benefit thereby.
(Amended by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10052.

10052. “Aid” means financial assistance provided to or in behalf of needy persons under the terms of this division, including direct money payments and vendor payments.
(Amended by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10053.

10053. (a) “Services” means those activities and functions performed by social work staff and related personnel of the department and county departments with or in behalf of individuals or families, which are directed toward the improvement of the capabilities of the individuals or families maintaining or achieving a sound family life, rehabilitation, self-care, and economic independence.
(b) Services for children shall include the coordinated efforts of the State Departments of Social Services and Education to ensure that all children in receipt of aid under CalWORKs are afforded the opportunity to participate and progress under an educational program that will lead to their functioning at full capacity upon reaching maturity. The educational services aspect of public social services includes education for parents in food preparation and provision for nutritional supplements to the extent necessary and as authorized by Article 9 (commencing with Section 49510 of Chapter 9 of Part 27 of the Education Code.
(Amended by Stats. 2006, Ch. 538, Sec. 700. Effective January 1, 2007.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10053.25.

10053.25. Funding of Sections 10053 and 14503 is subject to the provisions of Part 1.5 (commencing with Section 10100). The level of funding for Sections 14503 and 14504 shall not fall below the total amount appropriated for family planning services in the 1977–78 fiscal year.
(Amended by Stats. 1980, Ch. 676, Sec. 345. Note: Conditions in Stats. 1978, Ch. 1235, Sec. 14, for repeal of this section failed.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10056.

10056. “Board” means the State Social Services Advisory Board. Whenever any reference is made in any provision of law to the “State Benefits and Services Advisory Board”, it shall mean the State Social Services Advisory Board.
(Amended by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10058.

10058. “County department” means the county agency designated by the board of supervisors, or by such other authority as may be provided in the county charter, as responsible for the administration of public social services.
(Added by Stats. 1965, Ch. 1784.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10060.

10060. “Regulations” includes but is not limited to standards of eligibility for aid and services, procedures necessary for the proper and efficient administration of public social services, and standards as to conditions which must be met by agencies or individuals subject to licensing or supervision by the department or the State Department of Health Services.
(Amended by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10061.

10061. “Public assistance” and “public assistance programs” refer to those public social services programs provided for in Part 3 of this division.
(Added by Stats. 1965, Ch. 1784.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10062.

10062. Notwithstanding any other provision of law, the State Department of Health Services and the Director of Health Services shall have those powers and duties conferred by state law upon the State Department of Social Services and its director as is necessary to carry out the purposes imposed on it by this chapter.
(Amended by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - Definitions › Section 10063.

10063. (a) Notwithstanding any other provision of law, the name of the program provided for pursuant to Chapter 2 (commencing with Section 11200) is hereby changed to the California Work Opportunity and Responsibility to Kids program, referred to as CalWORKs.
(b) Any reference to the Aid to Families with Dependent Children Program, Family Group and Unemployment program, and the Greater Avenues for Independence program shall be deemed to refer to the CalWORKs program.
(Amended by Stats. 2004, Ch. 183, Sec. 376. Effective January 1, 2005.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 1 - General › Section 10065.

10065. The Legislature finds and declares both of the following:
(a) The development of incompatible systems for electronic benefits transfer will create significant hardships on recipients of public social services and businesses that accept electronic transactions as payment for goods and services.
(b) The goals of electronic benefits transfer are to reduce the cost of delivering benefits to recipients, to ensure that all systems within California are compatible, and to afford public social services recipients the opportunity to better and more securely manage their financial affairs.
(Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 1 - General › Section 10066.

10066. For purposes of this chapter, the following definitions shall apply:
(a) “Committee” means the committee created pursuant to this chapter.
(b) “Benefits” means financial and food assistance provided to, or on behalf of, those Californians who, because of their economic circumstances or social condition, are in need thereof, and may benefit thereby.
(c) “System” means the electronic benefits transfer system developed pursuant to this chapter.
(Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 2 - Electronic Benefits Transfer Committee › Section 10067.

10067. The Electronic Benefits Transfer Committee is hereby created. The committee shall remain in existence until January 1, 2003.
(Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 2 - Electronic Benefits Transfer Committee › Section 10068.

10068. The committee shall consist of the Director of the Health and Welfare Agency Data Center, who shall be the chair of the committee, the Director of Social Services, the Director of Health Services, the Director of Information Technology, the Controller, the Treasurer, a representative of the California State Association of Counties, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules. The committee shall provide for the participation of a technical advisory group comprised of representatives from the California Association of County Treasurers and Tax Collectors, the County Welfare Directors Association, the California Grocer’s Association, the California Retailer’s Association, the California Bankers Association, and agencies, organizations, and representatives of individuals who will use or be affected by an electronic benefits transfer system. A company or individual that participates in the committee or the advisory group shall not be eligible to bid for the provision of the electronic benefits transfer system.
(Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 2 - Electronic Benefits Transfer Committee › Section 10069.

10069. The committee shall advise the department on the development and implementation of a statewide electronic benefits transfer system, and shall provide advice concerning the request for proposal. The system shall have the capability to deliver CalFresh benefits and, upon the election of the county, benefits under Chapter 2 (commencing with Section 11200) of Part 3. The system may also be used, with the approval of the department, for the distribution of other benefits. Any electronic benefits transfer processor shall be capable of implementing systems within nine months of contracting for services.
(Amended by Stats. 2011, Ch. 227, Sec. 25. (AB 1400) Effective January 1, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 2 - Electronic Benefits Transfer Committee › Section 10069.5.

10069.5. Notwithstanding any other provision of this chapter, the project management for a statewide electronic benefits transfer system shall be transferred from the department to the Health and Welfare Agency Data Center.
(Added by Stats. 1997, Ch. 606, Sec. 18. Effective October 3, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 2 - Electronic Benefits Transfer Committee › Section 10071.

10071. Any benefits provided to recipients under the department’s authority may be distributed through the electronic benefits transfer system as long as the recipient has reasonable access to his or her benefits.
(Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 3 - Systems Design › Section 10072.1.

10072.1. (a) The Legislature finds and declares that flea markets, farmers’ markets, and certified farmers’ markets are important sources of low-cost produce for Californians in need of food assistance.
(b) (1) An interested collective group or association of produce sellers that is Food and Nutrition Service (FNS) authorized and actively participating in produce sales in a market described in subdivision (a) may initiate and operate an electronic benefit transfer (EBT) acceptance system on behalf of its members, to the extent and manner allowed by federal law and regulation. The market operator shall allow and accommodate the FNS-authorized group or association in a reasonable manner that aids in the creation, implementation, and operation of its EBT acceptance system. The allowance and accommodation by the market operator mandated by this section is limited solely to the activity of the operation of the EBT acceptance system by the group or association. No other activities are authorized without the express permission of the market operator.
(2) This subdivision shall not apply to a market described in subdivision (a) that currently or subsequently operates an EBT acceptance system.
(c) Nothing in this section or any other provision of law shall prohibit an individually FNS-authorized produce seller in a market described in subdivision (a) from operating his or her own individual EBT acceptance activity as part of that seller’s personal business customer transaction offering.
(d) Nothing in this section shall be interpreted to require a market described in subdivision (a) to itself create, operate, or maintain an EBT acceptance system on behalf of its produce sellers.
(Added by Stats. 2010, Ch. 435, Sec. 1. (AB 537) Effective January 1, 2011.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 3 - Systems Design › Section 10072.2.

10072.2. (a) The electronic benefits transfer system required by this chapter shall be designed to include a flexible benefit issuance mechanism.
(b) The flexible benefit issuance mechanism created under this section shall be designed in a manner that can target multiple populations with specific benefits and shall allow the department flexibility to provide benefits for specific populations, as determined by the department, contingent upon the appropriation of funds by the Legislature.
(c) (1) The distribution of benefits pursuant to the flexible benefit issuance mechanism created under this section shall comply with all federal and state laws and regulations governing electronic benefits.
(2) The distribution of benefits pursuant to the flexible benefit issuance mechanism created under this section shall comply with privacy and confidentiality procedures required by federal and state law.
(d) The flexible benefit issuance mechanism created under this section shall become operative within nine months of the date that the Department of Social Services certifies and publishes on the department’s Internet Web site that the third generation electronic benefits transfer system required by this chapter has otherwise been fully implemented.
(Added by Stats. 2017, Ch. 24, Sec. 13. (SB 89) Effective June 27, 2017.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 4 - Administration › Section 10073.

10073. Notwithstanding Section 15204.2, the state shall pay 100 percent of the nonfederal share of costs of the electronic benefits transfer system planning, procurement, development, implementation, and conversion. The county shall pay its normal nonfederal costs pursuant to Section 15204.2 for system maintenance and operation.
(Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 4 - Administration › Section 10075.5.

10075.5. The state shall be responsible for procuring and contracting for a statewide electronic benefits transfer system.
(Added by Stats. 1998, Ch. 329, Sec. 17. Effective August 21, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 4 - Administration › Section 10075.6.

10075.6. The Office of Technology and Solutions Integration shall be the project manager of the electronic benefits transfer system, and shall be responsible for system planning, procurement, development, implementation, conversion, maintenance and operations, contract management, and all other activities that are consistent with a state-managed project and a statewide system.
(Amended by Stats. 2023, Ch. 43, Sec. 31. (AB 120) Effective July 10, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Electronic Benefits Transfer Act › ARTICLE 4 - Administration › Section 10076.

10076. The director shall promptly seek any federal approvals necessary for implementation of this chapter. Any provision of this chapter whose implementation requires any federal waiver or approval shall become operative 120 days after receipt of the necessary federal waiver or approval, and shall remain operative only for the duration of the federal approval for its implementation.
(Added by Stats. 1997, Ch. 270, Sec. 31. Effective August 11, 1997. Operative August 18, 1997, by Sec. 187 of Ch. 270.)