California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 2 - Advisory Health Council › Section 90107 - Criteria for Designation of Area Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Council, in designating area
				  agencies, shall consider but not be limited to the following criteria. Area
				  agencies shall:
(1) Have Office-approved
				  written policies relating to the performance of functions under this chapter
				  which shall include but not be limited to provisions for:
(A) A board of directors, or governing body
				  including the duties, number, and qualifications of members.
(B) Membership composition of the board of
				  directors or governing body which sets forth that:
1. Both the consumer membership and the
				  provider membership shall be broadly representative of the community and to the
				  maximum extent possible shall be representative of social, economic,
				  linguistic, and racial populations in the proportion in which they exist in the
				  population of the area.
2. The
				  membership should be broadly representative of the provider community and the
				  major purchasers of health care in the area.
3. Members shall be residents of the area and
				  be broadly representative of geographic subdivisions.
(C) Replacement of members, including term of
				  office, replacement due to expiration of term, vacancies, removals,
				  absenteeism, resignation, and death.
(D) Standing committees and ad hoc or task
				  force groups.
(E) Conflict of
				  interest and incompatible activities, including:
1. A statement substantially similar to the
				  Office's Incompatible Activities Statement.
2. A mechanism for financial disclosure by
				  designated officers, employees, and consultants substantially similar to that
				  found in the Office's Conflict of Interest Code.
3. A disqualification mechanism substantially
				  similar to that found in the Office's Conflict of Interest
				  Code.
(F) Training of
				  volunteers serving on review and planning committees.
(G) Responsibilities of the board of
				  directors or governing body, including provisions that the governing body
				  shall:
1. Have adequate resources to augment
				  the funds allocated by the Office to perform the functions required by this
				  chapter. Such resources shall not be from any nongovernmental source which has
				  a financial, fiduciary, or other interest in the development, expansion,
				  operation, maintenance, or support of health resources unless the source is an
				  entity described in Section
				  509(a) of the
				  Internal Revenue Code of 1954 and the entity is not directly engaged in the
				  provision of health care in the agency area.
2. Have separate budgets for planning and for
				  project review.
3. Demonstrate a
				  capability for fulfilling satisfactorily the functions set forth in this
				  chapter.
4. Assure to the greatest
				  extent possible community support.
5. Have an affirmative action plan and a
				  policy of nondiscrimination in performing the activities of the agency in
				  accordance with the provisions of this chapter.