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California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 4 - Fire Protection Loans › Article 2 - General Provisions › Section 91337 - Applications, Procedures and Approvals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before a loan from the Department may be
				  obtained, the facility shall complete and submit an application to the
				  Department.
(b) Applications shall
				  be processed by the Department in three stages, as follows:
(1) The initial stage material shall be
				  submitted by the applicant to determine eligibility of the proposed project and
				  shall consist of the following:
(A)
				  Department form LIC-1000, Part A, showing project description and costs,
				  applicant's property interest and loan amount.
(B) Department form LIC-1001, Part B, showing
				  financial assets and liabilities, and projected income and expenses.
(C) Department form LIC-1002, Part C, showing
				  nonprofit status and resolution to borrow. The submission by the applicant of
				  complete and accurate initial stage documentation shall constitute perfection
				  of the application for purposes of scheduling priority of the application.
				  Subsequent to affirmative action by loan committee, applicant will be sent a
				  loan commitment.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 4 - Fire Protection Loans › Article 2 - General Provisions › Section 91339 - Maintenance of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Commencing with the start of construction, the borrower
					 shall maintain detailed records, upon forms approved by the Department, of all
					 expenditures made relating to the project construction.
1. Editorial
					 correction adding NOTE filed 2-23-83 (Register 83, No.
					 9).
Note: Authority cited: Sections
						103,
						446.2
						and
						446.3,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						13111.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 4 - Fire Protection Loans › Article 2 - General Provisions › Section 91341 - Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon completion
				  of the project, the Department shall cause an audit to be made of all
				  project-related expenditure records of the borrower.
(b) Such audited records shall be maintained
				  by the borrower for the term of the loan.
1. Editorial
					 correction adding NOTE filed 2-23-83 (Register 83, No.
					 9).
Note: Authority cited: Sections
						103,
						446.2
						and
						446.3,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						13111.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 4 - Fire Protection Loans › Article 2 - General Provisions › Section 91343 - Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The borrower,
				  upon completion of any improvements upon the project property made pursuant to
				  a loan granted under these regulations, shall maintain fire insurance with
				  standard extended coverage endorsement on all improvements on the property,
				  equal to the current market value of such improvements, for the term of the
				  loan.
(b) Policies shall contain
				  the standard lender's benefit clauses and shall name the State of California as
				  joint beneficiary. Copies of periodic renewal endorsement certificates shall be
				  provided to the Department.
1. Editorial
					 correction adding NOTE filed 2-23-83 (Register 83, No.
					 9).
Note: Authority cited: Sections
						103,
						446.2
						and
						446.3,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						13111.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91401 - Advisory Loan Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Advisory loan committee" means that committee appointed by
					 the Director to advise the Office regarding the borrower's financial capability
					 to service the loan.
1. New
					 Chapter 5 (Articles 1-7, Sections
					 91401-91547, not consecutive)
					 filed 6-13-79; effective thirtieth day thereafter (Register 79, No.
					 25).
2. Amendment of NOTE (Sections
					 91401-91547, not consecutive)
					 filed 6-21-79 as procedural and organizational; designated effective 7-13-79
					 (Register 79, No. 25).
3. Amendment of NOTE filed 12-18-81;
					 effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91403 - Affirmative Action. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
2. Repealer filed 3-7-96; operative 3-7-96 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 96, No. 10).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91405 - Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Applicant" means a political subdivision or a nonprofit
					 corporation which intends to secure a loan for the construction of a health
					 facility or has secured a loan for the construction of a health facility and
					 has applied for loan insurance under the Health Facility Construction Loan
					 Insurance Law (Section
					 436 et seq. of the Health and
					 Safety Code and Section
					 32127.2
					 of the Health and Safety Code: See also Article XVI, Section
					 4 of the Constitution of
					 California).
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Sections
						436.3
						and
						436.9,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91407 - Bondholder. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91409 - Borrower. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91411 - California Health Facilities Construction Loan Insurance Program-State Plan. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						436.4,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91413 - Contract of Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Contract of insurance" means a document executed by the
					 borrower and the Office providing for loan insurance under Section
					 436 et seq. of the Health and
					 Safety Code and Section
					 32127.2
					 of the Health and Safety Code. See also Article XVI, Section
					 4 of the Constitution of
					 California.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Sections
						436.3
						and
						32127.2,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91415 - Construction. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91417 - Council. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91419 - Days

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Days" means calendar days unless otherwise
					 specified.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91421 - Debenture. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91423 - Office. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91425 - Director. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Section
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91427 - Fund. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91429 - Health Facility. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91431 - Health Facility Construction Loan Insurance Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Health Facility Construction Loan Insurance Law" means
					 Section 436, et seq., of the Health and
					 Safety Code and Section
					 32127.2
					 of the Health and Safety Code.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91433 - Lender. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91435 - Loan. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91437 - Loan Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Loan insurance" means the insurance of a loan by the
					 Office pursuant to the California Health Facility Construction Loan Insurance
					 Law.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91439 - Maturity Date. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91441 - Federal Program Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Section
						436.3,
						Health and Safety Code. Reference: Section
						14000, et seq., Welfare and
						Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91443 - Mortgage. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91445 - Mortgagee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91447 - Mortgagor. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91449 - Nonprofit Corporation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91451 - Political Subdivision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Section
						32127.2,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91453 - Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Project" means a plan for and the construction,
					 improvement, expansion, acquisition, or refinancing of a health
					 facility.
1. Amendment
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code, and Section
						11152,
						Government Code. Reference: Sections
						436.3,
						436.8
						and
						436.9,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91455 - Project Property. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91457 - Public Health Facility. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.2
						and
						436.3,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91459 - Statewide Health Facilities and Services Plan. "Statewide Health Facilities and Services Plan" Means the Plan Which Reflects Statewide Needs and Desirability for Health Facility Projects and Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Sections
						436.3
						and
						437.7,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 1 - Definitions › Section 91461 - Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Title" means clear title free of all liens and
					 encumbrances with the exception of utility easements and governmental
					 assessments of records and other exceptions approved by the
					 Director.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91462 - Prohibition Against Transactions with a Conflict of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No present or former officer, director, member, employee or
					 relative of any officer, director, member or employee of the borrower or an
					 affiliate of the borrower or incorporator shall receive any benefit, either
					 directly or indirectly, as a result of the application for, or insurance of, a
					 loan insured by the office, other than the continuation of salaries and
					 employee benefits.
1. New
					 section filed 6-26-96; operative 7-26-96 (Register 96, No.
					 26).
Note: Authority cited: Sections
						129015
						and
						127020,
						Health and Safety Code. Reference: Sections
						5231 and
						5233,
						Corporations Code; Sections
						1090 and
						1091.5,
						Government Code; and Section
						129015,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91463 - Types of Loans Eligible for Insurance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						436.8,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91465 - Security for Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Office maintains discretion to require additional security in each individual
				  case and to require funded depreciation.
(b) No security agreements shall be entered
				  into by the borrower affecting the project property without prior approval by
				  the Office.
(c) Loans to city,
				  county, city and county or hospital district may be evidenced by a duly
				  authorized bond issue. The Office may require additional security of the city,
				  county, city and county or hospital district including a mortgage, trust
				  indenture or lien on the project property. Where the borrower is a joint powers
				  entity, the loan shall be secured by the first mortgage or first lien on the
				  project property. The Office maintains discretion to require additional
				  security in each individual case.
1. Amendment
					 of subsection (a) filed 12-18-81; effective thirtieth day thereafter (Register
					 81, No. 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Sections
						436.3
						and
						436.8,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91467 - Determination of Need for Project. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3,
						436.4
						and
						436.45,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91469 - Applications, Procedures and Approvals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant shall complete and submit
				  an application to the Office.
(b)
				  Applications shall be processed by the Office in three stages as follows:
(1) The initial stage material shall be
				  submitted by the applicant to determine eligibility of the proposed projects as
				  follows:
(A) Office Form No. OSH-FD-136
				  showing project costs and health facility category.
(B) Office Form No. OSH-FD-137 showing
				  financial assets of applicants.
(C)
				  Office Form No. OSH-FD-135 showing the applicant's interest in the
				  site.
(D) A brief narrative
				  outlining the scope of the project and services to be rendered upon completion
				  of the project.
(E) Drawings, small
				  scale or schematics which include a minimum of the following:
1. Map of community showing location of
				  site.
2. Plot plan showing property
				  lines and existing and proposed new structures positioned on the
				  site.
3. Floor plans of new and
				  remodeled structures.
4. Brief
				  construction materials outline specification.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91471 - Disbursement of Loan Proceeds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon issuance of insurance of the loan by
				  the State, the proceeds of the loan and other funds as required by the Office
				  shall be deposited with a trustee pursuant to a written agreement which shall
				  contain such terms and conditions as approved by the Office.
(b) The trustee shall, with the Office's
				  approval, disburse such deposited funds in the following order or priority:
(1) Payment of existing liens necessary to
				  effect clear title.
(2) Deposits
				  into special funds or accounts, as required by the Office or the lender under
				  the mortgage or deed of trust.
(3)
				  Payment of valid existing claims, including title and recording fees, legal
				  fees, financing charges, consultant fees, architectural and engineering fees
				  but excluding construction claims set forth in (4) below.
(4) Payment of valid existing claims for the
				  construction, equipment and other charges connected with construction, which
				  shall be paid from a construction account established for that
				  purpose.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91473 - Certification and Inspection Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Office may consider reduction of the certification and
					 inspection fee when construction is completed prior to insuring the loan and
					 when existing debt is retired under the insured loan. When the entire project
					 consists of refinancing only, there will not be a certification and inspection
					 fee.
1. Amendment
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Sections
						436.3
						and
						436.6,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91475 - Application Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						436.9,
						Health and Safety Code. Reference: Sections
						436.2
						and
						436.9,
						Health and Safety Code, Statutes of
						1973.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91479 - Opinion of Legal Counsel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  the time the loan is closed or at the initial loan closing if the loan is in
				  stages, the borrower shall furnish to the Office the opinion of legal counsel
				  with respect to the following:
(1) The
				  borrower's legal interest in the property.
(2) The borrower's authority to finance,
				  construct and maintain the project, to issue any proposed obligation and to
				  pledge or mortgage the assets and project property offered to secure the loan
				  for which insurance is sought.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91481 - Closing of the Loan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  closing of the loan shall take place at such time and place as agreed upon by
				  all parties consistent with the completion of all necessary document reviews
				  and financial arrangements.
(b)
				  Actions taken at the closing shall constitute a single transaction and all
				  documents to be executed and delivered or monies to be delivered shall be
				  considered as having been delivered simultaneously.
(c) All real property security documents
				  shall be recorded prior to closing with the county recorder in the county in
				  which the secured property is located.
(d) An executed American Land Title
				  Association (ALTA) title policy, written in an amount not less than the
				  principal amount of the loan to be insured, with the State designated as an
				  additional insured, shall be delivered to the State. After delivery of such
				  title policy, the Office shall deliver to the borrower the contract of
				  insurance executed by all parties.
1. Amendment
					 of subsection (e) filed 12-18-81; effective thirtieth day thereafter (Register
					 81, No. 51).
2. Order of Repeal of subsection (e) filed 6-3-85 by
					 OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Sections
						436.3
						and
						436.8,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91483 - Bidding Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved)
(b) Construction
				  contract awards shall be made to the lowest responsible bidder, based upon
				  competitive lump sum bids for the entire project, or bidding in increments as
				  approved by the Office.
(c) Details
				  of the method of bidding and contracting shall be submitted to the Office for
				  approval prior to the execution of the construction contract.
(d) The method of bidding and contracting
				  selected shall provide a fixed maximum cost of the construction work prior to
				  closing of the loan.
1. Amendment
					 of subsection (b) filed 12-18-81; effective thirtieth day thereafter (Register
					 81, No. 51).
2. Order of Repeal of subsection (a) filed 6-3-85 by
					 OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91485 - Affirmative Action. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (c) filed 12-18-81; effective thirtieth day thereafter (Register
					 81, No. 51).
2. Repealer filed 3-7-96; operative 3-7-96 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 96, No. 10).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91487 - Maintenance of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
During the period of construction and for a minimum of
					 three years thereafter, the borrower shall maintain detailed records on forms
					 approved by the Office of all expenditures made relating to completion of the
					 project. No insured loan proceeds will be advanced until documented evidence of
					 work performed is provided with a completed copy of Office Form
					 OSH-FD-134.
1. Amendment
					 filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91489 - Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The borrower
				  shall fully equip the facility and shall maintain the equipment so as to
				  provide for continuous efficient operation of the facility and adequate service
				  to the patients. Equipment included in the contract shall not be acquired by
				  installment contract or lease.
(b)
				  The borrower shall submit for review and approval a detailed list, description
				  and estimated cost of all equipment to be installed or placed in the facility.
				  Accompanying such list, description and estimated cost shall be Certificates of
				  Need or Exemption where required.
(c) Where equipment, not included in the
				  project is acquired by the facility at a date subsequent to the closing by
				  installment contract or lease, such equipment contract must be approved by the
				  Office and shall not prohibit assignment of the contract in the event of
				  default or insolvency of the original purchaser.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
2. Order of Repeal of subsection (d) filed 6-3-85 by OAL
					 pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91491 - Operation upon Completion of Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The facility shall be operated or licensed only in the
					 category of facility stated in the application for loan insurance, except that
					 a facility may seek to operate as and be licensed under another category of
					 facility upon approval of the State and acquisition of a Certificate of Need
					 permitting such change.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91493 - Insurance Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  borrower shall upon completion of construction of any improvement upon the
				  property continue to maintain for the term of the loan fire insurance with
				  standard extended coverage endorsement on all improvements on the property
				  equal to the current market value of such improvements.
(b) The insurance policy shall contain the
				  standard mortgagee benefit clauses and shall name the State of California as
				  additional insured.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51.)
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Sections
						436.3
						and
						436.8,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91495 - Final Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subsequent to payment and satisfaction of all claims
					 regarding the completion of construction of the facility, an audit shall be
					 made and copies of such audit shall be forwarded to the Office by the borrower.
					 This audit shall be made by an independent auditing agency, acceptable to the
					 Office within six months after project completion.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3, Health ad Safety
						Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91497 - Financial Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The borrower shall submit annually to the Office for the
					 term of the insured loan an audited financial statement of the financial status
					 of the health facility. Such financial statement shall be prepared by
					 independent certified public accountants according to accepted accounting
					 principles.
1. Amendment
					 of NOTE filed 12-18-81; effective thirtieth day thereafter (Register 81, No.
					 51).
Note: Authority cited: Sections
						436.3
						and
						446.2,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						436.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91499 - Advisory Loan Insurance Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Advisory Loan Insurance Committee
				  ("Committee") shall advise the Office regarding the borrower's financial
				  capability to service the loan.
(b)
				  The Committee shall be appointed by the Director of the Office and shall
				  consist of nine members as follows:
(1) Seven
				  shall be appointed from outside State Government.
(2) Two from inside State
				  Government.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 5 - Health Facility Construction Loan Insurance › Article 2 - General Provisions › Section 91550 - Fee for the Performance of Feasibility Studies for Federal Loan Insurance Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  the purposes of this section, "study" means a study of market need and
				  feasibility for any federal mortgage insurance program for health-related
				  facilities, including the HUD 242 loan insurance program.
(b) The administrative cost of commissioning
				  a study is a fee of five thousandths of one per cent (.005%) of the principal
				  amount of the loan applied for by the health-related facility applying for the
				  study; except that the minimum fee is $1,000 and the maximum fee is
				  $5,000.
(c) At the time of
				  requesting a study, the applicant shall pay to the Office one-half ( ½ )
				  of the fee owed to the Office, calculated pursuant to subsection (b) above.
				  This amount is non refundable.
(d)
				  After the Office selects a consultant, and before the Office executes a
				  contract with the consultant for the performance of the study, the applicant:
(1) shall pay to the Office the remaining
				  one-half ( ½ ) of the fee owed to the Office calculated pursuant to
				  subsection (b) above; and
(2) shall
				  deposit with the Office an amount sufficient to reimburse the Office for the
				  maximum cost of the study to be charged by the consultant, as set forth in the
				  proposed contract for the performance of the study.