reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 11 - Review Criteria › Section 90917 - Criteria for Emergency Medical Service, Comprehensive. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-8-76 as an emergency; effective upon filing (Register 76, No.
					 50).
2. Certificate of Compliance filed 3-8-77 (Register 77, No.
					 11).
3. Amendment filed 9-8-77; effective thirtieth day thereafter
					 (Register 77, No. 37).
4. Repealer filed 10-14-83; designated
					 effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437.7-
						437.11,
						437.13,
						438.5,
						438.6,
						1203
						and
						1255,
						Health and Safety Code; Chapter 854 (Statutes of 1976). Reference: AB 4001,
						Chapter 854, Statutes of 1976.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 11 - Review Criteria › Section 90919 - Criteria for Intensive Care Newborn Nursery Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-8-76 as an emergency; effective upon filing (Register 76, No.
					 50).
2. Certificate of Compliance filed 3-8-77 (Register 77, No.
					 11).
3. Amendment filed 9-8-77; effective thirtieth day thereafter
					 (Register 77, No. 37).
4. Repealer filed 10-14-83; designated
					 effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437.7-
						437.11,
						437.13,
						438.5,
						438.6,
						1203
						and
						1255,
						Health and Safety Code; Chapter 854 (Statutes of 1976). Reference: AB 4001,
						Chapter 854, Statutes of 1976.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 11 - Review Criteria › Section 90921 - Criteria for Psychiatric Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-8-76 as an emergency; effective upon filing (Register 76, No.
					 50).
2. Certificate of Compliance filed 3-8-77 (Register 77, No.
					 11).
3. Amendment filed 9-8-77; effective thirtieth day thereafter
					 (Register 77, No. 37).
4. Repealer filed 10-14-83; designated
					 effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437.7-
						437.11,
						437.13,
						438.5,
						438.6,
						1203
						and
						1255,
						Health and Safety Code; Chapter 854 (Statutes of 1976). Reference: AB 4001,
						Chapter 854, Statutes of 1976.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 11 - Review Criteria › Section 90923 - Criteria for Radiation Therapy Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-8-76 as an emergency; effective upon filing (Register 76, No.
					 50).
2. Certificate of Compliance filed 3-8-77 (Register 77, No.
					 11).
3. Amendment filed 9-8-77; effective thirtieth day thereafter
					 (Register 77, No. 37).
4. Repealer filed 10-14-83; designated
					 effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437.7-
						437.11,
						437.13,
						438.5,
						438.6,
						1203
						and
						1255,
						Health and Safety Code; Chapter 854 (Statutes of 1976). Reference: AB 4001,
						Chapter 854, Statutes of 1976.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 11 - Review Criteria › Section 90925 - Criteria for Renal Transplant Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-8-76 as an emergency; effective upon filing (Register 76, No.
					 50).
2. Certificate of Compliance filed 3-8-77 (Register 77, No.
					 11).
3. Amendment filed 9-8-77; effective thirtieth day thereafter
					 (Register 77, No. 37).
4. Repealer filed 10-14-83; designated
					 effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437.7-
						437.11,
						437.13,
						438.5,
						438.6,
						1203
						and
						1255,
						Health and Safety Code; Chapter 854 (Statutes of 1976). Reference: AB 4001,
						Chapter 854, Statutes of 1976.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 11 - Review Criteria › Section 90927 - Criteria for Surgical Clinics

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for a new surgical clinic
				  shall establish by a preponderance of evidence that:
(1) The surgical clinic will have at least
				  two operating rooms.
(2) The
				  surgical clinic, as a condition of granting staff privileges, will require the
				  physicians to maintain comparable clinical privileges in local general acute
				  care hospitals.
(3) The applicant
				  has an appropriate utilization review plan and quality assurance
				  plan.
(4) The applicant has
				  acceptable written procedures for the transfer of surgical clinic patients and
				  their records in an emergency to an appropriate general acute care hospital in
				  the service area.
(5) The surgical
				  clinic can achieve and maintain a minimum of 240 operating room minutes (not
				  including preparation and clean up time) per operating room per day within
				  three years of commencement and will not cause the utilization at existing
				  surgical clinics to drop below or fail to attain the minimum of 240 operating
				  room minutes per operating room per day. For purposes of this section, surgical
				  operating room minutes shall be calculated on the basis of five days per week
				  and fifty weeks per year.
(6) There
				  will be a sufficient number of physicians in the service area who will use the
				  surgical clinic and will have staff privileges and will enable the clinic to
				  meet the minimum operating room time.
(7) It will be an appropriate facility in the
				  service area, considering equipment, staff, location, and other relevant
				  factors.
(8) The clinic will make
				  provision to serve those who are unable to pay all or a substantial portion of
				  the clinic's fee in advance of the provision of services.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 11 - Review Criteria › Section 90929 - Criteria for a Basic, Supplemental, Required or Optional Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-8-76 as an emergency; effective upon filing (Register 76, No.
					 50).
2. Certificate of Compliance filed 3-8-77 (Register 77, No.
					 11).
3. Amendment filed 9-8-77; effective thirtieth day thereafter
					 (Register 77, No. 37).
4. Repealer filed 10-14-83; designated
					 effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437.7-
						437.11,
						437.13,
						438.5,
						438.6,
						1203
						and
						1255,
						Health and Safety Code; Chapter 854 (Statutes of 1976). Reference: AB 4001,
						Chapter 854, Statutes of 1976.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 11 - Review Criteria › Section 90931 - Criteria for a Capital Expenditure. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-8-76 as an emergency; effective upon filing (Register 76, No.
					 50).
2. Certificate of Compliance filed 3-8-77 (Register 77, No.
					 11).
3. Amendment filed 9-8-77; effective thirtieth day thereafter
					 (Register 77, No. 37).
4. Repealer filed 10-14-83; designated
					 effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437.7-
						437.11,
						437.13,
						438.5,
						438.6,
						1203
						and
						1255,
						Health and Safety Code; Chapter 854 (Statutes of 1976). Reference: AB 4001,
						Chapter 854, Statutes of 1976.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 12 - Procedures and Requirements Relating to the California Environmental Quality Act › Section 90950 - Statement of Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It
				  is the policy of the Office of Statewide Health Planning and Development, in
				  carrying out its responsibilities under Part 1.5 of Division 1, Health and
				  Safety Code, to follow all applicable procedures and requirements of the
				  California Environmental Quality Act and of Chapter 3, Division 6, Title 14,
				  California Administrative Code, which implements CEQA.
(b) When acting as a lead agency the Office
				  shall follow procedures established by the California Environmental Quality Act
				  and by Chapter 3 of Title 14, California Administrative Code.
(c) Procedures and requirements set forth in
				  sufficient detail and with sufficient clarity in CEQA and its implementing
				  regulations shall not be reiterated herein.
1. New
					 Article 12 (Sections
					 90950-90962, not consecutive)
					 filed 4-11-80; effective thirtieth day thereafter (Register 80, No.
					 15).
2. Amendment filed 10-14-83; designated effective 10-17-83
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Section
						437.6,
						Health and Safety Code; and Section
						21082,
						Public Resources Code. Reference: Section
						437 et seq., Health and Safety
						Code; and Section
						21082,
						Public Resources Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 12 - Procedures and Requirements Relating to the California Environmental Quality Act › Section 90952 - General Procedures Relating to CEQA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As early as practicable in the
				  Certificate of Need process the Office shall determine whether a project is
				  exempt from CEQA according to Section
				  90955. A determination made on the
				  basis of information in a notice of intent shall be reevaluated if the
				  description of the project in the application differs materially from the
				  description in the notice of intent.
(b) If the Office does not find a project to
				  be exempt from CEQA the Office shall keep a copy of the negative declaration or
				  final EIR on file with the application.
1. Amendment
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						437.6,
						437.15,
						438,
						438.2
						and
						438.3,
						Health and Safety Code; and Section
						21082,
						Public Resources Code. Reference: Sections
						437.15,
						438,
						438.2
						and
						438.3,
						Health and Safety Code; and Section
						21082,
						Public Resources Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 12 - Procedures and Requirements Relating to the California Environmental Quality Act › Section 90955 - Categorical Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The following list summarizes, within relevant categories established in Title
				  14, California Administrative Code, commencing with Section
				  15101, types of projects which are
				  or may be subject to Certificate of Need requirements but which are
				  categorically exempt from the requirements of CEQA. These types of projects
				  involve no significant environmental impacts.
(1) Class 1: existing facilities. This class
				  consists of the operation, repair, maintenance, or minor alteration of existing
				  structures, facilities, equipment, or topographical features, involving little
				  or no expansion of use.
(A) Change of facility
				  bed classification.
(B) Change of
				  license category.
(C) Establishment
				  of a new service within an existing facility, utilizing existing
				  buildings.
(D) Acquisition of
				  equipment to be used within existing buildings.
(E) Acquisition by a facility of any
				  previously existing building or other capital item or of land when the type of
				  use is not to be significantly changed.
(F) Addition of beds or dialysis stations
				  within an existing building or buildings of a facility, if the capacity of the
				  facility is not increased by more than 25 percent.
(G) Remodeling of existing
				  buildings.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 12 - Procedures and Requirements Relating to the California Environmental Quality Act › Section 90957 - Ministerial Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Projects exempted from the requirements of Health and
					 Safety Code Sections
					 438
					 to
					 438.13,
					 are ministerial projects with respect to the certificate of need and
					 certificate of exemption processes. No negative declaration, EIR, or finding
					 that the project is categorically exempt shall be necessary in order for the
					 Office to act on such projects.
1. Amendment
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
2. Amendment filed 2-28-85; effective
					 thirtieth day thereafter (Register 85, No. 9).
Note: Authority cited: Sections
						437.6,
						437.11
						and
						437.119,
						Health and Safety Code; and Section
						21080,
						Public Resources Code. Reference: Sections
						437.11
						and
						437.119,
						Health and Safety Code; and Section
						21080,
						Public Resources Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 12 - Procedures and Requirements Relating to the California Environmental Quality Act › Section 90962 - Requirements for Office Acting as Responsible Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Office shall be a responsible agency
				  under CEQA with respect to any project which requires a certificate of need,
				  which is not exempt from the requirements of CEQA, which is not ministerial
				  with respect to the certificate of need/exemption process, and for which the
				  Office is not the lead agency.
(b)
				  When acting as a responsible agency, the Office shall provide to the lead
				  agency such consultation and comments as may be requested, in accordance with
				  the requirements of Chapter 3, Division 6, Title 14, California Administrative
				  Code. Whenever possible and appropriate, the Office shall propose changes in a
				  project which would mitigate any significant environmental effect of the
				  project.
Note: Authority cited: Section
						437.6,
						Health and Safety Code; and Sections
						21002,
						21069,
						21080.3,
						21080.4,
						21104
						and
						21153,
						Public Resources Code. Reference: Sections
						21002,
						21069,
						21080.3,
						21080.4,
						21104
						and
						21153,
						Public Resources Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 1 - Definitions › Section 91001 - Certificate of Necessity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Certificate of Necessity" means the document certifying
					 the Director's determination that a nonprofit hospital has applied for such
					 certification pursuant to the provisions of Section
					 91017 and
					 91019 and has been judged in
					 compliance with the provisions of Section
					 91023 of this
					 chapter.
1. New
					 Chapter 2 (Sections
					 91001-91023, not consecutive)
					 filed 8-3-77; effective thirtieth day thereafter (Register 77, No.
					 32).
2. Editorial correction of NOTE filed 2-23-83 (Register 83, No.
					 9).
Note: Authority cited: Sections
						103,
						446.2
						and
						1260,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						1260,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 1 - Definitions › Section 91003 - Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Department" means the Office of Statewide Health Planning
					 and Development.
1. Amendment
					 filed 6-30-78 as an emergency; designated effective at 11:59 p.m. on 6-30-78
					 (Register 78, No. 26).
2. Certificate of Compliance transmitted to
					 OAH 10-27-78; filed 10-31-78 (Register 78, No. 44).
3. Amendment
					 filed 3-26-79 as procedural and organizational; effective upon filing (Register
					 79, No. 13).
4. Editorial correction of NOTE filed 2-23-83 (Register
					 83, No. 9).
Note: Authority cited: Sections
						103,
						446.2
						and
						1260,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						1260,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 1 - Definitions › Section 91005 - Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Director" means the Director of the Office of Statewide
					 Health Planning and Development.
1. Amendment
					 filed 6-30-78 as an emergency; designated effective at 11:59 p.m. on 6-30-78
					 (Register 78, No. 26).
2. Certificate of Compliance transmitted to
					 OAH 10-27-78; filed 10-31-78 (Register 78, No. 44).
3. Amendment
					 filed 3-26-79 as procedural and organizational; effective upon filing (Register
					 79, No. 13).
4. Editorial correction of NOTE filed 2-23-83 (Register
					 83, No. 9).
Note: Authority cited: Sections
						103,
						446.2
						and
						1260,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						1260,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 1 - Definitions › Section 91007 - Final Environmental Impact Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Final Environmental Impact Report" means an Environmental
					 Impact Report in compliance with Section
					 21061
					 of the Public Resources Code and Section
					 15146 of Title 14 of the
					 California Administrative Code, and certified in accordance with Section
					 15085(g) of Title
					 14 of the California Administrative Code.
1. Editorial
					 correction adding NOTE filed 2-23-83 (Register 83, No.
					 9).
Note: Authority cited: Sections
						103,
						446.2
						and
						1260,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						1260,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 1 - Definitions › Section 91009 - Interested Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Interested party" means:
(1) All owners and
				  occupants of real property affected.
(2) The nonprofit hospital.
(3) The area health planning agency or health
				  systems agency in the area within which the hospital is located.
(4) A representative of any group of 15 or
				  more individuals or organizations who reside or are located in the area within
				  which the hospital is located, if the group shows to the satisfaction of the
				  hearing officer that said group will be affected by the environmental impact of
				  the proposed project, or by the impact of the proposed project on the delivery
				  of health care services in the community.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 1 - Definitions › Section 91011 - Nonprofit Hospital. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 6-10-83; effective thirtieth day thereafter (Register 83, No.
					 24).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 1 - Definitions › Section 91013 - Owners of Real Property Affected

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Owners of real property affected" means
				  those persons, and the spouses of any such persons, having any legal interest
				  in the real property which is the subject of procedures under this chapter.
				  Such persons shall include but not be limited to:
(1) Owners in fee, as sole owners, joint
				  tenants, tenants-in-common or by purchase of sale agreements.
(2) Lessees or tenants.
(3) Holders of easements or rights of
				  way.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 2 - General Provisions and Procedures › Section 91015 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this chapter shall apply to nonprofit
					 hospitals exercising the right of eminent domain under Title 7 of the Code of
					 Civil Procedure and Section
					 1260
					 of the Health and Safety Code.
1. Editorial
					 correction adding NOTE filed 2-23-83 (Register 83, No.
					 9).
Note: Authority cited: Sections
						103,
						446.2
						and
						1260,
						Health and Safety Code; and Section
						11152,
						Government Code. Reference: Section
						1260,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 2 - General Provisions and Procedures › Section 91017 - Existing Facility Application for Certificate of Necessity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to the
				  provisions of Section
				  1260
				  of the Health and Safety Code, the right of eminent domain exercised by an
				  existing nonprofit hospital shall be initiated by filing with the Department an
				  application for a Certificate of Necessity on forms provided by the Department.
				  A written notice of such application and of the intention to exercise the right
				  of eminent domain shall be given to:
(1) All
				  owners of real property affected.
(2) All reasonably discernible occupants of
				  real property affected.
(3) All
				  reasonably discernible occupants of property within 1000 yards of the real
				  property affected.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 2 - General Provisions and Procedures › Section 91019 - New Facility Application for Certificate of Necessity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to the provisions of Section
				  1260
				  of the Health and Safety Code, the right of eminent domain exercised by a newly
				  formed nonprofit hospital applying to condemn property for the initial
				  establishment of the facility shall be initiated by filing with the Department
				  an application for a Certificate of Necessity on forms provided by the
				  Department. A written notice of such application and of the intention to
				  exercise the right of eminent domain shall be given to:
(1) All owners of real property
				  affected.
(2) All reasonably
				  discernible occupants of real property affected.
(3) All reasonably discernible occupants of
				  property within 1000 yards of the real property affected.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 2 - General Provisions and Procedures › Section 91021 - Public Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  public hearing shall be conducted to determine the necessity of property
				  acquisition.
(b) The Department
				  shall provide 100 days prior written notice of the hearing to all interested
				  parties and the local legislative body and city planning authority.
(c) The Department shall publish notice of
				  the hearing in a newspaper of general circulation in the area within which the
				  hospital is located on three separate occasions within the 30 days immediately
				  prior to the hearing.
(d) The area
				  health planning agency or health systems agency shall make recommendations
				  after public meeting of the area agency regarding the application to the
				  hearing officer within 90 days of receipt of notice and such recommendations
				  shall be entered into the record of the public hearing. A copy of the
				  recommendations of the area agency to the hearing officer shall at the same
				  time be submitted to the hospital.
(e) Upon receipt of the agency's
				  recommendations prior to expiration of the 90 day maximum response period, the
				  Department may reschedule the hearing for conduct at a date earlier than that
				  originally specified. The Department shall provide 10 day prior written notice
				  of any hearing so rescheduled to all parties set forth in (b) above.
(f) The hearing shall:
(1) Be conducted prior to certification of
				  necessity pursuant to the provisions of Sections
				  91017,
				  91019 and
				  91023 of this chapter.
(2) Be conducted in accordance with Chapter 5
				  (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the California Government Code.
(3) Be conducted in the area within which the
				  hospital is located.
(4) Take under
				  consideration the impact of the proposed expansion upon the delivery of health
				  care services in the community.
(5)
				  Take into consideration the Final Environmental Impact Report.
(6) Assure the right of the nonprofit
				  hospital, and all interested parties to the acquisition, to the following:
(A) Representation by counsel.
(B) Presentation of oral and written
				  evidence.
(C) Confrontation and
				  cross-examination of opposing witnesses.
(7) Be transcribed and the hearing record
				  filed with the Department as a public document.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 2 - Eminent Domain Procedures for Nonprofit Hospitals › Article 2 - General Provisions and Procedures › Section 91023 - Action upon Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Director may certify, no later than 90 days after the public hearing
				  required by Section
				  91021, that:
(1) The acquisition of the property sought to
				  be condemned is necessary for the establishment, operation, or expansion of the
				  nonprofit hospital.
(2) The public
				  interest and necessity require the proposed project.
(3) The proposed project is planned or
				  located in the manner that will be most compatible with the greatest public
				  good and the least private injury.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 3 - Freestanding Cardiac Catheterization Pilot Project [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect repealing chapter 3, articles 1-6 (sections
				91100-91160) filed 3-27-96
				pursuant to section
				100, title 1, California Code of
				Regulations (Register 96, No. 13).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 4 - Fire Protection Loans › Article 1 - Definitions › Section 91301 - Basic Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Basic services" means those services required to be
					 provided by the facility in order to obtain and maintain a license and include,
					 in such combinations as may be applicable to the type of facility to be
					 operated, the following: personal care, protection, supervision, assistance,
					 guidance or training, planned activities, food service and incidental medical
					 and dental care.
1. New
					 Chapter 4 (Sections
					 91301-91343, not consecutive)
					 filed 7-25-78; effective thirtieth day thereafter (Register 78, No.
					 30).
2. Editorial correction of 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 1 - Definitions › Section 91303 - Construction Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Construction costs" means the cost of installation of
					 automatic sprinkler systems or detectors responding to invisible products of
					 combustion other than heat in accordance with the standards and regulations of
					 the State Fire Marshal. Also included in such costs are architectural,
					 engineering, consultation, plan check, permits, testing, inspection, title and
					 recording costs and fees, and all other costs necessary or incidental to effect
					 the construction project.
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 1 - Definitions › Section 91305 - Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Department" means the Office of Statewide Health Planning
					 and Development.
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 1 - Definitions › Section 91307 - Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Facility" means a building or portion thereof maintained
					 and used by a children's institution providing basic services and licensed to
					 operate as a "Group Home--Children," or a building or portion thereof
					 maintained and used by an institution housing the aged and providing basic
					 services and licensed to operate as a "Group Home--Adults."
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 1 - Definitions › Section 91309 - Housing for the Aged

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Housing for the aged" means a facility which devotes at
					 least 70 percent of its licensed capacity to housing persons who are either 65
					 years of age or older, or 50 years of age or older if such persons are blind or
					 totally disabled, or who are any combination of the above
					 classifications.
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 1 - Definitions › Section 91311 - Project Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Project property" means the real property upon which the
					 facility is located and upon which construction improvements are
					 made.
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 1 - Definitions › Section 91313 - Trustee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Trustee" means a third-party to whom funds are legally
					 committed in trust, under an express trust or escrow agreement between the
					 borrower, trustee and 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 4 - Fire Protection Loans › Article 2 - General Provisions › Section 91314 - Advisory Loan Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Advisory Loan Committee shall advise the Department regarding the
				  borrower's financial capability to service the loan.
(b) The Committee shall be appointed by the
				  Director and shall consist of seven members as follows:
(1) Four shall be appointed from outside
				  State Government.
(2) Three shall
				  be appointed from state departments. One such member shall be from the Division
				  of Facilities Development of the Department.
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 91315 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall, in accordance with the provisions of
					 this chapter, grant loans to facilities for the purpose of installation of fire
					 protection equipment therein. To qualify for a loan, facilities shall be in
					 compliance with all state laws and local ordinances relating to health,
					 sanitation, building safety and licensing.
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 91317 - Priority of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Priority shall be given to applications for loans for
					 facilities in existence and licensed prior to the effective date of these
					 regulations and in the order in which the initial stage of the applications are
					 perfected by the applicant in accordance with the provisions of Section
					 91337 of these regulations. Loans
					 shall be awarded by the Department according to their priority only to the
					 extent funds remain available.
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 91319 - Maximum Loan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The maximum amount of the loan shall be no greater than
					 that which is determined by the Department as necessary to effect compliance
					 with Section
					 13113
					 of the Health and Safety Code. The actual amount of each loan shall be
					 determined by the Department, in the exercise of its discretion, considering
					 the most equitable means of achieving the purpose of the program within
					 available funds, taking into account the sums needed by each applicant and
					 those needs anticipated for all potential applicants.
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 91321 - Length and Maturity of Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The repayment period for loans shall be
				  limited to the lesser of the following:
(1)
				  Thirty years from the beginning of amortization.
(2) Seventy-five percent of the Department's
				  estimate of the economic life of the facility.
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 91323 - Interest Rate. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 6-10-83; effective thirtieth day thereafter (Register 83, No.
					 24).
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 91325 - Repayment of the Loan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless
				  otherwise approved by the Department, the loan shall be repayable in uniform
				  total monthly installments of principal and interest.
(b) First repayment installment shall be due
				  and payable as specifically set forth in the loan agreement, and in no case
				  shall such date be more than 60 days subsequent to the issuance by the State of
				  the total loan proceeds to the trustee.
(c) The State shall cause to be issued a
				  Direct Reduction Loan Amortization Schedule based upon monthly installment
				  payments and showing:
(1) Total amount of the
				  loan.
(2) Term of the
				  loan.
(3) The interest
				  rate.
(4) Total monthly installment
				  payment.
(5) Breakdown of monthly
				  interest and principal.
(6) Balance
				  of loan.
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 91327 - Security for the Loan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Loans
				  may be secured by a first trust deed on the real property of the facility upon
				  which the work of construction is performed, or such other alternative security
				  as the Department may find necessary to protect the financial interests of the
				  State provided that such other security agreed upon is sufficient to afford
				  protection of the Department's investment.
(b) The Department shall not accept
				  alternative security in lieu of a first trust deed on the real property of the
				  facility unless:
(1) The borrower applies to
				  the Department for consideration of alternative security
				  arrangements;
(2) The borrower
				  substantiates in writing to the Department that if the Department requires a
				  first trust deed on the project property of the facility, the project would be
				  economically unfeasible; and
(3)
				  The Department determines and substantiates that the project is economically
				  unfeasible without a waiver of the requirement for a first trust deed on the
				  project property of the facility.
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 91329 - Disbursement of Loan Proceeds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The proceeds of the loan shall be used
				  exclusively for the construction as approved by the Department.
(b) Upon issuance of the loan by the State,
				  the proceeds of the loan shall be deposited with a trustee acceptable to the
				  State who shall operate under an express trust agreement.
(c) Subsequent to execution of the loan
				  agreement and other correlative documents, the State shall forward the whole
				  amount of the loan to the trustee to be deposited in a special construction
				  account from which all disbursements shall be made.
(d) The trustee may invest proceeds of the
				  loan in short-term insured securities so long as sufficient funds are held
				  available for timely payment of valid claims. Income from such investment
				  shall, after deducting agreed charges and costs in favor of the trustee, insure
				  to the benefit of the trust loan corpus.
(e) Prior to valid claims being paid from the
				  construction account and upon request by the borrower, a Department
				  representative shall examine the borrower's disbursement records and shall
				  certify, on forms furnished by the Department with respect to such payment to
				  be made, that all work, services and materials are incorporated in the project
				  and are in compliance with agreements, and regulations and statutes determined
				  applicable by 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 4 - Fire Protection Loans › Article 2 - General Provisions › Section 91331 - Regulations and Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any loan agreement entered into pursuant to the Health and
					 Safety Code Section
					 13111.3
					 and these regulations shall be deemed to include, as part of its terms and
					 conditions, all of the provisions of Section
					 13111.3
					 of the Health and Safety Code and of this chapter.
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 91333 - Events of Default

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may declare a default upon the following conditions:
(1) Failure by the borrower to comply with
				  all the terms and conditions of the Loan Agreement, the Note, and such other
				  security instruments executed by the borrower.
(2) The borrower's noncompliance with laws
				  and regulations pertaining to the operation and condition of the
				  facility.
(3) Failure of the
				  borrower to maintain sufficient funds in a trust account to prosecute the work
				  of the improvements.
(4) The
				  borrower's abandonment of the work, property or operation of the
				  facility.
(5) Failure of the
				  borrower to tender an installment payment for a period greater than 30 days
				  from due date.
(6) The borrower's
				  change of license category without the written consent of the Department,
				  conveyance of title to the property, transfer of possession or purported change
				  of obligor on the loan without express approval of the Department.
(7) Failure of the facility, during the term
				  of the loan, to maintain in effect its license in the category of facility
				  under which the loan was issued.
(8) Where the borrower files for relief under
				  any chapter of the Federal Bankruptcy Act or where an action is filed against
				  the borrower under any chapter of the Federal Bankruptcy
				  Act.
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 91335 - Remedies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				  declaration of default by the Department:
(1)
				  All remaining funds in the trust construction improvement account shall revert
				  to the State.
(2) The total loan
				  balance with accrued interest shall be immediately due and
				  payable.