reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 11 - Certified Application Counselor Program › Section 6864 - Roles and Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Certified Application Counselors shall
				perform the following functions:
(1) Provide
				information to individuals and employees about the full range of QHP options
				and insurance affordability programs for which they are eligible, which
				includes providing fair, impartial, and accurate information that assists
				consumers with submitting the eligibility application; clarifying the
				distinctions among health coverage options, including QHPs; and helping
				consumers make informed decisions during the health coverage selection
				process;
(2) Assist individuals and
				employees in applying for coverage in a QHP through the Exchange and for
				insurance affordability programs;
(3) Help to facilitate enrollment of eligible
				individuals into QHPs and insurance affordability programs;
(4) Comply with the privacy and security
				requirements in 45 C.F.R.
				§
											155.260;
(5) Act in the best interest of the
				applicants assisted;
(6) Either
				directly or through an appropriate referral to assist personnel certified
				pursuant to Article 8 of this Chapter, provide information in a manner that is
				accessible to individuals with disabilities, as defined by the Americans with
				Disabilities Act, as amended,
				42 U.S.C. Section
				12101 et seq. and Section
				504 of the Rehabilitation Act, as
				amended, 29 U.S.C. Section
				794;
(7) Ensure that voter registration assistance
				is available in compliance with Section
				6462 of Article 4 of this
				Chapter;
(8) Comply with any
				applicable federal or state laws and regulations;
(9) Provide referrals to any applicable
				office of health insurance Consumer Assistance or health insurance ombudsman
				established under Section
				2793 of the Public Health Service
				Act, 42 U.S.C. §
											300gg-93, or any other appropriate state
				agency or agencies, for any enrollee with a grievance, complaint, or question
				regarding their health plan, coverage, or a determination under such plan or
				coverage; and
(10) Provide
				referrals to licensed tax advisers, tax preparers, or other resources for
				assistance with tax preparation and tax advice related to consumer questions
				about the Exchange application and enrollment process, exemptions from the
				requirement to maintain minimum essential coverage and from the individual
				shared responsibility payment, and premium tax credit
				reconciliations.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 11 - Certified Application Counselor Program › Section 6866 - Conflict of Interest Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Certified Application Entities and
				Certified Application Counselors must disclose to the Exchange and any
				consumers any relationships with Qualified Health Plans, insurance
				affordability programs, or other potential conflicts of interest.
(b) Certified Application Entities and
				Certified Application Counselors shall not concurrently hold a license issued
				by the California Department of Insurance.
(c) Certified Application Entities and
				Certified Application Counselors shall not employ, be employed by, be in
				partnership with, or receive any remuneration arising out of functions
				performed under this Article, or from any individual or entity currently
				licensed by the California Department of Insurance.
(d) Certified Application Entities and
				Certified Application Counselors shall:
(1)
				Create a written plan to remain free of conflicts of interest while carrying
				out functions under this Article. This plan shall be made available upon
				request to the Exchange;
(2)
				Provide information to consumers about the full range of QHP options and
				insurance affordability programs for which they are eligible; and
(3) Disclose to the Exchange and to each
				consumer who receives application assistance from the entity or individual:
(A) Any lines of insurance business, not
				covered by the restrictions on participation and prohibitions on conduct in
				this section, which the entity or individual intends to sell while carrying out
				the Consumer Assistance functions;
(B) Any existing employment relationships, or
				any former employment relationships within the last five years, with any health
				insurance issuers or issuers of stop loss insurance, or subsidiaries of health
				insurance issuers or issuers of stop loss insurance, including any existing
				employment relationships between a spouse or domestic partner and any health
				insurance issuers or issuers of stop loss insurance, or subsidiaries of health
				insurance issuers or issuers of stop loss insurance; and
(C) Any existing or anticipated financial,
				business, or contractual relationship with one or more health insurance issuers
				or issuers of stop loss insurance, or subsidiaries of health insurance issuers
				or issuers of stop loss insurance.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 11 - Certified Application Counselor Program › Section 6868 - Suspension and Revocation; Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each of the following shall be
				justification for the Exchange to suspend or revoke the certification of any
				Certified Application Entity and/or Certified Application Counselor:
(1) Failure to comply with any and all
				applicable federal or state laws or regulations, including, but not limited to,
				Section 6864 or Section
				6866 of this Article; or
(2) A potentially disqualifying
				administrative action or criminal record, which is substantially related to the
				qualifications, functions, or duties of the specific position of the entity or
				individual as set forth in this Article.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 12 - Medi-Cal Managed Care Plan Enrollment Assistance › Section 6900 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				this Article, the following terms shall have the following associated meanings:
(1) Authorized Contract: The individual
				appointed by the Certified Medi-Cal Managed Care Plan entity to manage the
				agreement executed with the Exchange pursuant to this Article.
(2) Certified Medi-Cal Managed Care Plan: a
				Medi-Cal Managed Care Plan who has been certified pursuant to this
				Article.
(3) Certified Medi-Cal
				Managed Care Plan Enroller or Enroller: An individual that is an employee or
				contractor of a Certified Medi-Cal Managed Care Plan who provides enrollment
				assistance pursuant to this Article.
(4) Consumer Assistance: The programs and
				activities created under 45
				C.F.R. §
											155.205(d)
				(December 22, 2016), hereby incorporated by reference, to provide enrollment
				assistance to consumers.
(5)
				Medi-Cal Managed Care Plan: An entity contracting with the Department of Health
				Care Services (DHCS) to provide health care services to enrolled Medi-Cal
				beneficiaries under Chapter 7, commencing with section
				14000, or Chapter 8, commencing
				with section
				14200, of Division 9, Part 3, of
				the Welfare and Institutions Code.
(6) Primary Contact: The individual appointed
				by the Certified Medi-Cal Managed Care Plan to be the liaison with the
				Exchange.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 12 - Medi-Cal Managed Care Plan Enrollment Assistance › Section 6901 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All California
				Medi-Cal Managed Care Plans as defined in section
				6900 are eligible to apply to
				become a Certified Medi-Cal Managed Care Plan with the Exchange.
1. New section
				  filed 3-12-2020; operative 3-12-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 11). For prior history, see Register 2019, No.
				  39.
Note: Authority cited: Sections
					 100502 and
					 100504,
					 Government Code. Reference: Sections
					 100502 and
					 100503,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 12 - Medi-Cal Managed Care Plan Enrollment Assistance › Section 6902 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Medi-Cal
				Managed Care Plan may apply to register as a Certified Medi-Cal Managed Care
				Plan according to the following process:
(1)
				The entity shall submit an application containing all information,
				documentation, and declarations required in subdivision (b) of this
				section.
(2) The application shall
				demonstrate that the entity is capable of carrying out at least those duties
				described in section
				6906 and has existing
				relationships, or could readily establish relationships, with employers and
				employees, consumers (including uninsured and underinsured consumers), or
				self-employed individuals likely to be eligible for enrollment in a Qualified
				Health Plan (QHP) or an insurance affordability program.
(3) The Exchange shall review the application
				and, if applicable, request any additional or missing information necessary to
				determine eligibility.
(4) Entities
				who have submitted a completed application and demonstrated ability to meet the
				above requirements shall:
(A) Submit the
				following:
1. An executed agreement
				conforming to the Roles and Responsibilities defined in section
				6906; and
2. Proof of general liability insurance with
				coverage of not less than $1,000,000 per occurrence with the Exchange named as
				an additional insured, and workers' compensation
				insurance.
(5)
				Entities who are eligible based on their completed application and whose
				designee completes and passes the training requirements established pursuant to
				section 6905 shall be registered as a
				Certified Medi-Cal Managed Care Plan by the Exchange and assigned a Certified
				Medi-Cal Managed Care Plan Number. If the designee fails to complete the
				training requirements set forth in section
				6905 within 30 calendar days of
				completing the requirements in (a)(4)(A) of this section, the applicant shall
				be deregistered.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 12 - Medi-Cal Managed Care Plan Enrollment Assistance › Section 6903 - Certified Medi-Cal Managed Care Plan Enroller Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An individual
				may become a Certified Medi-Cal Managed Care Plan Enroller according to the
				following process:
(1) The individual shall:
(A) Submit the following:
1. All information, documentation, and
				declarations required in subdivision (b) of this section; and
2. An executed agreement conforming to the
				Roles and Responsibilities defined in section
				6906.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 12 - Medi-Cal Managed Care Plan Enrollment Assistance › Section 6904 - Fingerprinting and Criminal Record Checks

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subdivisions
				6658 (a)-(c) of
				Article 8 apply to individuals seeking certification pursuant to this
				Article.
(b) Background check costs
				for individuals seeking certification under this Article shall be paid by the
				Certified Medi-Cal Managed Care Plan.
(c) Following the receipt of a final
				determination pursuant to section
				6658(c) that an
				individual is disqualified from certification, the individual shall not reapply
				for certification for two years.
1. New section
				  filed 4-27-2015 as an emergency pursuant to Government Code section
				  100504(a)(6),
				  as modified by Senate Bill 857 (Stats. 2014, c. 31); operative 4-27-2015
				  (Register 2015, No. 18). A Certificate of Compliance must be transmitted to OAL
				  by 4-27-2017 pursuant to Government Code section
				  100504, or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Senate Bill 75 (Stats. 2015, Ch. 18) modified Government
				  Code section
				  100504(a)(6)
				  to change the date upon which a Certificate of Compliance must be transmitted
				  to OAL. Pursuant to Government Code section
				  100504(a)(6),
				  as modified by Senate Bill 75 (Stats. 2015, Ch. 18), a Certificate of
				  Compliance must be transmitted to OAL by 4-27-2018 or the language in the
				  emergency order of 4-27-2015 will be repealed by operation of law on the
				  following day (Register 2015, No. 38).
3. Refiling of 4-27-2015
				  order on 9-20-2017, including adoption of subsection (c), as a deemed emergency
				  pursuant to Government Code section
				  100504(a)(6);
				  operative 9-20-2017 (Register 2017, No. 38). Senate Bill 833 (stats 2016, c.
				  30) modified Government Code section
				  100504(a)(6)
				  to extend the date upon which a Certificate of Compliance must be transmitted
				  to OAL; a Certificate of Compliance must be transmitted to OAL by 4-27-2020
				  pursuant to Government Code section
				  100504(a)(6)
				  or emergency language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 9-20-2017 order transmitted
				  to OAL 2-5-2020 and filed 3-12-2020 (Register 2020, No.
				  11).
Note: Authority cited: Sections
					 1043 and
					 100504,
					 Government Code. Reference: Section
					 100502,
					 Government Code; and Section
					 11105, Penal
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 12 - Medi-Cal Managed Care Plan Enrollment Assistance › Section 6905 - Training Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				All individuals who carry out functions pursuant to this Article shall complete
				training as outlined in section
				6660 of Article 8.
(b) Certified Medi-Cal Managed Care Plans
				shall ensure that any affiliated Certified Medi-Cal Managed Care Plan Enrollers
				do not perform any consumer assistance functions if more than twelve months
				have passed since the Medi-Cal Managed Care Plan Enroller passed the
				certification exam in section
				6660(d) of
				Article 8.
1. New section
				  filed 3-12-2020; operative 3-12-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 11).
Note: Authority cited: Section
					 100504,
					 Government Code. Reference: Sections
					 100502 and
					 100503,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 12 - Medi-Cal Managed Care Plan Enrollment Assistance › Section 6906 - Roles and Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Certified Medi-Cal Managed Care Plans and
				Certified Medi-Cal Managed Care Plan Enrollers shall perform the following
				functions:
(1) Maintain expertise in
				eligibility, enrollment, and Exchange program specifications;
(2) Provide information and services in a
				fair, accurate, and impartial manner, which includes: providing information
				that assists consumers with submitting the eligibility application; clarifying
				the distinctions among health coverage options, including QHPs; and helping
				consumers make informed decisions during the health coverage selection process.
				Such information must acknowledge the existence of other health programs (i.e.,
				Medi-Cal and Children's Health Insurance Programs);
(3) Facilitate selection of a QHP and/or
				insurance affordability programs;
(4) Provide referrals to any applicable
				office of health insurance Consumer Assistance or health insurance ombudsman
				established under section
				2793 of the Public Health Service
				Act, 42 U.S.C. §
											300gg-93, or any other appropriate State
				agency or agencies, for any enrollee with a grievance, complaint, or question
				regarding their health plan, coverage, or a determination under such plan or
				coverage;
(5) Comply with the
				privacy and security requirements in
				45 C.F.R. §
											155.260 (September 6, 2016), hereby
				incorporated by reference;
(6)
				Ensure that voter registration assistance is available in compliance with
				section 6462 of Article 4 of this Chapter;
				and
(7) Comply with any applicable
				federal or state laws and regulations.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 12 - Medi-Cal Managed Care Plan Enrollment Assistance › Section 6907 - Conflict of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Certified Medi-Cal Managed Care Plans and Certified Medi-Cal Managed Care Plan
				Enrollers shall:
(1) Comply with applicable
				State law related to the sale, solicitation, and negotiation of insurance
				products, including applicable State law related to agent, broker, and producer
				licensure;
(2) Create a written
				plan to remain free of conflicts of interest while carrying out functions under
				this Article;
(3) Provide
				information to consumers about the full range of QHP options and insurance
				affordability programs for which they are eligible;
(4) Disclose to each consumer who receives
				application assistance from the entity or individual:
(A) Any lines of insurance business which the
				entity or individual intents to sell while carrying out the Consumer Assistance
				functions;
(B) Any existing
				employment relationships, or any former employment relationships within the
				last five years, with any health insurance issuers or issuers of stop loss
				insurance, or subsidiaries of health insurance issuers or issuers of stop loss
				insurance, including any existing employment relationships between a spouse or
				domestic partner and any health insurance issuers or issuers of stop loss
				insurance, or subsidiaries of health insurance issuers or issuers of stop loss
				insurance; and
(C) Any existing or
				anticipated financial, business, or contractual relationship with one or more
				health insurance issuers or issuers of stop loss insurance, or subsidiaries of
				health insurance issuers or issuers of stop loss
				insurance.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 12 - Medi-Cal Managed Care Plan Enrollment Assistance › Section 6908 - Suspension and Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Each of the following shall be justification for the Exchange to suspend or
				revoke the certification of any Certified Medi-Cal Managed Care Plan or
				Certified Medi-Cal Managed Care Plan Enroller:
(1) Failure to comply with all applicable
				federal or state laws or regulations; and
(2) A potentially disqualifying
				administrative action or criminal record which is substantially related to the
				qualifications, functions, or duties of the specific position of the entity or
				individual, under sections
				6903 and
				6904.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 13 - Hardship and Religious Conscience Exemptions Process Through the Exchange › Section 6912 - Exemption Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Exchange shall use an exemption application to collect the applicant's
				information necessary to determine the applicant's eligibility for religious
				conscience and hardship exemptions.
(b) To apply for a religious conscience or
				hardship exemption, an applicant or an application filer shall submit all
				information, documentation, and declarations required on the application, as
				specified in subdivisions (c), (d), and (e) of this section, and shall sign and
				date the application.
(c) An
				applicant or an application filer shall provide the following information on
				the applicable exemption application:
(1) The
				applicant's full name (first, middle, if applicable, and last name).
(2) The applicant's home and mailing address,
				if different from home address, the applicant's county of residence and
				telephone number(s). For an applicant who does not have a home address, only a
				mailing address shall be provided.
(3) The applicant's email address, if the
				applicant chooses to get correspondence via email from the Exchange.
(4) The applicant's preferred written and
				spoken language.
(5) The
				applicant's date of birth.
(6) The
				applicant's Social Security Number or Individual Taxpayer Identification
				Number, if one has been issued to the applicant.
(7) The applicant's gender.
(8) For each individual included on the
				applicant's state tax return, including the applicant and the applicant's
				spouse or domestic partner, the individual's relationship to the applicant, the
				individual's full name, date of birth, Social Security Number or Individual
				Taxpayer Identification Number, if the individual has one, gender, and whether
				the individual wants an exemption.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 13 - Hardship and Religious Conscience Exemptions Process Through the Exchange › Section 6914 - Eligibility Standards for Exemptions Through the Exchange

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as specified in subdivisions (c)
				and (d) of this section, the Exchange shall determine an applicant eligible for
				and issue a certificate of exemption for any month if the Exchange determines
				that the applicant meets the requirements for one or more of the exemptions
				described in this section for at least one day of the month.
(b) The Exchange shall proceed in accordance
				with the following process for a religious conscience exemption:
(1) The Exchange shall determine an applicant
				eligible for the religious conscience exemption for any month if, for that
				month, the applicant is either of the following:
(A) A member of a recognized religious sect
				or division described in section
				1402(g)(1) of the
				Internal Revenue Code (26
				USC §
												1402(g)(1)) and
				adheres to the established tenets or teachings of such sect or
				division.
(B) A member of a
				religious sect or division that is not described in Section
				1402(g)(1) of the
				Internal Revenue Code (26
				USC §
												1402(g)(1)),
				relies solely on a religious method of healing, the acceptance of medical
				health services would be inconsistent with the religious beliefs of the
				individual, and who includes an attestation that the individual has not
				received medical health services during the preceding taxable year. For
				purposes of this paragraph, the term "medical health services" does not include
				routine dental, vision, and hearing services, midwifery services, vaccinations,
				necessary medical services provided to children, services required by law or by
				a third party, and other services as the Secretary of United States Department
				of Health and Human Services may provide in implementing Section
				1311(d)(4)(H) of
				the federal Patient Protection and Affordable Care Act (42 USC §
												18031(d)(4)(H)). An
				individual who claims this exemption, but received medical health services
				during the coverage year, shall lose eligibility for the religious conscience
				exemption.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 13 - Hardship and Religious Conscience Exemptions Process Through the Exchange › Section 6916 - Eligibility Process for Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Exchange shall use the exemption
				applications described in Section
				6912 to collect information
				necessary for determining eligibility for and granting certificates of
				exemption as described in Section
				6914.
(b) If an individual submits the application
				specified in Section
				6470 and then requests an
				exemption, the Exchange shall use the information collected for purposes of the
				eligibility determination for enrollment in a QHP and for insurance
				affordability programs in making the exemption eligibility determination. The
				Exchange shall not request duplicate information or conduct repeat
				verifications to the extent that the Exchange finds that such information is
				still applicable and the standards for such verifications adhere to the
				standards specified in this article.
(c) The Exchange shall accept the exemption
				applications specified in Section
				6912 from an application filer and
				shall provide the tools for the application filer to file the application
				through any of the following channels:
(1) The
				Exchange's Internet Web site;
(2)
				Facsimile; or
(3)
				Mail.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 13 - Hardship and Religious Conscience Exemptions Process Through the Exchange › Section 6920 - Eligibility Redeterminations for Exemptions During a Calendar Year

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Exchange
				shall redetermine the eligibility of an individual with an exemption granted by
				the Exchange if it receives and verifies new information reported by such an
				individual, except for the exemption described in Section
				6914(d).
(b) An individual who has a certificate of
				exemption from the Exchange shall report any change with respect to the
				eligibility standards for the exemption as specified in Section
				6914, except for the exemption
				described in Section
				6914(d), to the
				Exchange within 30 days of such change through the channels available for the
				submission of an exemption application, as specified in Section
				6916(c).
(c) The Exchange shall verify any information
				reported by an individual with a certificate of exemption in accordance with
				the processes specified in Section
				6918 prior to using such
				information in an eligibility redetermination, and shall:
(1) Notify an individual in accordance with
				Section 6916(i) after
				redetermining the individual's eligibility based on a reported change;
				and
(2) Provide periodic electronic
				notifications regarding the requirements for reporting changes and an
				individual's opportunity to report any changes, to an individual who has a
				certificate of exemption for which changes must be reported in accordance with
				subdivision (b) of this section and who has elected to receive electronic
				notifications, unless the individual has declined to receive such
				notifications.
California Code of Regulations › Title 10 - Investment › Chapter 12 - California Health Benefit Exchange › Article 13 - Hardship and Religious Conscience Exemptions Process Through the Exchange › Section 6922 - Right to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Exchange shall include the notice of the right to appeal
				  and instructions regarding how to file an appeal in accordance with Article 7
				  of this chapter in any eligibility determination and redetermination notice
				  issued to the applicant in accordance with Sections
				  6916(i),
				  6916(k)(4),
				  6918(d)(2)(B) and
				  6920(c)(1).
1. New section
				  filed 10-7-2019 as a deemed emergency pursuant to Government Code section
				  100725(c);
				  operative 1-1-2020 (Register 2019, No. 41). A Certificate of Compliance must be
				  transmitted to OAL by 1-1-2025 pursuant to Government Code section
				  100725 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. New section refiled 5-11-2020 as a deemed emergency pursuant
				  to Government Code section
				  100725(c);
				  operative 5-11-2020 (Register 2020, No. 20). A Certificate of Compliance must
				  be transmitted to OAL by 1-1-2025 pursuant to Government Code section
				  100725 or
				  emergency language will be repealed by operation of law on the following
				  day.
Note: Authority cited: Sections
					 100504 and
					 100725,
					 Government Code. Reference: Sections
					 100503,
					 100506,
					 100506.1
					 and
					 100506.2,
					 Government Code; and 45 CFR
					 Section
					 155.635.
The
				  amended version of this section by
				  Register
				  2024, No. 28, effective 7/2/2024 is not yet
				  available.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 1 - California Competes Tax Credit › Section 8000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this article, the following definitions shall
				  apply:
(a)
(1) "Aggregate employee compensation" means
				the sum of the wages for the net increase of full-time employees that will be
				employed in this state by the applicant, as determined pursuant to paragraph
				(2), for the applicant's current taxable year and the four subsequent taxable
				years.
(2) The net increase of
				full-time employees shall be calculated by subtracting the total number of
				full-time employees, determined on an annual full-time equivalent basis,
				employed in this state by the applicant during the base year from the total
				number of full-time employees, determined on an annual full-time equivalent
				basis, that will be employed in this state by the applicant for each taxable
				year referenced in paragraph (1). The net increase of full-time employees for
				each taxable year shall be multiplied by the cumulative average annual wage of
				the full-time employees hired and that will be hired in each taxable year
				referenced in paragraph (1).
(3) If
				an applicant has been previously awarded a California competes tax credit, the
				applicant's aggregate employee compensation in any future application for the
				credit shall be calculated by reducing the net increase of full-time employees
				determined pursuant to paragraph (2) for each taxable year by the net increase
				of full-time employees committed to for each taxable year in its previously
				approved California competes tax credit agreement.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 1 - California Competes Tax Credit › Section 8010 - Tax Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant shall set forth its requested California
				  competes tax credit amount in the application form. The minimum amount of such
				  request shall be twenty thousand dollars ($20,000) and the maximum amount shall
				  be subject to the limitations set forth in Revenue and Taxation Code sections
				  17059.2
				  and
				  23689.
1. New section
				  filed 2-20-2014 as an emergency; operative 2-20-2014 (Register 2014, No. 8). A
				  Certificate of Compliance must be transmitted to OAL by 8-19-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 8-18-2014 as an emergency, including
				  amendments; operative 8-18-2014 (Register 2014, No. 34). A Certificate of
				  Compliance must be transmitted to OAL by 11-17-2014 or emergency language will
				  be repealed by operation of law on the following day.
3. New section
				  refiled 11-17-2014 as an emergency; operative 11-17-2014 (Register 2014, No.
				  47). A Certificate of Compliance must be transmitted to OAL by 2-16-2015 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 11-17-2014 order transmitted
				  to OAL 12-31-2014 and filed 2-5-2015 (Register 2015, No.
				  6).
Note: Authority cited: Sections
					 17059.2
					 and
					 23689,
					 Revenue and Taxation Code. Reference: Sections
					 17059.2,
					 18410.2
					 and
					 23689,
					 Revenue and Taxation Code.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 1 - California Competes Tax Credit › Section 8020 - Announcement of Application Deadlines and Committee Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director shall announce the
				application period or periods for the California competes tax credit prior to
				each new fiscal year on the website.
(b) The announcement shall state:
(1) The application period(s);
(2) The deadline to submit applications for
				each application period;
(3) The
				dates when the committee will hold meetings to approve or reject agreements;
				and
(4) The tax credits available
				during each application period.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 1 - California Competes Tax Credit › Section 8050 - Committee Meeting. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-20-2014 as an emergency; operative 2-20-2014 (Register 2014, No. 8). A
				  Certificate of Compliance must be transmitted to OAL by 8-19-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Readoption of 2-20-2014 action filed on 8-18-2014 as an
				  emergency, including repealer of section; operative 8-18-2014 (Register 2014,
				  No. 34). A Certificate of Compliance must be transmitted to OAL by 11-17-2014
				  or emergency language will be repealed by operation of law on the following
				  day.
Note: Authority cited: Sections
					 17059.2
					 and
					 23689,
					 Revenue and Taxation Code. Reference: Sections
					 17059.2,
					 18410.2
					 and
					 23689,
					 Revenue and Taxation Code.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 1 - California Competes Tax Credit › Section 8060 - Website Posting. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-20-2014 as an emergency; operative 2-20-2014 (Register 2014, No. 8). A
				  Certificate of Compliance must be transmitted to OAL by 8-19-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Readoption of 2-20-2014 action filed on 8-18-2014 as an
				  emergency, including repealer of section; operative 8-18-2014 (Register 2014,
				  No. 34). A Certificate of Compliance must be transmitted to OAL by 11-17-2014
				  or emergency language will be repealed by operation of law on the following
				  day.
Note: Authority cited: Sections
					 17059.2
					 and
					 23689,
					 Revenue and Taxation Code. Reference: Sections
					 17059.2,
					 18410.2
					 and
					 23689,
					 Revenue and Taxation Code.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 1 - California Competes Tax Credit › Section 8070 - Notice to and Duties of the Franchise Tax Board. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-20-2014 as an emergency; operative 2-20-2014 (Register 2014, No. 8). A
				  Certificate of Compliance must be transmitted to OAL by 8-19-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Readoption of 2-20-2014 action filed on 8-18-2014 as an
				  emergency, including renumbering of former section
				  8070 to new section
				  8040; operative 8-18-2014
				  (Register 2014, No. 34). A Certificate of Compliance must be transmitted to OAL
				  by 11-17-2014 or emergency language will be repealed by operation of law on the
				  following day.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 2 - Made in California Program › Section 8110 - Application Process for CA Made Label

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications shall be accepted by GO-Biz
				on a rolling basis. GO-Biz shall review, finalize, and execute licensing
				agreements at the beginning of each quarter.
(b) Applications shall be submitted
				online.
(c) Applicants shall create
				an account profile and establish a login and password as designated on the
				website.
(d) Applicants shall be
				asked to provide the following information on the application form:
(1) Contact information (legal entity
				business name, fictitious business name, contact name, primary business address
				in California, phone number, email address, and website);
(2) Type of business entity (sole
				proprietorship, corporation, limited liability company, limited partnership,
				general partnerships, or limited liability partnership);
(3) Whether the applicant is legally
				authorized to do business in California;
(4) Product(s) for which the applicant is
				seeking the CA Made label, categories the product(s) fall(s) under, and a brief
				description of the product(s);
(5)
				Uploaded photo(s) of the product(s);
(6) Uploaded certification form signed by a
				third-party certifier for the product(s) described;
(7) Any other information on their product(s)
				for marketing purposes; and,
(8)
				Business biography for website listing.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 2 - Made in California Program › Section 8120 - Certification Process for CA Made Label

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants shall provide the CA Made
				certification form to a third-party certifier.
(b) Third-party certifier shall determine
				whether the product(s) satisfies the definitions of "Made in U.S.A." and
				"substantially made" in California as set forth in the program. The
				determination of whether the product(s) is "substantially made" in California
				may be made by calculating the value added share of the product pursuant to
				subdivision (c).
(c) The California
				value added share of the product(s) shall be calculated based on the California
				wholesale value of the product(s) and total product cost as described below.
(1) The California wholesale value shall be
				determined by summation of the following costs:
(A) California direct and indirect material
				costs; and,
(B) California direct
				and indirect labor costs.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 2 - Made in California Program › Section 8130 - Application Review, Rejection, Approval, and Renewal Processes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of
				an application, GO-Biz shall:
(1) Review the
				application for completeness; and,
(2) Notify applicant of any deficiencies if
				appropriate.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 2 - Made in California Program › Section 8140 - CA Made Licensing Agreement and CA Made Label Usage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The website and
				the licensing agreement will identify the CA Made label that will be provided
				to licensees by GO-Biz.
(b) The CA
				Made label may be used by licensees for certified products pursuant to the
				rights and limitations as described in the licensing agreement, which shall
				include, but not be limited to:
(1) Use on
				the product, product containers, in point-of-purchase or other displays, and in
				advertising;
(2) Not be
				incorporated into any business, company or product logo or label;
				and,
(3) Not be its own mark or the
				exclusive representation of the product.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 2 - Made in California Program › Section 8150 - Fee Imposition, Structure, and Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon application approval, GO-Biz shall
				assess a fee on all licensees.
(b)
				The fee shall be determined for each licensee based on the number of products
				that are included in an approved application.
(c) The fee shall be one hundred dollars
				($100.00) for the first product in an approved application and twenty-five
				dollars ($25.00) for each additional product not to exceed a total of one
				hundred and fifty dollars ($150.00) from a single approved
				application.
(d) The fee will be
				imposed on an annual basis commencing on the date when an application is
				approved and on the same date each following year while the license remains
				valid.
(e) GO-Biz will collect and
				deposit all fees in the Made in California Fund.
1. New section
				  filed 6-7-2016; operative 6-7-2016 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2016, No. 24).
Note: Authority cited: Sections
					 12098.10
					 and
					 12098.11,
					 Government Code. Reference: Sections
					 12098.10
					 and
					 12098.11,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 3 - California EB-5 Foreign Investment Program › Section 8200 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this article, the following definitions shall
				  apply:
(a) "Applicant" means the
				individual or entity utilizing the GO-Biz TEA Interactive Tool to request a TEA
				certification letter, including, but not limited to, an immigrant seeking an
				EB-5 visa, an economic development center, a regional center, or a law firm
				representing such an immigrant or commercial enterprise.
(b) "Census Bureau's Participant Statistical
				Areas Program" means the process used to review and suggest modifications to
				the boundaries for block groups, census tracts, census county divisions, and
				census designated places for reporting data from the decennial
				census.
(c) "Census tracts" means
				relatively permanent statistical subdivisions of a county or equivalent entity
				that are updated by local participants prior to each decennial census as part
				of the Census Bureau's Participant Statistical Areas Program.
(d) "Commercial enterprise" means any
				for-profit activity formed for the ongoing conduct of lawful business
				including, but not limited to:
(1) A sole
				proprietorship;
(2) Partnership
				(whether limited or general);
(3)
				Holding company;
(4) Joint
				venture;
(5) Corporation;
				and,
(6) Business trust or other
				entity, which may be publicly or privately owned as set forth at
				8 C.F.R. Section
				204.6(e).
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 3 - California EB-5 Foreign Investment Program › Section 8210 - Designation and Certification of Qualified Teas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An individual or entity may establish
				that the location in which the new commercial enterprise is going to
				principally do business in, is a TEA, by submitting evidence to USCIS that the
				metropolitan statistical area, the specific county within a metropolitan
				statistical area, or the county in which a city or town with a population of
				20,000 or more is located, had an average unemployment rate of at least 150% of
				the federal Bureau of Labor Statistics' most recently published national
				average unemployment rate before the date of the application.
(b) Alternatively, an individual or entity
				can establish that the location, in which the new commercial enterprise is
				going to principally do business in, is a TEA, by obtaining a TEA certification
				letter.
(c) If an individual or
				entity seeks to receive a TEA certification letter from GO-Biz, the applicant
				must use the GO-Biz TEA Interactive Tool located on GO-Biz's EB-5 Program
				website to determine whether the project is located in a designated TEA and
				therefore qualified to receive a TEA certification letter from
				GO-Biz.
(d) The GO-Biz TEA
				Interactive Tool will require that an applicant provide:
(1) The name of the investor or entity
				entering the information;
(2) The
				name of the new business or project;
(3) The project's address, including street,
				city, state, and zip code; and,
(4)
				The email address of the person to whom the TEA certification letter will be
				emailed.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 3 - California EB-5 Foreign Investment Program › Section 8220 - Renewal of State Designated Tea Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) State designated TEA certification
				letters will not be renewed automatically.
(b) An applicant with on-going projects that
				require a continuing TEA designation and certification must submit a new TEA
				certification request by using the GO-Biz TEA Interactive Tool and following
				the process described in Section
				8210.
1. New section
				  filed 2-28-2017; operative 2-28-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 9).
Note: Authority cited: Section
					 6315.1,
					 Government Code. Reference: Section
					 6315.1(b),
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 3 - California EB-5 Foreign Investment Program › Section 8230 - EB-5 Survey

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On
				an annual basis, the GO-Biz International Trade and Investment Program shall
				survey the regional centers located in California for statistical and reporting
				purposes.
(b) If regional centers
				located outside California wish to participate in the survey, they can request
				to be included in the survey by emailing GO-Biz at
				eb5info@gov.ca.gov.
(c) The
				following information for the EB-5 survey will be solicited:
(1) Name of the regional center;
(2) Address of the regional center's
				principal place of business;
(3)
				Name of the regional center's CEO, President or equivalent position;
(4) Contact person for the regional
				center;
(5) Email of the contact
				person;
(6) Website address of the
				regional center, if applicable;
(7)
				Copy of the USCIS letter designating and approving the regional center to
				participate in EB-5 program;
(8) A
				complete list of the completed projects in the calendar year prior to when the
				survey is conducted;
(9) Total
				completed projects since the regional center's establishment;
(10) The location, including the address, if
				applicable, in California where the investment was made;
(11) Total direct and indirect jobs created
				since the regional center's establishment; and
(12) Amount of investment in US dollars
				raised since the regional center's establishment through the EB-5
				program.