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 5 - Certificate of Need › Section 90422 - Projects for Sole Community Providers or Long Term Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section and Health
				  and Safety Code Section
				  437.15
				  a sole community provider is any general acute care hospital eligible to be
				  designated as a primary health service hospital pursuant to Health and Safety
				  Code Section
				  1339.9.
(b) An application eligible for consideration
				  under Health and Safety Code Section
				  437.15
				  shall be filed on the forms specified by the Office for such
				  projects.
(c) Upon receipt of an
				  application on forms specified by the Office, the Division shall evaluate the
				  application to determine whether the project is for a sole community provider
				  or long term care.
(d) If the
				  Division determines that the project is for a sole community provider or long
				  term care the Division shall publish the notice required by paragraph 2 of
				  subdivision (c) of Health and Safety Code Section
				  437.15.
(e) If the Division determines that the
				  project is not for a sole community provider or long term care the Division
				  shall so notify the applicant and shall treat the application as a notice of
				  intent pursuant to Health and Safety Code Section
				  438.3.
1. New
					 section filed 2-28-85; effective thirtieth day thereafter (Register 85, No.
					 9).
Note: Authority cited: Sections
						437.6,
						437.15
						and
						438,
						Health and Safety Code. Reference: Sections
						437.15
						and
						438.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 5 - Certificate of Need › Section 90423 - Complete Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The application shall be considered to be filed as a
					 complete application on the date the notice of completeness is sent to the
					 applicant or the sixteenth day following the Office's receipt of the
					 application, whichever is earlier, or, when the applicant has made a request
					 pursuant to Health and Safety Code Section
					 438.2(b),
					 on the fifth business day following receipt by the Office of the request,
					 unless the Office makes a timely determination that the application may not be
					 declared complete.
1. Amendment
					 of subsection (a) filed 9-8-77; effective thirtieth day thereafter (Register
					 77, No. 37).
2. Amendment filed 5-17-83; designated effective
					 4-22-83 pursuant to Government Code Section
					 11349.3
					 (Register 83, No. 21).
3. Amendment of NOTE 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
						and
						438.2,
						Health and Safety Code. Reference: Sections
						438.2
						and
						438.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 5 - Certificate of Need › Section 90425 - Verification of Certified Cost Estimates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 5 - Certificate of Need › Section 90427 - Public Inspection. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 5 - Certificate of Need › Section 90429 - Amendments to Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Amendments to an application shall be submitted in writing to the Office and
				  the appropriate area agency.
(b) An
				  application with amendments shall be treated as a new application, unless:
(1) The amendments do not materially affect
				  the scope, location, or cost of the proposed project, or change the identity of
				  the proposed licensee; and
(2)
				  Extensive additional analysis of the application is not necessitated by the
				  amendments.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 5 - Certificate of Need › Section 90431 - Withdrawal of Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 5 - Certificate of Need › Section 90433 - Area Agency Review. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) 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. Amendment filed
					 10-14-83; designated effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
5. Repealer filed 7-11-84; effective
					 thirtieth day thereafter (Register 84, No. 28).
Note: Authority cited: Sections
						437.6,
						437.7,
						437.8,
						437.15
						and
						438.4,
						Health and Safety Code. Reference: Sections
						437.7
						and
						438.4,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90501 - Time and Place of Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90503 - Notice of Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90504 - Informal Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  request for an informal hearing, in lieu of and in the alternative to the
				  formal procedures described in Health and Safety Code Section
				  438.5,
				  shall be made in writing and addressed to the Division of Health Planning and
				  Review, Fourth Floor, 1600 Ninth Street, Sacramento, CA 95814.
(b) The request shall be made after the
				  Office has ordered a hearing pursuant to Health and Safety Code Section
				  438.5
				  and shall be made prior to commencement of the formal hearing.
(c) The request may be delivered prior to
				  issuance of an order for a formal hearing by the Office. If so, the request
				  shall be deemed to have been received, for purposes of the five day period
				  within which the Office must order an informal hearing, on the earlier of:
(1) the last day the Office is allowed to
				  issue an order for a formal hearing; or
(2) the date the Office issues the order for
				  the informal hearing.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90505 - Service of Papers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 9-8-77; effective thirtieth day thereafter (Register
					 77, No. 37).
2. Repealer filed 10-14-83; designated effective
					 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90507 - Parties. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90509 - Obligations of the Parties Prior to the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In preparing the intended position, the
				  Division shall take into account any significant environmental effects
				  identified in a final EIR on the project, if available, and shall, whenever
				  appropriate, consider feasible alterations in the project to mitigate or avoid
				  the significant environmental effects. The Division shall, if necessary, revise
				  an intended position to account for information in a final EIR or negative
				  declaration submitted after preparation of the initial intended
				  position.
(b) At least 15 days
				  prior to the hearing each party shall serve upon each of the other parties and
				  upon the hearing officer a list of witnesses intended to be presented together
				  with estimated time for direct examination of each witness. The list shall
				  include the name, address, and title of each intended witness.
1. Amendment
					 of subsection (b) filed 9-8-77; effective thirtieth day thereafter (Register
					 77, No. 37).
2. Amendment filed 4-11-80; effective thirtieth day
					 thereafter (Register 80, No. 15).
3. Amendment filed 10-14-83;
					 designated effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
4. Amendment filed 2-28-85; effective
					 thirtieth day thereafter (Register 85, No. 9).
Note: Authority cited: Sections
						437.6
						and
						438.5,
						Health and Safety Code; and Sections
						21000(g),
						21081
						and
						21100,
						Public Resources Code. Reference: Section
						438.5,
						Health and Safety Code; and Section
						21081,
						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 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90511 - Requests for Depositions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) filed 9-8-77; effective thirtieth day thereafter (Register
					 77, No. 37).
2. Repealer filed 10-14-83; designated effective
					 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90512 - Witnesses and Subpoenas. [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 of subsections (d) and (e) 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 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90513 - Hearing Procedure. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 9-8-77; effective thirtieth day thereafter (Register
					 77, No. 37).
2. Amendment filed 4-11-80; effective thirtieth day
					 thereafter (Register 80, No. 15).
3. 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
						437.6,
						and
						438.5,
						Health and Safety Code. Reference: Section
						438.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90515 - Basis for Decisions on Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The basis for decisions by the Office on
				  applications for Certificates of Need shall be:
(1) The Statewide Health Facilities and
				  Services Plan specified in Health and Safety Code Section
				  437.7,
				  Subdivision (b).
(2) The Statewide
				  Policies developed and adopted pursuant to Health and Safety Code Section
				  437.8,
				  including the review criteria established in Article 11.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 6 - Hearing Procedure on Applications for a Certificate of Need › Section 90517 - Decisions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 9-8-77; effective thirtieth day thereafter (Register 77, No.
					 37).
2. Repealer filed 10-14-83; designated effective 10-17-83
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 7 - Appeals › Section 90551 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The operation
				  of the administrative appeals process for certificate of need applications
				  established b Health and Safety Code Sections
				  438.8
				  to
				  438.12,
				  inclusive, and implemented by this Article is suspended.
(b) No petition for appeal shall be accepted
				  by the Council after the effective date of this regulation.
(c) Any appeal pending as of the date this
				  suspension becomes effective shall be processed in accordance with Article 7 as
				  it stood immediately before that date.
1. Repealer
					 and new section filed 5-17-83; designated effective 4-22-83 pursuant to
					 Government Code Section
					 11349.3
					 (Register 83, No. 21).
2. Amendment of NOTE filed 10-14-83;
					 designated effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
3. Amendment of subsection (a) filed 2-28-85;
					 effective thirtieth day thereafter (Register 85, No.
					 9).
Note: Authority cited: Section
						437.6,
						Health and Safety Code. Reference: Section
						437.6,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 7 - Appeals › Section 90553 - Appeal Filing Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 7 - Appeals › Section 90555 - Service of Papers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14083; designated effective 10-17-83, pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 7 - Appeals › Section 90557 - Certification of Oral Arguments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 7 - Appeals › Section 90559 - Notice of Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 7 - Appeals › Section 90561 - Appeal Hearing Procedure. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 7 - Appeals › Section 90563 - Notice of Meeting. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 7 - Appeals › Section 90565 - Decisions on Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 10-14-83; designated effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 7 - Appeals › Section 90567 - Disqualification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 8 - Certificate of Exemption [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  article 8 (sections
				  90601-90609) filed 7-11-1984;
				  operative 8-10-1984 (Register 84, No. 28). For prior history, see Register 83,
				  No. 42.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 9 - Terms and Conditions › Section 90701 - Notice of Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 9 - Terms and Conditions › Section 90703 - Effective Date of Final Decisions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsections (a), (e) and new subsection (f) filed 9-8-77; effective
					 thirtieth day thereafter (Register 77, No. 37).
2. Repealer filed
					 10-14-83; designated effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 9 - Terms and Conditions › Section 90704 - Transferability of Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A certificate of need or certificate of
				  exemption is particular to one specific existing or proposed facility and is
				  not transferable or assignable to another facility.
(b) A certificate of need or certificate of
				  exemption pertaining to a project for an existing facility is not invalidated
				  by transfer of ownership of that facility.
(c) A certificate of need for establishment
				  of a new facility may not be transferred to a person other than the
				  applicant.
1. New
					 section 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. Reference: Sections
						437.10
						and
						437.8,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 9 - Terms and Conditions › Section 90705 - Expiration of Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A certificate of need or a certificate of exemption shall expire 18 months
				  after the effective date unless one of the following occurs:
(1) The certificate holder has commenced the
				  project covered by the certificate and is diligently pursuing the project to
				  completion as determined by the Office.
(A)
				  Commencement of the project for purposes of this subsection shall mean that the
				  applicant has executed a written contract for completion of the project or has
				  submitted to the Office preliminary drawings and outline specifications which
				  fully comply with applicable requirements of Title 24.
(B) Diligently pursuing the project to
				  completion for purposes of this section means that the project is progressing
				  toward completion according to a reasonable time schedule and, where
				  applicable, that construction of the project has commenced in accordance with
				  the schedule submitted in the application for the
				  certificate.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 9 - Terms and Conditions › Section 90705.1 - Extensions Necessitated by Uncertainty of Government Revenue Source. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-2-78 as an emergency; effective upon filing (Register 78, No.
					 31).
2. Certificate of Compliance filed 11-29-78 (Register 78, No.
					 48).
3. 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,
						438.6
						and
						437.14,
						Health and Safety Code. Reference: Sections
						438.6
						and
						437.14,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 9 - Terms and Conditions › Section 90707 - Revocation of Certificates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90801 - Area Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each area agency shall develop an area plan in accordance with the requirements
				  of this chapter and such other statewide procedures, specifications, and format
				  as my be established by the Office.
(b) An area plan shall be for the entire
				  health planning area served by the agency.
(c) Each area agency shall establish resource
				  requirements, consistent with statewide policies, and the Plan Development
				  Guidelines which have been incorporated by reference into these regulations by
				  Section 90304.
(d) In using data and methods in accordance
				  with the Plan Development Guidelines, incorporated by reference into these
				  regulations by Section
				  90304, area agencies shall
				  consider but are not limited to the following:
(1) Current and projected civilian population
				  of the service area.
(2)
				  Utilization of existing facility health resources.
(3) Appropriate utilization levels of
				  facility health resources.
(4)
				  Optimal capacity of facility health resources.
(5) The service area for the specified types
				  of facility health resources.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90803 - Data and Methods of Area Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 9-8-77; effective thirtieth day thereafter (Register 77, No.
					 37).
2. Repealer filed 10-14-83; designated effective 10-17-83
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90807 - General Requirements for Recommended Actions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-14-78; effective thirtieth day thereafter (Register 78, No.
					 24).
2. 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
						437.6,
						437.7
						and
						437.8,
						Health and Safety Code. Reference: Sections
						437.7
						and
						437.8,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90809 - Area Agency Alternative Methods and Rates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-14-78; effective thirtieth day thereafter (Register 78, No.
					 24).
2. Repealer filed 5-22-80; effective thirtieth day thereafter
					 (Register 80, No. 21).
Note: Authority cited: Sections
						208
						and
						437.8,
						Health and Safety Code. Reference: Chapter 854, Statutes of 1976 as amended by
						Chapter 429, Statutes of 1978 and Chapter 1186, Statutes of
						1979.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90811 - Health Facility Planning Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Office shall designate health
				  facility planning areas to be used by area agencies for the planning and review
				  of facilities, services, and equipment.
(b) In designating health facility planning
				  areas, the Office shall consider at least the following factors:
(1) Size and distribution of resident and
				  transient population and demographic characteristics.
(2) Population base required to support
				  specified types of facility health resources.
(3) Natural geographic boundaries.
(4) Governmental jurisdictions.
(5) Transportation routes and travel
				  time.
(6) Trade patterns.
(7) Number and distribution of major
				  providers.
(8) Customary health
				  service delivery patterns.
(9)
				  Location of existing facilities and services.
(10) Climatic conditions that affect the use
				  of health resources.
(11) Patterns
				  of patient origin.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90813 - Inventory and Utilization Data of Health Resources. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90815 - Population to be Used in Area Planning

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Office shall annually prepare
				  population estimates and projections to be used in area plans.
(b) Population estimates and projections
				  prepared by the Office for counties shall be based on estimates provided by the
				  California Department of Finance.
1. Amendment
					 filed 9-8-77; effective thirtieth day thereafter (Register 77, No.
					 37).
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: Sections
						437.6,
						437.7
						and
						437.8,
						Health and Safety Code. Reference: Sections
						437.7
						and
						437.8,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90819 - Statewide Health Facilities and Services Plan. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90821 - Procedures for Adoption of Area Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each area agency shall conduct at least
				  one public meeting on its proposed area plan prior to its adoption. interested
				  parties shall be given the opportunity to submit their views orally at the
				  meeting and in writing before or during the meeting.
(b) At least 30 days before the meeting the
				  agency shall publish a notice of the hearing in at least two newspapers of
				  general circulation throughout the health planning area. The notice shall:
(1) Identify the time and place of the
				  meeting and the availability and location of the proposed plan for public
				  review.
(2) Be expressed in the
				  predominant languages used in the health planning area, using words of plain
				  meaning. Predominant languages shall be English and any other language used as
				  a primary language by three percent or more of the population in the health
				  planning area if a newspaper of general circulation is available which will
				  reach persons with such predominant languages.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 10 - Development of Plans › Section 90823 - Adoption of Statewide Health Facilities and Services Plan. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-23-79; effective 3-21-79 pursuant to Section
					 437.7(b),
					 Health and Safety Code, and Section
					 11422(a),
					 Government Code (Register 79, No. 13).
2. Amendment filed 4-4-80;
					 designated effective 3-28-80 pursuant to Section
					 437.7(b),
					 Health and Safety Code, and Section
					 11422(a),
					 Government Code (Register 80, No. 14).
3. 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: Section
						437.7(b),
						Health and Safety Code. 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 90901 - Criteria for Determining the Desirability of Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided in Health
				  and Safety Code Section
				  437.12,
				  the Office shall not issue a certificate of need for any project unless the
				  project is found to be desirable in accordance with this section and, for a
				  surgical clinic, Section
				  90927.
(b) Except as otherwise provided in Health
				  and Safety Code Section
				  437.12,
				  no project shall be found to be desirable unless the applicant establishes by a
				  preponderance of the evidence that the project meets all of the following:
(1) The project will fill an unmet community
				  need identified in the Statewide Health Facilities and Services Plan, if the
				  type of project is addressed in the Plan.
(2) The project will not have a substantial
				  adverse effect on the utilization of other facilities offering the same or
				  similar services or such adverse effect is outweighed by the benefits of the
				  project to the population to be served.
(3) The project will be optimally utilized
				  within a reasonable time period in a financially feasible and economically
				  efficient manner.
(4) Financial
				  resources exist to successfully complete and implement the project.
(5) The project and the facility comply with
				  applicable federal, state, and local laws and regulations.
(6) The applicant is capable of completing
				  and implementing the project.
(7)
				  As applicable there is community support for the facility and the
				  project.
(8) The project will, as
				  applicable, enhance accessibility of health services to the population to be
				  served.
(9) The project will
				  benefit the population to be served.
(10) The project will not adversely affect
				  the indigent population of the area.
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 90902 - Criteria for Projects Not Directly Related to Patient Care. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-17-83; designated effective 4-22-83 pursuant to Government Code
					 Section
					 11349.3
					 (Register 83, No. 21). For history of former section, see Registers 77, No. 37;
					 77, No. 11 and 76, No. 50.
2. Amendment of NOTE filed 10-14-83;
					 designated effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
3. Repealer filed 7-11-84; effective
					 thirtieth day thereafter (Register 84, No. 28).
Note: Authority cited: Sections
						437.6,
						437.8,
						437.9
						and
						437.15,
						Health and Safety Code. Reference: Sections
						437.8,
						437.9
						and
						437.15,
						Health and Safety Code.
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 90903 - Criteria for Comprehensive Group Practice Prepayment Health Care Service Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 9-8-77; effective thirtieth day thereafter (Register 77, No.
					 37).
2. Editorial correction of printing error (Register 83, No.
					 30).
3. Repealer filed 10-14-83; designated effective 10-17-83
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
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 90904 - Criteria for Equipment Replacement Projects Not Exempt Under Section 90607 Solely Because of Section 90607(c)(6). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-26-79; effective thirtieth day thereafter (Register 79, No.
					 17).
2. Amendment filed 10-14-83; designated effective 10-17-83
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
3. Repealer filed 7-11-84; effective
					 thirtieth day thereafter (Register 84, No. 28).
Note: Authority cited: Sections
						437.6,
						437.8
						and
						437.9,
						Health and Safety Code. Reference: Sections
						437.8
						and
						437.9,
						Health and Safety Code.
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 90905 - Criteria for Projects for Which Special Justification is Claimed. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 9-8-77; effective thirtieth day thereafter (Register 77, No.
					 37).
2. Repealer filed 10-14-83; designated effective 10-17-83
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
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 90906 - Review of Competing Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When concurrently considering similar
				  applications for certificates of need to serve substantially the same
				  geographic area and population, the Office shall approve only the application
				  or applications which most appropriately meet the needs of the area and
				  population to be served. The Office may approve or disapprove all applications
				  under consideration.
(b) The Office
				  shall seek the cooperation of the applicants in reviewing and making
				  determinations with respect to competing applications. The Office shall not
				  unreasonably delay action on an application for a certificate of need and shall
				  meet requirements of time imposed by statute and regulations unless parties to
				  all affected applications have filed written waivers of time requirements in
				  order to permit concurrent reviews and decisions. If an applicant refuses to
				  waive time limitations, the testimony of any competing applicants shall be
				  taken at the hearing.
(c) In
				  determining which application or applications most appropriately meet the needs
				  of the area and population to be served, the Office shall consider all relevant
				  factors, including but not limited to the following:
(1) Location.
(2) Travel time and transportation
				  costs.
(3) Medical feasibility of
				  utilizing the proposed facilities or services or facility beds, taking into
				  consideration the medical condition of the patients proposed to be served and
				  other relevant information.
(4)
				  Current utilization patterns.
(5)
				  All applicable review criteria.
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 90907 - Criteria for a Burn Center. [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 90909 - Criteria for Cardiovascular Surgery 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 90911 - Criteria for Chronic Dialysis Stations. [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. Amendment of subsection (a) filed
					 11-18-77; effective thirtieth day thereafter (Register 77, No.
					 47).
5. 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
						and
						437.8,
						Health and Safety Code; Chapter 854 (Statutes of 1976). Reference: 437.10(b)
						and (c), Health and Safety Code.
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 90913 - Criteria for a Computerized Tomography (CT) Scanner. [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 90915 - Criteria for Emergency Medical Service, Basic. [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.