Code Section Group

Health and Safety Code - HSC

DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997]

  ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. )

PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922]

  ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. )

CHAPTER 1. Organization of the Department [100100 - 100140]
  ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

100100.
  

There is in the state government in the California Health and Human Services Agency, a State Department of Health Services which, effective July 1, 2007, is hereby renamed the State Department of Health Care Services. Commencing July 1, 2007, any reference in this chapter, in Chapter 1.5 (commencing with Section 100145), or in Article 1 (commencing with Section 100150) of Chapter 2 to the State Department of Health Services is deemed to, instead, refer to the State Department of Health Care Services with regard to functions not transferred to the State Department of Public Health. Commencing July 1, 2007, all the duties, powers, purposes, responsibilities, and jurisdiction of the former State Department of Health Services not vested in the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050) of Part 1 of Division 112, shall be retained by, and thereafter be performed by, the renamed State Department of Health Care Services.

(Amended by Stats. 2006, Ch. 241, Sec. 13. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)

100105.
  

(a) The department is under the control of an executive officer known as the Director of Health Care Services, who shall be appointed by the Governor, subject to confirmation by the Senate, and hold office at the pleasure of the Governor.

(b) The director shall receive the annual salary provided by Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.

(c) Upon recommendation of the director, the Governor may appoint not to exceed two chief deputies of the department, subject to confirmation by the Senate, who shall hold office at the pleasure of the Governor. The salaries of the chief deputies shall be fixed in accordance with law.

(Amended by Stats. 2007, Ch. 483, Sec. 19.5. Effective January 1, 2008.)

100110.
  

The director shall have the powers of a head of the department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.

(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

100115.
  

There is in the department a Division of Rural Health. The division shall administer Chapter 3 (commencing with Section 124550) and Chapter 4 (commencing with Section 124575) of Part 4 of Division 106, Section 101300, and Article 1 (commencing with Section 124600) of Chapter 5 of Part 4 of Division 106.

(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

100120.
  

All officers or employees of the department employed after July 1, 1978, shall be appointed by the director.

(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

100125.
  

Notwithstanding any other provision of state law, the department shall develop a proposal for consolidation of various programs affecting the health of mothers and children. The department, in developing the proposal, shall consult with the State Maternal Child and Adolescent Health Board, the California Conference of Local Health Officers, the California State Association of Counties, the Primary Care Clinic Advisory Committee, and other organizations interested in health services for women and children, as determined by the department, that shall assist it in identifying waivers of state and federal requirements that would be necessary to implement the proposal. The proposal shall consider administrative cost savings that may result from this consolidation. The department shall obtain waivers from state and federal requirements that the department determines are necessary to make the proposal viable. Any problem in obtaining the waivers shall be reported to the Legislature with the proposals. The department shall submit its proposal to the Legislature on or before January 1, 1984. Programs may include, but need not be limited to, the following:

(a)  California Children’s Services.

(b)  WIC—Special Supplemental Food.

(c)  Child Health and Disability Prevention.

(d)  California Immunization Assistance Program.

(e)  Children and Youth Project.

(f)  Dental Disease Prevention.

(g)  Rural Health.

(h)  Indian Health.

(i)  Pediatric Renal Failure Centers.

(j)  Prepaid Health Plans.

(k)  Family Planning.

( l)  Infant Medical Dispatch Centers Program.

(m)  Childhood Lead Program.

(n)  Tuberculosis Control Program.

(o)  Venereal Disease.

(p)  SSI Disabled Children’s Program.

(q)  Other maternal and child health programs, including, but not limited to, the following:

(1)  Sickle Cell.

(2)  Prenatal Testing.

(3)  Tay Sachs.

(4)  Huntington’s Disease.

(5)  Prenatal Access.

(6)  High Risk Followup.

(7)  O.B. Access.

(8)  Perinatal Health Clinics.

(9)  Primary Care Clinics.

(10)  Maternal and Child Health Grants.

Consolidation may include combining two or more specialized programs or the development of a single planning, evaluation, budgeting and reporting process for two or more programs that share a common target population. The department may submit more than one proposal for consolidation if two or more groupings of programs merit consolidation.

Each proposal shall be developed after a review by the department of consolidation efforts proposed or developed by the counties. In the design of the proposal, the department shall consider how state level plans may assist further development of these local efforts.

The department shall consult with the Department of Finance to develop a simplified budget and reporting format for programs that are recommended for consolidation.

The Department of Finance shall make modifications in the California Fiscal Information System as it deems necessary to accommodate the proposed program consolidation.

The office shall consult with the department with respect to the implementation of this section. The office shall incorporate recommendations for the consolidation of maternal, child, and adolescent health services in applicable policy plans adopted after January 1, 1983.

(Amended by Stats. 1996, Ch. 1023, Sec. 301.1. Effective September 29, 1996.)

100130.
  

Each state level consolidation proposal shall include plans for the development of the following:

(a)  Common eligibility standards for programs included within the consolidated proposal, or, if federal law requires different eligibility standards for these programs, a common method for determining eligibility.

(b)  A single form for the collection of necessary data from individuals, or a uniform format shared by all programs included in the consolidated proposal.

(c)  A single form for reporting service delivery to the state.

(d)  Shared plans, budgets, and fiscal accountability mechanisms, including audit procedures.

(e)  Common intake points for services included in the consolidated system, that include eligibility determination, referral services, and follow through.

(f)  A unified case management system.

(g)  A method of determining the needs of, and developing services for, special populations.

(h)  Implementation plans that propose solutions to any identified significant barriers or gaps in service.

(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

100135.
  

The director may seek and grant waivers that the department determines are reasonably necessary for the implementation of the department’s proposed consolidations.

(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

100140.
  

It is the intent of the Legislature that the duties and responsibilities provided for in Sections 100125 and 100130 be accomplished by utilizing existing staff resources, and that no additional funding be provided other than that appropriated by the Legislature in the annual Budget Act.

(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

HSCHealth and Safety Code - HSC