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 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490]

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

CHAPTER 3. State Aid for Local Health Administration [101175 - 101319]

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

ARTICLE 5. Local Public Health Service Contract Options [101300 - 101310]
  ( Article 5 added by Stats. 1995, Ch. 415, Sec. 3. )

101300.
  

(a)  (1)  The board of supervisors of a county with a population of less than 50,000 may enter into a contract with the department and the department may enter into a contract with that county to organize and operate a local public health service in that county.

(2)  The department may conduct the local public health service either directly, or by contract with other agencies, or by some combination of these methods as agreed upon by the department and the board of supervisors of the county concerned.

(3)  The board of supervisors may create a county board of public health or similar local advisory group.

(b)  Any county proposing to contract with the department pursuant to this section in the 1992–93 fiscal year and each fiscal year thereafter shall submit to the department a notice of intent to contract adopted by the board of supervisors no later than March 1 of the fiscal year preceding the fiscal year for which the agreement will be in effect in accordance with procedures established by the department. A county may withdraw this notice no later than May 1 of the fiscal year preceding the fiscal year for which the agreement will be in effect in accordance with procedures established by the department. If a county fails to withdraw its notice by this date, it shall be responsible for any and all necessary costs incurred by the department in providing or preparing to provide public health services in that county.

(c)  A county contracting with the department pursuant to this section shall not be relieved of its public health care obligation under Section 101025.

(d)  (1)  Any county contracting with the department pursuant to this section shall pay, by the 15th of each month, the agreed contract amount.

(2)  If a county does not make the agreed monthly payment, the department may terminate the county’s participation in the program.

(e)  The counties and the department shall work collectively to ensure that expenditures do not exceed the funds available for the program in any fiscal year.

(f)  The Legislature hereby determines that an expedited contract process for contracts under this section is necessary. Contracts under this section shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.

(g)  The state shall not incur any liability except as specified in this section.

(Amended by Stats. 1998, Ch. 310, Sec. 18. Effective August 19, 1998.)

101305.
  

Any counties that were eligible for organization and operation of local public health services by the department pursuant to former Section 1157, as amended by Section 130 of Chapter 429 of the Statutes of 1978, as of January 1, 1988, shall continue to be eligible, notwithstanding an increase in total population beyond the 50,000 population limit of that section.

(Amended by Stats. 1998, Ch. 310, Sec. 19. Effective August 19, 1998.)

101307.
  

(a)  Counties contracting with the department pursuant to Section 101300 may enter into a contract with the department whereby the department’s program that administers the Section 101300 contract agrees to assume responsibility for some or all of the administrative activities for some or all of the public health categorical programs of that county listed in subdivision (g). The responsibility for the provision of services under those programs shall remain with the county board of supervisors.

(b)  For the purposes of this section, “public health categorical programs” means a public health program that is funded by federal or state allocation supported by specific legislation or regulations, and that is identified by the department to be implemented by local jurisdictions.

(c)  Administrative costs, associated with the administration of those contracts between the department and the counties pursuant to this section, shall be capped at the maximum allowable under each of the public health categorical programs.

(d)  Each county intending to contract with the department for the fiscal year commencing July 1, 1994, shall submit to the department a notice of intent to contract adopted by the board of supervisors within 60 days of the effective date of this section. For each fiscal year thereafter, a notice of intent to contract adopted by the board of supervisors shall be submitted no later than August 1 of the fiscal year preceding the fiscal year for which the agreement will be in effect, in accordance with procedures established by the department. A county may withdraw this notice no later than September 15 of the fiscal year preceding the fiscal year for which the agreement will be in effect in accordance with procedures established by the department. If a county fails to withdraw its notice by this date, it shall be responsible for any and all necessary costs incurred by the department in providing or preparing to provide public health services in that county pursuant to this section.

(e)  As a condition of contracting with the department, the department may establish uniform standards, forms, and procedures for conducting the administrative activities for those categorical programs.

(f)  Any county that elects to contract with the department pursuant to this section shall, after receipt of program funds, pay by the 15th of each month, the agreed-upon contract amount for reimbursement for departmental costs of administration services. If a county does not make the agreed monthly payment, the department may after 60 days’ written notice to the county terminate the services provided by the department pursuant to this section.

(g)  The programs that may be subject to this section include, but are not limited to, all of the following:

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

(A)  California Children’s Services, Article 5 (commencing with Section 123800) of Chapter 3 of Part 2.

(B)  Child Health and Disability Prevention Program, Article 6 (commencing with Section 124025) of Chapter 3 of Part 2.

(C)  Perinatal Health Care, Article 4 (commencing with Section 123550) of Chapter 2 of Part 2.

(2)  The California Aids Program, Chapter 2 (commencing with Section 120800) of Part 4 of Division 105.

(3)  Tobacco Use Prevention, Article 1 (commencing with Section 104350) of Chapter 1 of Part 3 of Division 103.

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

101310.
  

In the event a health emergency is declared by the board of supervisors in a county, or in the event a county health emergency is declared by the county health officer pursuant to Section 101080, the local health officer shall have supervision and control over all environmental health and sanitation programs and personnel employed by the county during the state of emergency.

(Amended by Stats. 1996, Ch. 1023, Sec. 302.7. Effective September 29, 1996.)

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