2005 California Health and Safety Code Sections 100150-100236 Article 1. General Provisions

100150.  The State Department of Health Services succeeds to and is
vested with all the duties, powers, purposes, responsibilities, and
jurisdiction of the State Department of Health as they relate to
public health, licensing and certification of health facilities,
except community care facility licensing to which the State
Department of Social Services succeeds, and any other functions
performed by the Division of Public Health of the State Department of
Health on July 1, 1978, unless the function is transferred to a
different state agency or department as a result of another provision
of the statutes of the 1977-78 Regular Session of the Legislature
amending this section.
   "State department," "department," or "State Department of Health"
as used in this code, except in Article 7.5 (commencing with Section
416) of Chapter 2 of Part 1 of Division 1 or as otherwise specified
in this code, means the State Department of Health Services.
   The Office of Statewide Health Planning and Development shall
assume the functions and responsibilities of the Facilities
Construction Unit of the former State Department of Health,
including, but not limited to, those functions and responsibilities
performed pursuant to the following provisions of law:  Sections
13113 and 127050; Article 1 (commencing with Section 129000) of
Chapter 1 of, and Chapter 2 (commencing with Section 129375) of, Part
6 of, and Part 7 (commencing with Section 129675) of, Division 107.
100155.  The department may use the unexpended balance of funds
available for use in connection with the performance of the functions
of the State Department of Health to which the department has
succeeded pursuant to Section 100150.
100160.  All officers and employees of the State Department of
Health heretofore performing any duty, power, purpose,
responsibility, or jurisdiction to which the department has
succeeded, who, on July 1, 1978, are serving in the state civil
service, other than as temporary employees, and engaged in the
performance of a function vested in the department by Section 100150
shall be transferred to the department.  The status, positions, and
rights of these persons shall not be affected by the transfer and
shall be retained by them as officers and employees of the
department, pursuant to the State Civil Service Act except as to
positions exempted from civil service.
100165.  The department shall have possession and control of all
records, papers, officers, equipment, supplies, moneys, funds,
appropriations, land or other property, real or personal, held for
the benefit or use of any state agency whose functions are vested in
the department by Section 100150.
100170.  The department may commence and maintain all proper and
necessary actions and proceedings for any or all of the following
purposes:
   (a) To enforce its regulations.
   (b) To enjoin and abate nuisances dangerous to health.
   (c) To compel the performance of any act specifically enjoined
upon any person, officer, or board, by any law of this state relating
to the public health.
   (d) To protect and preserve the public health.
   It may defend all actions and proceedings involving its powers and
duties.  In all actions and proceedings it shall sue and be sued
under the name of the department.
100171.  Notwithstanding any other provision of law, whenever the
department is authorized or required by statute, regulation, due
process (14th amendment, United States Constitution; subdivision (a)
of Section 7 of Article I, California Constitution), or a contract,
to conduct an adjudicative hearing leading to a final decision of the
director or the department, the following shall apply:
   (a) The proceeding shall be conducted pursuant to the
administrative adjudication provisions of Chapter 4.5 (commencing
with Section 11400) and Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, except as
specified in this section.
   (b) Notwithstanding Section 11502 of the Government Code, whenever
the department conducts a hearing under Chapter 4.5 (commencing with
Section 11400) or Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, the hearing shall
be conducted before an administrative law judge selected by the
department and assigned to a hearing office that complies with the
procedural requirements of Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) (1) Notwithstanding Section 11508 of the Government Code,
whenever the department conducts a hearing under Chapter 4.5
(commencing with Section 11400) or Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
the time and place of the hearing shall be determined by the staff
assigned to the hearing office of the department, except as provided
in paragraph (2) or unless the department by regulation specifies
otherwise.
   (2) Formal hearings requested by institutional Medi-Cal providers
and health facilities shall be held in Sacramento.
   (d) (1) Unless otherwise specified in this section, the following
sections of the Government Code shall apply to any adjudicative
hearing conducted by the department only if the department has not,
by regulation, specified an alternative procedure for the particular
type of hearing at issue:  Section 11503 (relating to accusations),
Section 11504 (relating to statements of issues), Section 11505
(relating to the contents of the statement to respondent), Section
11506 (relating to the notice of defense), Section 11507.6 (relating
to discovery rights and procedures), Section 11508 (relating to the
time and place of hearings), and Section 11516 (relating to amendment
of accusations).
   (2) Any alternative procedure specified by the department in
accordance with this subdivision shall conform to the purpose of the
Government Code provision it replaces insofar as it is possible to do
so consistent with the specific procedural requirements applicable
to the type of hearing at issue.
   (3) Any alternative procedures adopted by the department under
this subdivision shall not diminish the amount of notice given of the
issues to be heard by the department or deprive appellants of the
right to discovery suitable to the particular proceedings. Except as
specified in paragraph (2) of subdivision (c), modifications of
timeframes or of the place of hearing made by regulation may not
lengthen timeframes within which the department is required to act
nor require hearings to be held at a greater distance from the
appellant's place of residence or business than is the case under the
otherwise applicable Government Code provision.
   (e) The specific timelines specified in Section 11517 of the
Government Code shall not apply to any adjudicative hearing conducted
by the department to the extent that the department has, by
regulation, specified different timelines for the particular type of
hearing at issue.
   (f) In the case of any adjudicative hearing conducted by the
department, "transcript," as used in subdivision (c) of Section 11517
of the Government Code, shall be deemed to include any alternative
form of recordation of the oral proceedings, including, but not
limited to, an audiotape.
   (g) Pursuant to Section 11415.50 of the Government Code, the
department may, by regulation, provide for any appropriate informal
procedure to be used for an informal level of review that does not
itself lead to a final decision of the department or the director.
The procedures specified in Article 10 (commencing with Section
11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the
Government Code shall not apply to any such an informal level of
review.  Informal conferences concerning appeals by institutional
Medi-Cal providers and health facilities may be held in Sacramento or
Los Angeles.
   (h) Notwithstanding any other provision of law, any adjudicative
hearing conducted by the department that is conducted pursuant to a
federal statutory or regulatory requirement that contains specific
procedures may be conducted pursuant to those procedures to the
extent they are inconsistent with the procedures specified in this
section.
   (i) Nothing in this section shall apply to a fair hearing
involving a Medi-Cal beneficiary insofar as the hearing is, by
agreement or otherwise, heard before an administrative law judge
employed by the State Department of Social Services, or insofar as
the hearing is being held pursuant to Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code in connection with
services provided by the State Department of Developmental Services
under applicable federal medicaid waivers.  Nothing in this
subdivision shall be interpreted as abrogating the authority of the
State Department of Health Services as the single state agency under
the state medicaid plan.
   (j) Nothing in this provision shall supersede express provisions
of law that apply to any hearing that is not adjudicative in nature
or that does not involve due process rights specific to an individual
or specific individuals, as opposed to the general public or a
segment of the general public.
100175.  The department may abate public nuisances.
100180.  The department may advise all local health authorities,
and, when in its judgment the public health is menaced, it shall
control and regulate their action.
100182.  Every person charged with the performance of any duty under
the laws of this state relating to the preservation of the public
health, who willfully neglects or refuses to perform the same, is
guilty of a misdemeanor.
100185.  (a) The department may perform any of the following
activities relating to the protection, preservation, and advancement
of public health:
   (1) Studies.
   (2) Demonstrations of innovative methods.
   (3) Evaluations of existing projects.
   (4) Provision of training programs.
   (5) Dissemination of information.
   (b) In performing an activity specified in subdivision (a), the
department may do any of the following:
   (1) Perform the activity directly.
   (2) Enter into contracts, cooperative agreements, or other
agreements for the performance of the activity.
   (3) Apply for and receive grants for the performance of the
activity.
   (4) Award grants for the performance of the activity.
100185.5.  (a) When a letter or order of denial of continued
enrollment or suspension of any type or duration, based upon fraud or
abuse, or a withholding of payments, based upon reliable evidence of
fraud or willful misrepresentation, is issued by the department to a
provider, the director shall review the evidence supporting the
denial of continued enrollment, suspension, or withholding of
payments.  If, in the opinion of the director, the evidence shows a
pattern or practice of fraud, abuse, or willful misrepresentation
that, if replicated in any other health care program administered by
the department, could cause either fiscal loss to the state or harm
to any participant, the director may deny continued enrollment,
suspend, or withhold payments to, the provider with respect to those
other health care programs.  Any denial of continued enrollment,
suspension, or withholding of payments may be for an indefinite or
definite period of time, may be stayed for a period of time, and may
be with or without conditions or probation.
   (b) The director may deny the application of an applicant or
provider to participate in any health care program administered by
the department, when, based upon fraud or abuse, the applicant or
provider has been denied continued enrollment in, or suspended from,
any health care program administered by the department, or has had
payments withheld based upon reliable evidence of fraud or willful
misrepresentation in connection with any health care program
administered by the department, and remains ineligible to participate
in the health care program from which the applicant or provider was
denied continued enrollment, suspended, or had payments withheld.
   (c) The director may deny any new or additional application of a
provider to participate in any health care program administered by
the department if utilization controls including, but not limited to,
prior authorization or special claims review pursuant to Sections
51159, 51455, and 51460 of Title 22 of the California Code of
Regulations have been imposed upon that provider by any health care
program administered by the department.  Applications shall not be
denied based solely upon utilization controls imposed upon an entire
class or category of providers to which that provider belongs.
   (d) Notwithstanding any other provision of law, any provider or
applicant who has been denied continued enrollment in, or suspended
from, or who has had payments withheld in connection with, any health
care program administered by the department, or whose application to
participate in a health care program administered by the department
is denied, pursuant to this section, may appeal that action in
accordance with Section 14043.65 of the Welfare and Institutions
Code.
   (e) For purposes of this section, the following definitions apply:
   (1) "Abuse" has the same meaning as that term is defined in
Section 14043.1 of the Welfare and Institutions Code.
   (2) "Administered by the department" means administered by the
State Department of Health Services or by its agents or contractors
on behalf of the State Department of Health Services.
   (3) "Applicant" means any person, individual, partnership, group,
association, corporation, institution, or entity, and the officers,
directors, owners, managing employees, or agents thereof, that
applies to the department for enrollment as a provider or
participation as a provider in a health care program administered by
the department.
   (4) "Fraud" has the same meaning as that term is defined in
Section 14043.1 of the Welfare and Institutions Code.
   (5) "Provider" means any person, individual, partnership, group,
association, corporation, institution, or entity, and the officers,
directors, owners, managing employees, or agents thereof, that
provides services, goods, supplies, or merchandise, directly or
indirectly, to a person enrolled in a health care program
administered by the department.
   (6) "Withholding of payments" means the withholding of payments in
accordance with Section 14107.11 of the Welfare and Institutions
Code.
   (f) For purposes of this section, "suspension" includes, but is
not limited to, suspensions authorized under Article 1.3 (commencing
with Section 14043) or Article 3 (commencing with Section 14123) of
Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code.
   (g) For purposes of this section, "health care program
administered by the department" includes, but is not limited to, the
Medi-Cal program.
100190.  The department may provide for consultant and advisory
services and for the training of technical and professional personnel
in educational institutions and field training centers approved by
the department, and for the establishment and maintenance of field
training centers in local health departments and in the department.
100195.  The department shall cause special investigation of the
preparation and sale of drugs and food and their adulteration.
100200.  The department shall perform duties as required by law for
the detection and prevention of the adulteration of articles used for
food and drink, and for the punishment of persons guilty of
violation of any law providing against their adulteration.
100205.  The department shall examine and may prevent the pollution
of sources of public domestic water and ice supply.
100210.  The department shall maintain a program of Drinking Water
and Environmental Management.
100215.  The department may maintain a mental health service that
shall advise and assist local departments of health and education in
the establishment of mental health services, particularly in
connection with maternal and child health conferences and in the
schools of the state.
   The department may conduct these activities as may be required in
the development of mental health services as related to public
health.
   This section does not authorize any form of compulsory medical or
physical examination, treatment, or control of any person.
100220.  With the approval of the Department of Finance, and for use
in the furtherance of the work of the department, the director may
accept (a) grants of interest in real property, and (b) gifts of
money from public agencies or from organizations or associations
organized for scientific, educational, or charitable purposes.
100225.  The department shall enforce Section 383b of the Penal
Code.
100230.  (a) Any person who willfully sells, keeps for sale, or
offers for sale any food, drug, device, or cosmetic  knowing, after a
written notice from either (1) a manufacturer, wholesaler,
distributor, or importer, or (2) the department or a local health
officer that the product linked to an outbreak of illness, injury, or
product tampering is being ordered removed from sale by the
department pursuant to Section 100180, shall, upon conviction, be
punished by a fine of not less than two thousand dollars ($2,000) nor
more than ten thousand dollars ($10,000) for each day of violation,
or by imprisonment in the county jail for not more than one year, or
by both a fine and imprisonment.
   (b) If a second or subsequent violation is committed after a
previous conviction under this section has become final, the person
shall be punished by a fine of not less than five thousand dollars
($5,000) nor more than twenty-five thousand dollars ($25,000) for
each day of violation, or by imprisonment in the state prison, or by
both a fine and imprisonment.
   (c) Notwithstanding any other provision of law, the court may
suspend the minimum fines provided for in this section if it
determines that there are circumstances in mitigation and the court
states on the record its reasons for suspending the minimum fine.
100235.  Whenever any person violates any provision of Section
100230, the court may, as a condition of probation, order the
defendant to pay, in lieu of any fine, any expenses, both direct and
indirect, incurred by a local health department or the department in
monitoring compliance with the order pursuant to Section 100180,
including, but not limited to, the costs of conducting inspections
and imposing embargoes.  The total costs payable to the department
and local health departments collectively imposed pursuant to this
section shall not exceed the maximum fine for the offense of which
the defendant is convicted.
   Any amount collected under this section shall be paid to the local
health department incurring the expenses or, if to reimburse costs
of the department, into the General Fund.
100236.  (a) Within 60 days of enactment of the Budget Act, the
department shall advance to a local health department 25 percent of
the annual General Fund allocation, subvention, or reimbursement
required by a local health department for the delivery of services
specified in subdivision (b).  In determining the dollar amount of
the 25 percent allocation, subvention, or reimbursement, the
department shall use the local health department's prior year's or
the most recently completed fiscal year's allocation.
   (b) Subdivision (a) shall apply to the following health programs
and General Fund funding sources:
   (1) Funding for administration for the California Children's
Services Program (Article 5 (commencing with Section 123800) of
Chapter 3 of Part 2 of Division 106).
   (2) Funding for medical therapy for the California Children's
Services Program (Article 5 (commencing with Section 123800) of
Chapter 3 of Part 2 of Division 106).
   (3) Funding for administration for the Child Health and Disability
Prevention Program (Article 6 (commencing with Section 124025) of
Chapter 3 of Part 2 of Division 106).
   (4) Funding for HIV education and prevention services under
Section 100119.
   (c) This section shall not apply to a local health department that
is three or more quarters in arrears in billing the state for the
programs specified in subdivision (b).
   (d) For purposes of this section, "local health department" has
the same meaning as that set forth in Section 101185.