Chapter 7.3. Licensing And Certification Program Funding of California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 7.3.
This chapter applies to all programs, facilities, or
services certified pursuant to Chapter 7 (commencing with Section
11830) or licensed pursuant to Chapter 7.5 (commencing with Section
11834.01), or both.
(a) The department shall charge a fee to all programs for
licensure or certification by the department, regardless of the form
of organization or ownership of the program.
(b) The department may establish fee scales using different
capacity levels, categories based on measures other than program
capacity, or any other category or classification that the department
deems necessary or convenient to maintain an effective and equitable
(c) Licensing and certification fees shall be evaluated annually,
taking into consideration the overall cost of the residential and
outpatient licensing and certification activities of the department,
including initial issuance, renewals, complaints, enforcement
activity, related litigation, and any other program activity relating
to licensure and certification, plus a reasonable reserve.
(d) The department shall submit any proposed new fees or fee
changes to the Legislature for approval no later than April 1 of each
year as part of the spring finance letter process. No new fees or
fee changes shall be implemented without legislative approval.
(e) The department shall issue a provider bulletin pursuant to
subdivision (a) of Section 11833.04 setting forth the approved fee
structure. The department shall, on an annual basis, publish the
current fee structure on the department's Internet Web site.
(f) Unless funds are specifically appropriated from the General
Fund in the annual Budget Act or other legislation to support the
division, the Licensing and Certification Division, no later than the
beginning of the 2010-11 fiscal year, shall be supported entirely by
federal funds and special funds.
The Residential and Outpatient Program Licensing Fund is
hereby established in the State Treasury. All fees, fines, and
penalties collected from residential and outpatient programs
collected in accordance with this chapter shall be deposited in this
fund. The money in the fund shall be available upon appropriation by
the Legislature for the purposes of supporting the licensing and
certification activities of the department.
(a) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement new fees or fee changes as approved by the
Legislature pursuant to subdivision (d) of Section 11833.02 by means
of provider bulletins or similar instructions from the director
without taking regulatory action. The department shall notify and
consult with interested parties and appropriate stakeholders
regarding new fees or fee changes made pursuant to this chapter.
(b) (1) The department shall adopt regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code by January 1, 2016, to amend
Section 10701 of Title 9 of Division 4 of Chapter 5.5 of the
California Code of Regulations to be consistent with this chapter.
(2) The authority to implement Section 11833.02 and this section
shall include the authority to supersede the licensing and
certification fees in effect on the operative date of the act that
adds this paragraph and shall continue until the department has
amended Section 10701 of Title 9 of Division 4 of Chapter 5.5 of the
California Code of Regulations pursuant to paragraph (1).