Section 1250.7 Of Article 1. General From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 1.
1250.7
. (a) (1) With respect to each hospital designated by the
department as a critical access hospital, and certified as such by
the Secretary of the United States Department of Health and Human
Services under the federal Medicare Rural Hospital Flexibility
Program, the department may develop criteria to waive any
requirements of Division 5 (commencing with Section 70001) of Title
22 of the California Code of Regulations that are in conflict with
the federal requirements for designation in the federal program, if
the department finds that it is in the public interest to do so, and
the department determines that the waiver would not negatively affect
the quality of patient care.
(2) The criteria established pursuant to this subdivision shall
not be considered regulations within the meaning of Section 11342 of
the Government Code, and shall not be subject to adoption as
regulations pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Nothing in this section shall be construed to mean that a
critical access hospital is not a general acute care hospital. Every
hospital designated by the department as a critical access hospital
and certified as such by the United States Department of Health and
Human Services shall be deemed to be a general acute care hospital,
as defined in subdivision (a) of Section 1250, even if the department
waives regulatory requirements otherwise applicable to general acute
care hospitals pursuant to this section.