Section 1399.74 Of Article 11. Nonprofit Plans From California Health And Safety Code >> Division 2. >> Chapter 2.2. >> Article 11.
1399.74
. (a) By July 1, 1996, the director shall adopt regulations,
on an emergency basis, that specify the application procedures and
requirements for the restructuring or conversion of nonprofit health
care service plans. This subdivision shall not be construed to limit
or otherwise restrict the director's authority to adopt regulations
under Section 1344, including, but not limited to, any additional
regulations to implement this article.
(b) Upon receiving an application to restructure or convert, the
director shall publish a notice in one or more newspapers of general
circulation in the plan's service area describing the name of the
applicant, the nature of the application, and the date of receipt of
the application. The notice shall indicate that the director will be
soliciting public comments and will hold a public hearing on the
application. The director shall require the plan to publish a written
notice concerning the application pursuant to conditions imposed by
rule or order.
(c) Any applications, reports, plans, or other documents under
this article shall be public records, subject to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and regulations adopted
by the director thereunder. The director shall provide the public
with prompt and reasonable access to public records relating to the
restructuring and conversion of health care service plans. Access to
public records covered by this section shall be made available no
later than one month prior to any solicitation for public comments or
public hearing scheduled pursuant to this article.
(d) Prior to approving any conversion or restructuring, the
director shall solicit public comments in written form and shall hold
at least one public hearing concerning the plan's proposal to comply
with the set- aside and other conditions required under this
article.
(e) The director may disapprove any application to restructure or
convert if the application does not meet the requirements of this
chapter or of the Nonprofit Corporation Law (Div. 2 (commencing with
Sec. 5000), Title 1, Corp. C.), including any requirements imposed by
rule or order of the director.