Section 127155 Of Chapter 1. Health Planning From California Health And Safety Code >> Division 107. >> Part 2. >> Chapter 1.
127155
. The Advisory Health Council shall evaluate and shall
designate annually no more than one area health planning agency for
any area of the state designated by the council. An area health
planning agency shall be incorporated as a nonprofit corporation and
controlled by a board of directors consisting of a majority
representing the public and local government as consumers of health
services with the balance being broadly representative of the
providers of health services and the health professions, or
alternatively be a health systems agency established pursuant to
Public Law 93-641. The functions of area health planning agencies are
all of the following:
(a) To review information on utilization of hospitals and related
health facilities.
(b) To develop area plans to be used for the determination of
community need and desirability of projects specified in Section
127170, consistent with the regulations adopted by the office
pursuant to Section 127160. Each plan shall become effective upon a
determination by the council that the plan is in conformance with
regulations adopted pursuant to Section 127160. The council shall
integrate all area plans into a single Statewide Health Facilities
and Services Plan that shall become effective upon formal adoption by
the council.
(c) To conduct public meetings where providers of health care and
consumers will be encouraged to participate.
(d) Area health planning agencies shall comply with all of the
following requirements:
(1) The governing body of the agency shall, to the extent
feasible, be composed of individuals representative of the major
social, economic, linguistic, and racial populations, and geographic
areas, within the area served by the agency.
(2) The agency shall hold public meetings and hearings only after
reasonable public notice. This notice shall, to the extent feasible,
be publicized directly to those who, as determined by the director,
are medically underserved and are in other ways denied equal access
to good medical care.
(3) The agency shall file with the Advisory Health Council an
affirmative action employment plan approved by the office.
Area health planning agencies may divide their areas into local
areas for purposes of more effective health facility planning, with
the approval of the Advisory Health Council. These local areas shall
be of a geographic size and contain adequate population to ensure a
broad base for planning decisions. Each local area shall contain a
local health planning agency that shall meet the requirements of this
section.
An organization that meets the requirements of this section may
make application to its area health planning agency for designation
as a local health planning agency for a designated area. Within 45
days after a complete application for designation has been received,
the area agency shall reach a decision concerning the application.
Each area health planning agency existing on the operative date of
amendments to this section enacted during the 1976 portion of the
1975-76 Regular Session of the Legislature shall continue to function
as an area planning agency pursuant to this chapter, until one or
more designated health systems agencies are fully operational, as
determined by the Advisory Health Council in the area served, or
formerly served, by the respective area health planning agency.
If the Advisory Health Council determines that an area health
planning agency approved under this section is dissolved or unable to
carry out the functions required by this chapter, the office shall
fulfill the responsibilities of an area health planning agency
pursuant to this chapter in the area until another area health
planning agency is designated by the Advisory Health Council for the
area and becomes fully operational.
Adoption of regulations setting forth administrative procedures
for area and local area health planning agencies shall be made by the
office pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.