Section 129230 Of Article 6. Community Mental Health Facilities Loan Insurance From California Health And Safety Code >> Division 107. >> Part 6. >> Chapter 1. >> Article 6.
129230
. It is the intent of the Legislature in enacting this
article to encourage the development of facilities for
community-based programs that assist mental health clients living in
any institutional setting, including state and local inpatient
hospitals, skilled nursing homes, intermediate care facilities, and
community care facilities to move to more independent living
arrangements. It is further the intent of the Legislature to
encourage local programs to seek funding for facility development
from private sources and with the assistance provided pursuant to
this chapter.
To achieve this purpose in determining eligibility for loan
insurance pursuant to this chapter, the following special provisions
apply to facilities approved in the local mental health program and
meeting the intentions of this article:
(a) Facilities shall not require approval pursuant to Section
129295 by the statewide system of health facility planning, the area
health planning agency, or the Health Advisory Council, for the
issuance of loan insurance, unless specifically required for the
facilities by the facility category of licensure.
(b) Notwithstanding subdivision (i) of Section 129050, any loan of
under three hundred thousand dollars ($300,000) for a nonprofit
corporation as well as a political subdivision may be fully insured
equal to the total construction cost, except a loan to any
proprietary corporation that is insured pursuant to subdivision (d)
of this section.
(c) The local mental health program may provide all application
fees, inspection fees, premiums and other administrative payments
required by this chapter, except with respect to any loan to a
proprietary corporation that is insured pursuant to subdivision (d)
of this section.
(d) The borrower may be a proprietary corporation, provided that
the facility is leased to the local mental health program for the
duration of the insurance agreement. In these instances, all
provisions in this chapter and this article that apply to a nonprofit
corporation shall apply to the proprietary corporation, except as
provided in subdivisions (b) and (c) of this section.
(e) For the purposes of this article, subdivision (c) of Section
129010 shall include the purchase of existing buildings.
(f) Facilities shall not require approval pursuant to Section
129020 by the statewide system of health facility planning, the area
health planning agency, or the Health Advisory Council, for the
issuance of loan insurance, until the director of the office
determines that the state plan developed pursuant to Section 129020
adequately and comprehensively addresses the need for community
mental health facilities and that finding is reported to the
appropriate policy committees of the Legislature.