Section 1778 Of Article 1. General Provisions From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 1.
1778
. (a) There is hereby created in the State Treasury a fund
which shall be known as the Continuing Care Provider Fee Fund. The
fund shall consist of fees received by the department pursuant to
this chapter. Notwithstanding Section 13340 of the Government Code,
the Continuing Care Provider Fee Fund is hereby continuously
appropriated to the department, without regard to fiscal years.
(b) Use of the funds appropriated pursuant to this section shall
include funding of the following:
(1) Program personnel salary costs, to include but not be limited
to: Continuing Care Contracts Program Manager at a level consistent
with other management classifications that direct a regulatory
program with statewide impact requiring skills and knowledge at the
highest level with responsibility for work of the most critical or
sensitive nature as it relates to the department's mission, including
protecting vulnerable elderly persons, supervising technical staff
with oversight of highly complex operations and responsibility for
policy and program evaluation and recommendations; full-time legal
counsel with a working knowledge of all laws relating to the
regulation of continuing care retirement communities and residential
care facilities for the elderly; financial analyst with working
knowledge of generally accepted accounting principles and auditing
standards; and other appropriate analytical and technical support
positions.
(2) Contracts with technically qualified persons, to include but
not be limited to financial, actuarial, and marketing consultants, as
necessary to provide advice regarding the feasibility or viability
of continuing care retirement communities and providers.
(3) Other program costs or costs directly supporting program
staff.
(4) The department shall use no more than 5 percent of the fees
collected pursuant to this section for overhead costs, including
facilities operation, and indirect department and division costs.
(c) If the balance in the Continuing Care Provider Fee Fund is
projected to exceed five hundred thousand dollars ($500,000) for the
next budget year, the department shall adjust the calculations for
the application fees under Section 1779.2 and annual fees under
Section 1791 to reduce the amounts collected.
(d) The intent of the Legislature is to empower the program
administrator with the ability and authorization to obtain necessary
resources or staffing to carry out the program objectives.