SECTIONS 125500-125545 - California Statutes

HEALTH AND SAFETY CODE

SECTION 125500-125545

125500. (a) Up to four regional dialysis centers with up to two in
the northern and up to two in the southern part of the state, shall
be established for the treatment of persons suffering from chronic
uremia. Each center shall be located in a metropolitan area and shall
have an affiliation with a large hospital or medical school, but
shall not be necessarily a physical part of the institution. These
institutions, however, shall be able to provide a full range of
medical, surgical and rehabilitation services. The department shall
only act as a granting agency for state funds that are appropriated
for the establishment and the continuation of the four centers. The
department, upon the advice of the review committee that is provided
for by Section 125515, may contract with any hospital or medical care
institution for the administration and operation of one of the
regional dialysis centers. It is not the intent of this section that
any new hospital or medical school be established.
(b) Any moneys appropriated by Chapter 1416 of the Statutes of
1972 may be used either in existing dialysis and kidney
transplantation programs for children or to establish new programs
for such purposes. Any new or existing dialysis center funded
pursuant to this subdivision shall provide for children the same
center dialysis, home dialysis, and outpatient clinic services as are
provided under Section 125530. Any new center funded pursuant to
this subdivision shall be designated as a pediatric renal failure
center. Funds granted for aid to children under this subdivision
shall be based upon need as determined by the Renal Dialysis Review
Committee established pursuant to Section 125515 and an evaluation by
the department of a county's ability to fund their one-fourth share
of a child's care under the Crippled Children's Services Program. The
funds shall only cover costs not recoverable from direct or third
party payments. A pediatric renal failure center may use funds
provided under this subdivision for payment of costs for kidney
transplantation services at any hospital that is authorized to
perform these services by the department. For purposes of this
subdivision, a child is any person 18 years of age or under.

125505. The dialysis centers shall be designed primarily to provide
lifesaving dialysis services to approximately 30 patients in each
center. Funds shall be provided for developing home dialysis
treatment services for approximately 20 patients in each center and
the necessary specialized personnel and equipment to operate each
center. Funds for construction of the centers shall also be provided.
The centers shall develop and utilize newer methods of dialysis
designed to make the process more efficient and economical and shall
take into account other applications of the procedure such as home
dialysis. Centers may seek the active participation and consultation
from industry in order to streamline equipment and procedures for
greater efficiency.

125510. The dialysis centers shall also serve to provide training
for medical and nursing personnel who will carry out dialysis
services in other communities in the state. The dialysis centers may
also work in close cooperation with other medical specialists who are
seeking ways to develop successful means of kidney transplantation.
Dialysis services are necessary as an adjunct to this type of medical
investigation.

125515. The director shall appoint a review committee, upon
nomination of the represented party, not to exceed nine members, at
least four of whom shall be physicians, including at least one
physician specializing in kidney transplantation and at least two
physicians specializing in pediatric nephrology, one member to
represent the University of California, one to represent a private
organization or organizations concerned with kidney disease in
California, one to represent the department, and two members to
represent the lay public. The chairman of the committee shall be
appointed by the Governor. This committee shall establish standards
for the expenditure of state funds that are provided for the
establishment and support of regional dialysis and transplantation
centers to assure the availability of specialized personnel,
resources, and equipment necessary to enable the centers to function
and care for patients with severe uremia. The director shall choose
from a list provided by the review committee the institutions that
qualify under the standards established to receive grants of state
funds to establish and continue a regional dialysis center. The
review committee shall also examine periodically the performance of
established regional dialysis centers and recommend continuation
grants to the director. The members of the review committee shall
serve for a two-year period and may be reappointed. Not more than
half the membership of the committee shall be changed during any one
year. The committee shall serve without compensation, but shall
receive their necessary travel expenses.

125520. The dialysis centers may also receive and make use of any
outside source of funds that may become available from federal,
voluntary, philanthropic, or other sources in order to augment state
funds.

125525. No resident of this state shall be denied treatment in any
of the regional dialysis centers because of his or her place of
residence, so long as he or she is able to transport himself to the
center.

125530. The funds that are provided by the state shall only be
expended for the construction and equipment of the regional dialysis
centers; equipment for and development of, home dialysis services;
training of personnel and other expenses incident to the activation
of the regional centers; services of dialysis and directly associated
procedures; and treatment of complications that may result from
dialysis. These funds shall not be utilized to pay for general
medical care services that should come from private, local, other
state or federal sources.

125535. The department succeeds to and is vested with the duties,
purposes, responsibilities, and jurisdiction heretofore exercised by
the Department of Benefit Payments with respect to the payment of
grants to and audit responsibility for regional dialysis centers
under this chapter and for home dialysis training centers under
Chapter 2 (commencing with Section 125550).

125540. The department shall have possession and control of all
records, papers, equipment, and supplies held for the benefit or use
of the Director of Benefit Payments in the performance of his or her
duties, powers, purposes, responsibilities, and jurisdiction that are
vested in the department by Section 125535.

125545. All officers and employees of the Director of Benefit
Payments who, on July 1, 1978, are serving in the state civil
service, other than as temporary employees, and engaged in the
performance of a function vested in the department by Section 125535
shall be transferred to the department. The status, positions, and
rights of those persons shall not be affected by the transfer and
shall be retained by them as officers and employees of the department
pursuant to the State Civil Service Act, except as to positions
exempt from civil service.