SECTIONS 127000-127050 - California Statutes

HEALTH AND SAFETY CODE

SECTION 127000-127050

127000. There is in the state government, in the Health and Welfare
Agency, an Office of Statewide Health Planning and Development.

127005. The office is under the control of an executive officer
known as the Director of Statewide Health Planning and Development,
who shall be appointed by the Governor, subject to confirmation by
the Senate, and hold office at the pleasure of the Governor. He or
she shall receive the annual salary provided by Article 1 (commencing
with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2
of the Government Code.

127010. The director of the office shall have the powers of a head
of the department pursuant to Chapter 2 (commencing with Section
11150) of Part 1 of Division 3 of Title 2 of the Government Code.

127015. The office succeeds to and is vested with all the duties,
powers, purposes, responsibilities, and jurisdiction of the State
Department of Health relating to health planning and research
development. The office shall assume the functions and
responsibilities of the Facilities Construction Unit of the former
State Department of Health, including, but not limited to, those
functions and responsibilities performed pursuant to the following
provisions of law:
Chapter 1 (commencing with Section 127125) of Part 2, Article 1
(commencing with Section 127750) of Chapter 1, Article 3 (commencing
with Section 127975) of Chapter 2, and Article 1 (commencing with
Section 128125) of Chapter 3 of Part 3, Part 6 (commencing with
Section 129000) and Part 7 (commencing with Section 129675) of this
division, Section 127050; Chapter 10 (commencing with Section 1770)
of Division 2; and Section 13113.

127020. All regulations heretofore adopted by the State Department
of Health that relate to functions vested in the office and that are
in effect immediately preceding July 1, 1978, shall remain in effect
and shall be fully enforceable unless and until readopted, amended,
or repealed by the office.

127025. The office may use the unexpended balance of funds
available for use in connection with the performance of the functions
of the State Department of Health transferred to the office pursuant
to Section 127015.

127030. All officers and employees of the State Department of
Health, 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 Office of Statewide Planning and
Development by Section 127015 shall be transferred to the office. The
status, positions, and rights of these persons shall not be affected
by the transfer and shall be retained by them as officers and
employees of the office, pursuant to the State Civil Service Act
except as to positions exempted from civil service.

127035. The office shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, land or other property, real or personal, held for
the benefit or use of the State Department of Health for the
performance of functions transferred to the office by Section 127015.

127040. All officers or employees of the office employed after July
1, 1978, shall be appointed by the director of the office.

127045. The office may enter into agreements and contracts with any
person, department, agency, corporation, or legal entity that are
necessary to carry out the functions vested in the office by this
chapter, Article 1 (commencing with Section 127875), Article 2
(commencing with Section 127900), Article 5 (commencing with Section
128050) of Chapter 2, Article 2 (commencing with Section 128375), and
Article 3 (commencing with Section 128425) of Chapter 5 of Part 3.

127050. (a) As used in this section, "nonprofit hospital" means a
general acute care hospital or an acute psychiatric hospital owned
and operated by a fund, foundation, or corporation, no part of the
net earnings of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
(b) A nonprofit hospital may exercise the right of eminent domain
to acquire property necessary for the establishment, operation, or
expansion of the nonprofit hospital if both of the following
requirements are satisfied:
(1) The property to be acquired by eminent domain is adjacent to
other property used or to be used for the establishment, operation,
or expansion of the nonprofit hospital.
(2) The director of the office has certified, after the public
hearing required by subdivision (c), all of the following:
(A) The acquisition of the property sought to be condemned is
necessary for the establishment, operation, or expansion of the
nonprofit hospital.
(B) The public interest and necessity require the proposed
project.
(C) The proposed project is planned or located in the manner that
will be most compatible with the greatest public good and the least
private injury.
(c) The director of the office shall adopt reasonable regulations
that will provide for a public hearing to be conducted by a hearing
officer in accordance with Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code in the area
where the hospital is located to determine the necessity of the
proposed project and of any acquisition of property for the project.
Written notice of the hearing shall be given to the voluntary area
health planning agency, if one exists, in the area where the hospital
is located. The voluntary area health planning agency so notified
shall make its recommendations to the hearing officer within 90 days
from the receipt of notice. No hearing shall be held prior to the
expiration of the 90-day period unless the hearing officer has
received the recommendations of the voluntary area health planning
agency. At the public hearing, the hearing officer shall ensure that
the hearing, in part at least, considers the impact of the proposed
project upon the delivery of health care services in the community
and upon the environment, as gathered from an environmental impact
report. The applicant and all interested parties to the acquisition,
including the voluntary area health planning agency, have the right
to representation by counsel, the right to present oral and written
evidence, and the right to confront and cross-examine opposing
witnesses. A transcript of the public hearing shall be filed with the
director of the office as a public record.