SECTIONS 10720-10728 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 10720-10728

10720. As used in this chapter, "department" means the State
Department of Health Services, and "director" means the State
Director of Health Services.

10721. The director shall administer Chapter 7 (commencing with
Section 14000) and Chapter 8 (commencing with Section 14200) of Part
3 of this division and any other law pertaining to the administration
of health care services and medical assistance. He shall perform
such other duties as may be prescribed by law and shall observe and
report to the Secretary of Health and Welfare and the Governor on the
condition of health care services and medical assistance throughout
the state

10722. The State Department of Health Services succeeds to and is
vested with the duties, purposes, responsibilities, and jurisdiction
exercised by the State Department of Health or the State Department
of Benefit Payments pursuant to Chapter 7 (commencing with Section
14000), Chapter 8 (commencing with Section 14200), Chapter 8.5
(commencing with Section 14500), and Chapter 8.7 (commencing with
Section 14520) of this part on the date immediately prior to the date
this section becomes operative. Functions transferred pursuant to
this section include the management and administration of the Health
Care Deposit Fund and the audit and recovery of amounts due as the
result of payments made under the California Medical Assistance
Program (Medi-Cal).
Transfer to the State Department of Health Services of the above
functions shall not impair any contract between the State Department
of Health or the State Department of Benefit Payments and any third
party and such transfer shall neither create nor vest any right or
obligation in either party. In no case shall the substitution of the
State Department of Health Services for the State Department of
Health or the State Department of Benefit Payments be considered a
breach of contract or failure of performance, nor shall it disturb
the legal relationships of the parties.

10723. The State Department of Health Services shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, land, and other property
real or personal held for the benefit or use of the Director of
Health or the Director of Benefit Payments in the performance of his
duties, powers, purposes, responsibilities, and jurisdiction that are
vested in the State Department of Health Services by Section 10722.

10724. All officers and employees of the Director of Health and the
Director of Benefit Payments who on the operative date of this
section are serving in the state civil service, other than as
temporary employees, and engaged in the performance of a function
vested in the State Department of Health Services by Section 10722
shall be transferred to the State Department of Health Services. The
status, positions, and rights of such persons shall not be affected
by the transfer and shall be retained by them as officers and
employees of the State Department of Health Services pursuant to the
State Civil Service Act, except as to positions exempt from civil
service.

10725. The director may adopt regulations, orders, or standards of
general application to implement, interpret, or make specific the law
enforced by the department, and such regulations, orders, and
standards shall be adopted, amended, or repealed by the director only
in accordance with the provisions of Chapter 4.5 (commencing with
Section 11371), Part 1, Division 3, Title 2 of the Government Code,
provided that regulations relating to services need not be printed in
the California Administrative Code or California Administrative
Register if they are included in the publications of the department.
Such authority also may be exercised by the director's designee.
In adopting regulations the director shall strive for clarity of
language which may be readily understood by those administering
services or subject to such regulations.
The rules of the department need not specify or include the detail
of forms, reports or records, but shall include the essential
authority by which any person, agency, organization, association or
institution subject to the supervision or investigation of the
department is required to use, submit or maintain such forms, reports
or records.

10726. All regulations heretofore adopted by the Director of the
State Department of Benefit Payments which relate to payment,
accounting, auditing and collection functions vested in the State
Department of Health Services, or by the State Department of Health
or any predecessor department which relate to health care services or
medical assistance functions vested in the State Department of
Health Services, and which are in effect immediately preceding the
operative date of this section, shall remain in effect and shall be
fully enforceable unless and until readopted, amended or repealed by
the State Director of Health Services.

10727. Except as otherwise provided by law, for purposes of the
Health and Safety Code and this code, and any regulations adopted
thereunder, after June 1, 1996, "children's hospital" means any of
the following hospitals:
(a) Valley Children's Hospital, Madera.
(b) Miller Children's Hospital, Long Beach.
(c) Childrens Hospital Los Angeles, Los Angeles.
(d) Children's Hospital Medical Center of Northern California,
Oakland.
(e) Children's Hospital of Orange County.
(f) Lucile Salter Packard Children's Hospital at Stanford, Palo
Alto.
(g) Children's Hospital and Health Center, San Diego.
(h) Loma Linda University Children's Hospital, Loma Linda.

10728. (a) Except as otherwise provided by law, for purposes of
this code and the Health and Safety Code, and any regulations adopted
thereunder, "University of California children's hospital" means
each of the University of California children's programs within the
five University of California academic medical center campuses.
(b) This section is not intended to preclude participation by
other entities in funding that would benefit children's health care
programs.
(c) For purposes of this section, the term "children's hospital"
may be used for signage, marketing, community service, and other
university communication and philanthropic purposes only.
(d) Nothing in this section shall affect eligibility for any
existing state funded health care programs.