SECTIONS 10740-10751 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 10740-10751

10740. It is hereby declared that provision for health care
services and medical assistance in this code is a matter of statewide
concern. The State Department of Health Services is hereby
designated as the single state agency with full power to supervise
every phase of the administration of health care services and medical
assistance for which grants-in-aid are received from the United
States government or made by the state in order to secure full
compliance with the applicable provisions of state and federal laws.

10741. The department shall investigate, examine and make reports
upon the public officers who are in any way responsible for the
administration of public funds used for health care services and
medical assistance.

10742. The department shall advise public officers regarding the
administration of health care services and medical assistance by
public agencies throughout the state, and shall supervise the
administration of such services and assistance to all persons
receiving or eligible to receive such services and assistance.

10743. In administering any funds appropriated or made available to
the department for disbursement through the counties for welfare
purposes, the department shall establish regulations, not in conflict
with the law fixing statewide standards for the administration of
all state or federally assisted health care services or medical
assistance programs. All regulations established by the department
shall be binding upon the boards of supervisors and the county
department.

10743.5. It is the intent of the Legislature that, if the
department seeks a waiver for any experimental, pilot, or
demonstration project in the 1995-96 fiscal year pursuant to the
authority of Section 1315 of Title 42 of the United States Code that
has as one of its objectives the obtaining of additional federal
funds for health care services, the department shall notify all
counties of its intent to seek a waiver. A county shall notify the
department within three working days of its intent to participate in
this waiver. The department shall include these counties if the
necessary documentation required of the counties supports their
inclusion in the waiver request. It is further the intent of the
Legislature that the department seek to include as many counties as
possible in this request.

10744. If the director considers a county director to be failing,
in a substantial manner, to comply with any provision of this code or
any regulation pertaining to the administration of health care
services and medical assistance, he shall put the county director on
written notice to that effect, and shall give a copy of the notice to
the board of supervisors.
If within 60 days the county director fails to give reasonable
assurance that he is complying and will continue to comply with the
laws and regulations, the director shall order the county to appear
at a hearing, before him to show cause why he should not take action
to secure compliance. The county shall be given at least 30 days
notice of such hearing. The director shall consider the case on the
record established at the hearing and, within 30 days, shall render
proposed findings and a proposed decision on the issues. The proposed
findings and decisions shall be submitted to the county, and the
county shall have an opportunity to appear within 10 days at such
time and place as may be fixed by the director for the purpose of
presenting oral arguments respecting the proposed findings and
decision. Thereupon, the director shall make his final findings and
decision.
If the director determines that there is a failure on the part of
the county to comply with the provisions of this code or the
established regulations, or if the State Personnel Board certifies to
the director that a county is not in conformity with established
merit system standards under Part 2.5 (commencing with Section 19800)
of Division 5 of Title 2 of the Government Code, and that
administrative sanctions are necessary to secure compliance, the
director may invoke any of the following sanctions:
(a) Withhold part or all of state and federal funds from such
county until the county shall make a showing to the director of
compliance; or
(b) Assume, temporarily, direct responsibility for the
administration of any or all state-aided health care services and
medical assistance programs in such county until the county shall
provide reasonable assurance to the director of its intention and
ability to comply with such laws and regulations. During such period
of state administrative responsibility for county programs, the
director or his authorized representative shall have all of the
powers and responsibilities of the county director, with the
exception that he shall not be subject to the authority of the board
of supervisors; or
(c) Bring an action in mandamus or such other action in court as
may be appropriate to compel compliance. Any such action shall be
entitled to a preference in setting a date for a hearing.
Nothing in this section shall be construed as relieving the board
of supervisors of the responsibility to provide funds necessary for
the continued services required by law.
Nothing contained in this section shall be construed as preventing
a county from seeking judicial review of action taken by the
director pursuant to this section under Section 1094.5 of the Code of
Civil Procedure or, except in cases arising under Sections 10962 and
10963, from seeking injunctive relief when deemed appropriate.

10745. The department shall cause to be published and made
available for sale to the public, at the cost of publishing, all of
its rules and regulations relating to:
(a) The government of the department.
(b) Any form of health care services or medical assistance for
which state aid is granted to the counties or over the administration
of which the department has supervision.
The department shall also provide at cost such subscription
service as may be necessary to assure to purchasers of the printed
rules and regulations with respect to services prompt receipt of all
additions and amendments to the rules and regulations of the
department.

10746. When the department causes to be published for public
distribution informational pamphlets and related materials relating
to public assistance programs administered or supervised by the
department, they shall be printed in English and may be printed
separately in Spanish, or at the discretion of the department, in
English and Spanish, in such numbers as the department may determine.

10747. Copies of all laws relating to any form of public social
service for which state aid is granted to counties, and over the
administration of which the department has supervision, and of all
bulletins and rules and regulations of the department, shall be made
available to the public and for public inspection during regular
office hours at each county office administering such aid and in each
local or regional office of the department.

10748. The department may act as the agent or representative of or
cooperate with the federal government in any matters within the scope
of the functions of the department under this division, for the
administration of federal funds granted to this state or for any
other purpose in furtherance of those functions.
Any contract or agreement entered into by the department with the
federal government or any agency thereof for the expenditure of any
funds in the exercise of any power granted to the department by this
section shall be subject to approval by the State Department of
Finance.

10749. The department may join associations of social welfare
agencies having as their purpose the interchanging or supplying of
information relating to the technique of social welfare
administration.

10750. The functions of the department may include the
administration and the supervision of the administration of health
care services and medical assistance within this state as an agent of
the federal government and acting as a service agency for the
federal government in the field of health care services and medical
assistance.

10751. The department, with the cooperation of the State Department
of Social Services and the Employment Development Department, shall
develop a homemaker and home health aid training and employment
program for recipients under the Aid to Families with Dependent
Children Program for purposes of applying for any available federal
funds.
The departments shall undertake the program development only if
federal legislation making federal funds available is enacted, and
upon receiving federal funds, the department shall carry out the
program by establishing demonstration projects. The Employment
Development Department shall develop and supervise the training part
of the program.