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CALIFORNIA STATUTES AND CODES

SECTIONS 16990-16990.9

WELFARE AND INSTITUTIONS CODE
SECTION 16990-16990.9
16990. (a) (1) Any county receiving an allocation pursuant to this chapter and Chapter 4 (commencing with Section 16930) shall, at a minimum, maintain a level of financial support of county funds for health services at least equal to the total of the amounts specified in this subdivision. The amounts specified in paragraph (1) shall be adjusted on July 1 of each year equal to the growth in the sales tax and vehicle license fees allocated to the trust fund accounts and the county general fund pursuant to Chapter 6 (commencing with Section 17600) of Part 5. Each of the following counties shall maintain a realignment financial maintenance of effort according to the following schedule: Jurisdiction Amount Alameda........................ $ 62,950,138 Alpine......................... 150,781 Amador......................... 1,702,152 Butte.......................... 8,378,036 Calaveras...................... 1,286,374 Colusa......................... 1,362,787 Contra Costa................... 31,188,063 Del Norte...................... 1,305,412 El Dorado...................... 5,626,036 Fresno......................... 32,555,212 Glenn.......................... 1,368,045 Humboldt....................... 8,995,114 Imperial....................... 8,526,220 Inyo........................... 2,320,718 Kern........................... 23,025,845 Kings.......................... 4,310,952 Lake........................... 1,767,837 Lassen......................... 1,555,628 Los Angeles.................... 510,082,064 Madera......................... 3,523,697 Marin.......................... 11,349,537 Mariposa....................... 766,751 Mendocino...................... 2,782,024 Merced......................... 4,711,969 Modoc.......................... 939,453 Mono........................... 1,673,165 Monterey....................... 11,816,218 Napa........................... 4,751,422 Nevada......................... 2,669,976 Orange......................... 66,846,735 Placer......................... 3,009,967 Plumas......................... 1,143,704 Riverside...................... 33,598,282 Sacramento..................... 33,012,993 San Benito..................... 1,601,614 San Bernardino................. 27,576,793 San Diego...................... 49,373,333 San Francisco.................. 106,622,954 San Joaquin.................... 12,646,288 San Luis Obispo................ 5,888,487 San Mateo...................... 21,788,027 Santa Barbara.................. 12,659,559 Santa Clara.................... 47,316,403 Santa Cruz..................... 8,373,710 Shasta......................... 6,521,122 Sierra......................... 327,339 Siskiyou....................... 2,401,825 Solano......................... 8,942,768 Sonoma......................... 16,146,306 Stanislaus..................... 13,403,954 Sutter......................... 4,872,252 Tehama......................... 3,257,915 Trinity........................ 1,599,409 Tulare......................... 8,593,714 Tuolumne....................... 2,525,076 Ventura........................ 17,042,243 Yolo........................... 4,396,875 Yuba........................... 3,083,423 -------------- Total.......................... $1,278,014,696 (2) A county may, upon notifying the department of the transfers authorized by this paragraph, reduce the level of financial maintenance of effort required of the county by paragraph (1) by the amount of the funds transferred from the Health Account pursuant to Section 17600.20. (b) For purposes of this section, if a county desires to use any of its allocation pursuant to this chapter or Chapter 4 (commencing with Section 16930) for programs and costs not reported as part of the plan and budget required by Section 16800, the county, as a condition of using its allocation for these purposes, must maintain an amount of county funding for those programs and costs at least equal to the 1988-89 fiscal year levels. (c) Moneys received by a county under this chapter shall be accounted for as revenue in the plan and budget which is required pursuant to Section 16800 and shall not be used as county matching funds for any other program requiring a county match. (d) If a county fails to maintain financial maintenance of effort at least equal to the total of the amounts specified in paragraph (1) of subdivision (a), the department shall recover funds allocated to the county under this part sufficient to bring the county into compliance with the financial maintenance of effort provisions. Funds shall be recovered proportionately from the Hospital Services Account, the Physician Services Account, and the Unallocated Account. (e) The participation fee specified in Section 16809.3 shall not be included in determining a county's compliance with the maintenance of effort provisions of this section. (f) For the purposes of determining the level of financial support required for the 1991-92 fiscal year, the amounts specified in paragraph (1) of subdivision (a) shall be reduced to reflect shortfalls in revenue to local health and welfare trust fund health accounts due to shortfalls in receipts of sales tax revenue and county deposits required pursuant to subdivision (b) of Section 17608.10, compared to the amounts of these funds originally anticipated, as determined by the Director of Health Services. (g) For the purposes of determining the level of financial support required in the 1992-93 fiscal year, the amounts specified in paragraph (1) of subdivision (a) shall be reduced by 7 percent. (h) For the purposes of determining the level of financial support required in the 1993-94 fiscal year and subsequent fiscal years, the amounts specified in paragraph (1) of subdivision (a) shall be reduced to reflect shortfalls in revenue to local health and welfare trust fund health accounts due to shortfalls in receipts of sales tax revenue and county deposits required pursuant to subdivision (b) of Section 17608.10, compared to the amounts of these funds originally anticipated for the 1991-92 fiscal year, as determined by the Director of Health Services. 16990.1. Notwithstanding the first sentence of paragraph (1) of subdivision (a) of Section 16990, for the purposes of determining the level of financial support in the 1996-97 fiscal year, the amounts specified in subparagraph (A) of paragraph (1) of subdivision (a) of Section 16990 shall be added to 50 percent of the amounts specified in subparagraph (B) of paragraph (1) of subdivision (a). 16990.5. (a) The following definitions shall govern the construction of this section, unless the context requires otherwise: (1) "Capital outlay" means net disproportionate share hospital revenues used for projects that involve the acquisition, construction, renovation, improvement, modernization, expansion, or replacement of a plant, building, or fixed or movable equipment, including debt service for facilities used in the provision of county health care services or mental health services. (2) "County health care services" means those services described in subdivision (a) of Section 16801. (3) "County financial maintenance of effort" means the level of financial support required of a county pursuant to Section 16990. (4) "Net disproportionate share hospital revenues" means the amount determined by subtracting the total intergovernmental transfers made by a county pursuant to Sections 14163 and 14164 from the total amount of the payment adjustments paid to the county's hospital or hospitals pursuant to Section 14105.98. This calculation shall reflect any amendment to Sections 14163 and 14164, including amendments to paragraph (2) of subdivision (d) of Section 14163. (5) "Mental health services" means those programs transferred or otherwise financed pursuant to Chapters 89 and 91 of the Statutes of 1991. (b) (1) Each county shall deposit all net disproportionate share hospital revenues into a fund or funds other than the county general fund, and shall retain those revenues until utilized for the purposes described in this section. (2) All disproportionate share hospital revenues are intended to support health care services rendered by disproportionate share hospitals, including, but not limited to, health or mental health services and health or mental health capital outlays. Net disproportionate share hospital revenues shall not be used to supplant or offset county general funds or other funds that were expended or encumbered for those purposes prior to July 1, 1991. (3) Net disproportionate share hospital revenues shall be included in computing county financial maintenance of effort only as set forth in subdivision (c). (c) For the 1991-92 fiscal year, and for each fiscal year thereafter, for purposes of computing county financial maintenance of effort, net disproportionate share hospital revenues deposited in accordance with subdivision (b) shall be treated as follows: (1) Net disproportionate share hospital revenues utilized for a county for mental health services, or for capital outlay for health or mental health services, shall not be counted as revenue in the computation of county financial maintenance of effort. (2) Net disproportionate share hospital revenues that are not utilized as described in paragraph (1) shall be counted as revenue in the computation of a county's financial maintenance of effort only to the extent that by not counting those revenues for a particular fiscal year, a county's net county costs for county health care services exceeds the amount of county funds required to satisfy the requirements of Section 16990 for the particular fiscal year. (3) Net disproportionate share hospital revenues counted as revenue in the calculation of county financial maintenance of effort for a particular year pursuant to paragraph (2) shall not be counted as revenue in the calculation of county financial maintenance of effort relating to any subsequent fiscal year. (d) Net disproportionate share hospital revenues may not be used for deposits required by Sections 17608.05 and 17608.10 or as county funds required by Section 16990. 16990.9. The level of financial maintenance of effort required of a county that contracts with the department pursuant to Section 101300 of the Health and Safety Code during the 1991-92, 1992-93, 1993-94, 1994-95, and subsequent fiscal years may be reduced by the amount of local public health service funds retained by the county for that fiscal year that are unexpended as a result of vacant contracted positions.

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