SECTIONS 10720-10728
WELFARE AND INSTITUTIONS CODE
SECTION 10720-10728
SECTION 10720-10728
10720. As used in this chapter, "department" means the StateDepartment of Health Services, and "director" means the StateDirector of Health Services.10721. The director shall administer Chapter 7 (commencing withSection 14000) and Chapter 8 (commencing with Section 14200) of Part3 of this division and any other law pertaining to the administrationof health care services and medical assistance. He shall performsuch other duties as may be prescribed by law and shall observe andreport to the Secretary of Health and Welfare and the Governor on thecondition of health care services and medical assistance throughoutthe state10722. The State Department of Health Services succeeds to and isvested with the duties, purposes, responsibilities, and jurisdictionexercised by the State Department of Health or the State Departmentof Benefit Payments pursuant to Chapter 7 (commencing with Section14000), Chapter 8 (commencing with Section 14200), Chapter 8.5(commencing with Section 14500), and Chapter 8.7 (commencing withSection 14520) of this part on the date immediately prior to the datethis section becomes operative. Functions transferred pursuant tothis section include the management and administration of the HealthCare Deposit Fund and the audit and recovery of amounts due as theresult of payments made under the California Medical AssistanceProgram (Medi-Cal). Transfer to the State Department of Health Services of the abovefunctions shall not impair any contract between the State Departmentof Health or the State Department of Benefit Payments and any thirdparty and such transfer shall neither create nor vest any right orobligation in either party. In no case shall the substitution of theState Department of Health Services for the State Department ofHealth or the State Department of Benefit Payments be considered abreach of contract or failure of performance, nor shall it disturbthe legal relationships of the parties.10723. The State Department of Health Services shall havepossession and control of all records, papers, offices, equipment,supplies, moneys, funds, appropriations, land, and other propertyreal or personal held for the benefit or use of the Director ofHealth or the Director of Benefit Payments in the performance of hisduties, powers, purposes, responsibilities, and jurisdiction that arevested in the State Department of Health Services by Section 10722.10724. All officers and employees of the Director of Health and theDirector of Benefit Payments who on the operative date of thissection are serving in the state civil service, other than astemporary employees, and engaged in the performance of a functionvested in the State Department of Health Services by Section 10722shall be transferred to the State Department of Health Services. Thestatus, positions, and rights of such persons shall not be affectedby the transfer and shall be retained by them as officers andemployees of the State Department of Health Services pursuant to theState Civil Service Act, except as to positions exempt from civilservice.10725. The director may adopt regulations, orders, or standards ofgeneral application to implement, interpret, or make specific the lawenforced by the department, and such regulations, orders, andstandards shall be adopted, amended, or repealed by the director onlyin accordance with the provisions of Chapter 4.5 (commencing withSection 11371), Part 1, Division 3, Title 2 of the Government Code,provided that regulations relating to services need not be printed inthe California Administrative Code or California AdministrativeRegister 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 oflanguage which may be readily understood by those administeringservices or subject to such regulations. The rules of the department need not specify or include the detailof forms, reports or records, but shall include the essentialauthority by which any person, agency, organization, association orinstitution subject to the supervision or investigation of thedepartment is required to use, submit or maintain such forms, reportsor records.10726. All regulations heretofore adopted by the Director of theState Department of Benefit Payments which relate to payment,accounting, auditing and collection functions vested in the StateDepartment of Health Services, or by the State Department of Healthor any predecessor department which relate to health care services ormedical assistance functions vested in the State Department ofHealth Services, and which are in effect immediately preceding theoperative date of this section, shall remain in effect and shall befully enforceable unless and until readopted, amended or repealed bythe State Director of Health Services.10727. Except as otherwise provided by law, for purposes of theHealth and Safety Code and this code, and any regulations adoptedthereunder, after June 1, 1996, "children's hospital" means any ofthe 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, PaloAlto. (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 ofthis code and the Health and Safety Code, and any regulations adoptedthereunder, "University of California children's hospital" meanseach of the University of California children's programs within thefive University of California academic medical center campuses. (b) This section is not intended to preclude participation byother entities in funding that would benefit children's health careprograms. (c) For purposes of this section, the term "children's hospital"may be used for signage, marketing, community service, and otheruniversity communication and philanthropic purposes only. (d) Nothing in this section shall affect eligibility for anyexisting state funded health care programs.