California Code of Regulations
Title 22 - Social Security
Division 7 - Health Planning and Facility Construction
Chapter 1 - Health Planning and Resources Development
Article 5 - Certificate of Need
Section 90417 - Special Fees

Universal Citation: 22 CA Code of Regs 90417

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Health Facilities, except those exempt by law and long-term care facilities (as defined by Section 97005(d), California Code of Regulations), shall be charged a special fee as follows:

(1) For the last fiscal year ending on or before June 30, of the preceding calendar year the fee shall be 0.027 percent of the gross operating cost for the provision of health care services as determined by the Office.

(b) Long-term care facilities (as defined by Section 97005(d), California Code of Regulations), except those exempt by law, shall be charged a special fee as follows:

(1) For the last fiscal year ending on or before June 30, of the preceding calendar year, the fee shall be 0.025 percent of the gross operating cost for the provision of health care services as determined by the Office.

(c) Freestanding ambulatory surgery clinics as defined in Health and Safety Code 128700(d) shall be charged a special fee that shall be established at an amount equal to the number of ambulatory surgery data records submitted to the Office pursuant to Section 128737 for encounters in the preceding calendar year multiplied by fifty cents ($.50).

1. Amendment filed 5-25-77; effective thirtieth day thereafter (Register 77, No. 22).
2. Repealer and new section filed 5-22-80; effective thirtieth day thereafter (Register 80, No. 21).
3. Amendment filed 10-14-83; designated effective 10-17-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 42).
4. Amendment filed 6-8-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 23).
5. Amendment of subsection (a)(1) filed 6-21-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 25).
6. Amendment of subsection (a)(1) filed 6-24-86; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 86, No. 26).
7. Amendment of subsection (a)(1) filed 6-10-87; operative 6-10-87 (Register 87, No. 25).
8. Amendment of Subsection (a)(1) filed 2-15-89; operative 3-12-89 (Register 89, No. 8).
9. Amendment of subsections (a) and (a)(1), new subsections (b) and (b)(1), and amendment of NOTE filed 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of subsection (b) (Register 99, No. 21).
11. Certificate of Compliance as to 3-31-99 order transmitted to OAL 6-11-99 and filed 7-2-99 (Register 99, No. 27).
12. Amendment of subsections (a)(1) and (b)(1) filed 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-24-2004 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-26-2004 order transmitted to OAL 7-13-2004 and filed 8-5-2004 (Register 2004, No. 32).
14. Amendment of subsections (a)(1) and (b)(1) filed 6-30-2005; operative 6-30-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 26).
15. New subsection (c) and amendment of NOTE filed 11-21-2006; operative 11-21-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 47).
16. Amendment of subsections (a)(1) and (b)(1) filed 5-24-2012; operative 5-24-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 21).
17. Change without regulatory effect amending subsection (c) filed 6-22-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 26).

Note: Authority cited: Sections 127150, 127280, 128700 and 128810, Health and Safety Code. Reference: Sections 127280 and 128737, Health and Safety Code.

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