California Code of Regulations
Title 22 - Social Security
Division 7 - Health Planning and Facility Construction
Chapter 10 - Health Facility Data
Article 8 - Patient Data Reporting Requirements
Section 97266 - Freestanding Ambulatory Surgery Encounter Fee Assessment

(a) The Department shall mail an annual notice of special fee assessment, as provided in Section 90417, and a remittance advice form to each freestanding ambulatory surgery clinic. The annual notice of special fee assessment and remittance advice form shall be mailed at least 20 days before the fee due date. The remittance advice form shall be completed by each surgical clinic and returned to the Department with full payment of the special fee amount. The fee shall be due on July 1st and delinquent on July 31st of each year. The basis of assessment is the number of ambulatory surgery data records submitted to the Department for encounters in the preceding calendar year.

(b) New surgical clinics which had no encounters in the previous calendar year are not liable for the initial special fee.

(c) New surgical clinics that have been operating for less than 12 months in the previous calendar year are liable for the special fee based on the number of ambulatory surgery data records submitted to the Department for encounters during the period of their licensed operations in the previous calendar year.

(d) Where there was a change in licensee during the prior calendar year, the current licensee shall be assessed a special fee based on the number of ambulatory surgery data records submitted to the Department for encounters that occurred during the time of their licensure.

(e) The Department shall determine the basis of assessment for special fee amounts due from surgical clinics in those circumstances not specifically covered above.

(f) To enforce payment of delinquent special fees, the Department shall notify the State Department of Health Services not to issue a license and not to renew the existing license of the delinquent surgical clinic until the special fees have been paid, pursuant to Section 127280, Health and Safety Code. A copy of the Department notice to the State Department of Health Services shall be sent to the delinquent surgical clinic.