California Code of Regulations
Title 22 - Social Security
Division 7 - Health Planning and Facility Construction
Chapter 8 - Hospital Community Reports
Article 1 - 1. Hospital Supplier Diversity Reporting
Section 95000 - Definitions

Universal Citation: 22 CA Code of Regs 95000

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

For the purposes of this chapter, the following definitions apply:

(a) "Director" means the Director of the Department of Health Care Access and Information, as described in Health and Safety Code section 127005.

(b) "Department" means the Department of Health Care Access and Information.

(c) "Operating expenses" means total patient-related operating expenses for the most recent fiscal year reported to the Department on the Hospital Annual Financial Disclosure Report CHC 7041 d-1, column 1, line 200, submitted as specified in Title 22, California Code of Regulations, Section 97040.

(d) "Disabled Veteran Business Enterprise" has the same meaning as defined in subparagraph (A) of paragraph (7) of subdivision (b) of Section 999 of the Military and Veterans Code or any successor provision. Disabled veteran business enterprise certification eligibility requirements shall be consistent with the requirements imposed by the Department of General Services, and this chapter shall only apply to a disabled veteran business enterprise certified by the Department of General Services.

(e) "LGBT business enterprise" means

(1) a business enterprise (a) that is at least 51 percent owned by a lesbian, gay, bisexual, or transgender person or persons or (b) if a publicly owned business, at least 51 percent of the stock of which is owned by one or more lesbian, gay, bisexual, or transgender persons; and

(2) whose management and daily business operations are controlled by one or more of those individuals.

(f) "Minority business enterprise" means

(1) a business enterprise (a) that is at least 51 percent owned by a minority individual or group(s) or (b) that is, if a publicly owned business, physically located in the United States or its trust territories, at least 51 percent of the stock of which is owned by one or more minority groups, and (2) whose management and daily business operations are controlled by one or more of those individuals. The contracting hospital shall presume that minority includes, but is not limited to, African Americans, Hispanic Americans, Native Americans, and Asian Pacific Americans.

(1) African Americans: Black Americans-persons having origins in any black racial groups of Africa.

(2) Hispanic Americans: Hispanic Americans-all persons of Mexican, Puerto Rican, Cuban, South or Central American, Caribbean, and other Spanish culture or origin.

(3) Native Americans: Native Americans-persons having origin in any of the original peoples of North America or the Hawaiian Islands, in particular, American Indians, Eskimos, Aleuts, and Native Hawaiians.

(4) Asian Pacific Americans: Asian Pacific Americans-persons having origins in Asia or the Indian subcontinent, including, but not limited to, persons from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan, India, Pakistan, and Bangladesh.

(g) "Women business enterprise" means a business enterprise physically located in the United States or its trust territories, that is at least 51 percent owned by a woman or women, or, in the case of any publicly owned business at least 51 percent of the stock of which is owned by one or more women.

(h) "WMDVLGBTBE" means a women-owned, minority-owned, disabled veteran-owned and/or LGBT-owned business enterprise.

(i) "Procurement" means the purchase or lease of supplies, services, equipment, and capital expenditures related to buildings and fixed equipment during the previous calendar year. Procurement does not include items such as employee salaries and wages, fixed asset depreciation, amortization, or taxes.

(j) "Tier I procurement" means the procurement by direct contract between a hospital and a supplier directly to provide goods and services that support the operations of the hospital.

(k) "Tier II procurement" means procurement by any agreement or arrangement between a contractor and any third party.

(l) "Hospital" means any facility that is required to be licensed under subdivision (a), (b), or (f) of Health and Safety Code section 1250, with operating expenses of fifty million dollars ($50,000,000) or more, and each licensed hospital with operating expenses of twenty-five million dollars ($25,000,000) or more that is part of either a hospital system or regional network.

(m) "Hospital system/regional network" means two or more hospitals owned, sponsored, or managed by the same organization.

1. New chapter 8 (article 1, sections 95000-95014) and section filed 8-22-2022; operative 10-1-2022 (Register 2022, No. 34). For prior history of chapter 8, sections 95000-95260, see Register 96, No. 12.

Note: Authority cited: Section 127010, Health and Safety Code. Reference: Sections 1339.86 and 1339.87, Health and Safety Code.

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