California Code of Regulations
Title 4 - Business Regulations
Division 10 - California Health Facilities Financing Authority
Chapter 2.5 - The Children's Hospital Program of 2008
Section 7051 - Definitions

Universal Citation: 4 CA Code of Regs 7051

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

The following words and phrases, as used in this chapter are defined as follows:

(a) "Act" means the Children's Hospital Bond Act of 2008 (Part 6 (commencing with Section 1179.50), Division 1, Health and Safety Code), approved by voters on November 4, 2008.

(b) "Administrative Costs" means actual costs incurred by the Authority and other state agencies as permitted by law for administering the Children's Hospital Program of 2008.

(c) "Applicant" means any Children's Hospital applying for program funding from the Children's Hospital Program of 2008.

(d) "Application Form" means, for the purposes of the First Funding Round, the written request by an Applicant to the Authority for a Grant under the Children's Hospital Program of 2008, which includes pages 1-9, Attachments A-B and all materials submitted with Form #CHFFA 6, Rev. 10-2016-4. "Application Form" means, for purposes of the Second Funding Round, the written request by an Applicant to the Authority for a Grant under the Children's Hospital Program of 2008, which includes pages 1-9, Attachments A-B and all materials submitted with Form #CHFFA 6, Rev. 01-2018-03. If necessary, an Application Form for a Third Funding Round shall be developed.

(e) "Audited Financial Statements" means an examination and report of the financial activities of the Children's Hospital or the California nonprofit corporation of which the Children's Hospital is an operating entity, for its fiscal year, performed by an independent accounting firm under generally accepted accounting principles.

In the case of the University of California Children's Hospitals, "Audited Financial Statements" means an examination and report of the financial activities of each individual University of California medical center that includes a University of California Children's Hospital, for its fiscal year, performed by an independent accounting firm under generally accepted accounting principles.

(f) "Authority" means the California Health Facilities Financing Authority.

(g) "Children's Hospital" means either:

(1) A University of California general acute care hospital described as any one of the following:
(A) University of California, Davis Children's Hospital.

(B) Mattel Children's Hospital at University of California, Los Angeles.

(C) University Children's Hospital at University of California, Irvine.

(D) University of California, San Francisco Children's Hospital.

(E) University of California, San Diego Children's Hospital.

(2) A general acute care hospital that is, or is an operating entity of, a California nonprofit corporation incorporated prior to January 1, 2003, whose mission of clinical care, teaching, research, and advocacy focuses on children, and that provides comprehensive Pediatric Services to a high volume of children eligible for Government Health Insurance Programs and to children with special health care needs eligible for the California Children's Services program and:
(A) Provided at least 160 licensed beds in the categories of pediatric acute, pediatric intensive care and neonatal intensive care in the fiscal year ending between June 30, 2001, and June 29, 2002, as reported to the Office of Statewide Health Planning and Development (OSHPD) on or before July 1, 2003.

(B) Provided over 30,000 total pediatric patient (census) days, excluding nursery acute days, in the fiscal year ending between June 30, 2001, and June 29, 2002, as reported to OSHPD on or before July 1, 2003.

(C) Provided medical education of at least eight (rounded to the nearest integer) full-time equivalent pediatric or pediatric subspecialty residents in the fiscal year ending between June 30, 2001, and June 29, 2002, as reported to OSHPD on or before July 1, 2003.

(h) "Children's Hospital Program of 2008" means the program resulting from the Act.

(i) "Costs of Issuance" mean the expenses incurred in connection with the sale and issuance of bonds, other short-term debt instruments, or loans approved by the Pooled Money Investment Board that are used to finance or refinance Grants, and accrued interest on any short-term debt instruments or loans which are not paid from another source.

(j) "Executive Director" means the Executive Director of the Authority.

(k) "Expansion of Health Care Access" means providing same services to additional patients or net additional or new Pediatric Services to existing or new patients.

(l) "Final Allocation" means a Grant allocation approved by the Authority.

(m) "First Funding Round" means the period of time prior to July 1, 2018.

(n) "Going Concern Qualification" means a finding by an independent accounting firm that the carrying value of an entity's assets will be realized and its liabilities will be liquidated in the ordinary course of continuing business activity.

(o) "Government Health Insurance Programs" mean governmental assistance programs that include, but are not limited to, Medicaid (Medi-Cal), State Children's Health Insurance Program (Healthy Families), California Children's Services (CCS), Child Health and Disability Prevention Program (CHDP) and county indigent programs.

(p) "Grant" means the distribution of money in the Children's Hospital Bond Act Fund, as defined in Section 1179.53 of the Health and Safety Code, by the Authority to a Children's Hospital for a Project pursuant to the Children's Hospital Program of 2008.

(q) "Grant Agreement" means a written agreement for a Grant entered into between a Grantee and the Authority.

(r) "Grantee" means an Applicant that has received Grant approval by the Authority.

(s) "Improvement of Child Health Care" means an improvement in the timeliness, effectiveness, or quality of care provided to the pediatric population.

(t) "Improvement of Health Care Access" means an increase in the quantity and scope of Pediatric Services provided.

(u) "Improvement of Pediatric Patient Outcomes" means an improvement in the overall health of the pediatric patients receiving treatment or care.

(v) "Initial Allocation" means an Authority staff-level decision granting an allocation.

(w) "Maximum Grant for the First Funding Round" means:

(1) A limit of $39.2 million less Costs of Issuance and Administrative Costs on the total amount of Grants that may be made to any one Children's Hospital that is described in paragraph (1) of subdivision (g).

(2) A limit of $98 million less Costs of Issuance and Administrative Costs on the total amount of Grants that may be made to any one Children's Hospital that is described in paragraph (2) of subdivision (g).

(x) "Most Recent Audited Financial Statements" means the Audited Financial Statements for the most recent fiscal year for which such financial statements are available.

(y) "Non University of California Children's Hospital" means a Children's Hospital described in paragraph (2) of subdivision (g).

(z) "Pediatric Research Programs" means scientific research focused on the pediatric population to improve and/or better understand this population's health.

(aa) "OSHPD" means the Office of Statewide Health Planning and Development.

(bb) "Pediatric Services" means services provided for children from birth to age 18. Exceptions to the age limit are allowed up to age 21 for children receiving treatment for a California Children's Services eligible condition as described in Sections 41811 through 41876, Title 22, of the California Code of Regulations.

(cc) "Pediatric Teaching Program" means a program that annually provides medical education for at least eight (rounded to the nearest integer) full-time equivalent pediatric or pediatric subspecialty residents.

(dd) "Pooled Money Investment Board" means the Board established pursuant to Section 16480.1 of the Government Code.

(ee) "Project" means constructing, expanding, remodeling, renovating, furnishing, equipping, financing, or refinancing capital assets, as defined in Section 16727(a) of the Government Code, of a Children's Hospital. Pursuant to the Act, this may include reimbursement for the costs of constructing, expanding, remodeling, renovating, furnishing, equipping, financing or refinancing where these costs are incurred after January 31, 2008. "Project" does not include Costs of Issuance for any financing or refinancing of a Project.

(ff) "Project Period" means a defined beginning and end date approved by the Authority for implementation of the Project.

(gg) "Second Funding Round" means the period of time after June 30, 2018, and before July 1, 2022, when Grants may be awarded from unawarded funds made available pursuant to the Program.

(hh) "Total Grant Funds" means $980 million less Administrative Costs and Costs of Issuance.

(ii) "Uncompensated Indigent Care" means care provided without a patient-specific source funding available to pay for the Pediatric Services rendered.

(jj) "Undercompensated Care" means care provided where a financial shortfall exists between gross expenses and the revenues (or payment) in treating a pediatric patient.

(kk) "University of California Children's Hospital" means a Children's Hospital described in paragraph (1) of subdivision (g).

(ll) "Vulnerable Pediatric Populations" means pediatric patients served by Government Health Insurance Programs and pediatric patients with special health care needs irrespective of insurance status.

(mm) "Third Funding Round" means the period of time after June 30, 2022 when additional Grants may be awarded from unawarded Grant funds pursuant to the Program.

1. New chapter 2.5 (sections 7051-7071) and section filed 7-31-2009; operative 7-31-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 31).
2. Change without regulatory effect amending subsections (o) and (bb) filed 8-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 33).
3. Change without regulatory effect amending subsection (d) filed 11-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 47).
4. Amendment of subsections (d), (m) and (gg) and new subsection (mm) filed 3-29-2018 as an emergency; operative 3-29-2018 (Register 2018, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-25-2018 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (d), (m) and (gg) and new subsection (mm) refiled 9-18-2018 as an emergency; operative 9-26-2018 pursuant to Government Code section 11346.1(d) (Register 2018, No. 38). A Certificate of Compliance must be transmitted to OAL by 12-26-2018 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-18-2018 order transmitted to OAL 9-25-2018 and filed 10-31-2018 (Register 2018, No. 44).

Note: Authority cited: Sections 1179.55, 1179.57 and 1179.61, Health and Safety Code. Reference: Sections 1179.50, 1179.51, 1179.54, 1179.55, 1179.56, 1179.57, 1179.59, 1179.67 and 1179.68, Health and Safety Code.

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