Section 96051.6 - Hospital Policies(a) Substantive Policy Requirements. (1) Each policy submitted shall list an effective date on the policy that reflects the date the policy will go into effect at the hospital.(2) Discount payment policies and charity care policies shall include eligibility procedures and the hospital's review processes, in accordance with the requirements outlined in the Act.(3) Each debt collection policy shall include the requirements outlined in Health and Safety Code sections 127405(e)(3), 127425, 127426, and 127430, in addition to all other applicable statutory and regulatory requirements.(b) Policy Submission Requirements.(1) Each hospital's primary or secondary contact, as referenced in 96051.5, shall submit policies through the Department's online policy submission portal at hdc.hcai.ca.gov, by January 1, 2024, and biennially by January 1 thereafter. If no significant change has been made to a policy since the last submission, the hospital shall report that information through the Department's online policy submission portal. The primary or secondary contact shall submit the policies or report no significant change to the policies through the online policy submission portal at any time during the reporting period.(2) "Reporting period," for the purposes of this section, means the four-month period, beginning September 1st and ending January 1st, leading up to the biennial policy submission due date outlined in Health and Safety Code section 127435 (a).(3) Hospitals that are newly licensed under Health and Safety Code section 1250(a), (b), or (f) on or after January 1, 2024, shall submit the policies required by Health and Safety Code section 127435 prior to treating patients.(4) Any policies submitted by the hospital due to a significant change, as required by Health and Safety Code section 127435, shall be submitted through the Department's online policy submission portal.(5) "Significant change," as utilized in Health and Safety Code section 127435 and for the purposes of this chapter, means any change that could affect patient access to or eligibility for discount payment and/or charity care or any other protections outlined in the Act and this chapter.(6) The following information shall be included with each policy submission:(A) The effective date for each submitted policy.(B) A list of all facilities under the hospital's license to which the submitted policies apply.(C) A statement of certification under penalty of perjury, which includes the following: (i) A certification that the submitter is duly authorized to submit the policies.(ii) The submitted policies are true and correct copies of the hospital's policies.(c) Document Requirements. (1) Each policy shall be submitted by uploading Portable Document Format (.pdf) files.(2) Documents submitted should not be scanned versions or images of paper documents. Documents submitted shall be in a machine-readable format.(3) Each policy should be uploaded as a clean version for posting on the Department's website and a marked-up version which reflects any changes since the policy was last submitted to the Department using underline to identify new content and strikethrough to identify removed content.(d) Policy Review Process. (1) Hospitals shall respond to any correspondence from the Department regarding policies within 30 calendar days of the correspondence being sent to the hospital.(2) Hospital responses shall be complete and include written responses to any Department questions and revised policies, if applicable.(3) Revisions to submitted policies shall be uploaded through the online policy submission portal in clean and marked-up versions. The marked-up version shall reflect all changes since the policy was last submitted to the Department using underline to identify new content and strikethrough to identify removed content.(4) If the hospital cannot provide the response required by subdivision (d)(1) within 30 calendar days, the hospital may request an extension of time through the online policy submission portal. The request shall be submitted prior to the due date and describe the actions being taken to obtain the information or records and when receipt is expected.(5) The Department has discretion to agree to a requested extension of time. The Department will consider the following factors in determining whether to grant the extension request:(A) Complexity of required response.(B) Hospital's history of cooperativeness.(C) Necessity for third party assistance in obtaining records.(D) Any other factors submitted by the hospital showing good cause.(6) If the Department agrees to an extension of time, no penalty pursuant to section 96051.22 will accrue during the extension period.Cal. Code Regs. Tit. 22, § 96051.6
Note: Authority cited: Section 127010, Health and Safety Code. Reference: Section 127435, Health and Safety Code.
1. New section filed 11-1-2023; operative 1/1/2024 (Register 2023, No. 44).