Cal. HSC § 1348.9
This is the official text of Cal. HSC § 1348.9, part of California’s Health and Safety Code — covers public health, hospitals, controlled substances, and environmental health standards.
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Official statutory text
(a) On or before July 1, 2003, the director shall adopt regulations to establish the Consumer Participation Program, which shall allow for the director to award reasonable advocacy and witness fees to a person or organization that demonstrates that the person or organization represents the interests of consumers and has made a substantial contribution on behalf of consumers to the adoption of a regulation or to an order or decision made by the director if the order or decision has the potential to impact a significant number of enrollees.
(b) The regulations adopted by the director shall include specifications for eligibility of participation, rates of compensation, and procedures for seeking compensation. The regulations shall require that the person or organization demonstrate a record of advocacy on behalf of health care consumers in administrative or legislative proceedings in order to determine whether the person or organization represents the interests of consumers.
(c) This section applies to all proceedings of the department, but does not apply to resolution of individual grievances, complaints, or cases.
(d) Fees awarded pursuant to this section may not exceed three hundred fifty thousand dollars ($350,000) each fiscal year.
(e) The fees awarded pursuant to this section shall be considered costs and expenses pursuant to Section 1356 and shall be paid from the assessment made under that section. The amount of the assessment shall not be increased to pay the fees awarded under this section.
(f) By March 1, 2022, and annually each March 1 thereafter, the department shall post all of the following information on its public internet website:
(1) The amount of reasonable advocacy and witness fees awarded each fiscal year.
(2) The individuals or organization to whom advocacy and witness fees were awarded pursuant to this section.
(3) The orders, decisions, and regulations pursuant to which the advocacy and witness fees were awarded.
(b) The regulations adopted by the director shall include specifications for eligibility of participation, rates of compensation, and procedures for seeking compensation. The regulations shall require that the person or organization demonstrate a record of advocacy on behalf of health care consumers in administrative or legislative proceedings in order to determine whether the person or organization represents the interests of consumers.
(c) This section applies to all proceedings of the department, but does not apply to resolution of individual grievances, complaints, or cases.
(d) Fees awarded pursuant to this section may not exceed three hundred fifty thousand dollars ($350,000) each fiscal year.
(e) The fees awarded pursuant to this section shall be considered costs and expenses pursuant to Section 1356 and shall be paid from the assessment made under that section. The amount of the assessment shall not be increased to pay the fees awarded under this section.
(f) By March 1, 2022, and annually each March 1 thereafter, the department shall post all of the following information on its public internet website:
(1) The amount of reasonable advocacy and witness fees awarded each fiscal year.
(2) The individuals or organization to whom advocacy and witness fees were awarded pursuant to this section.
(3) The orders, decisions, and regulations pursuant to which the advocacy and witness fees were awarded.
Status: in_force · Read it on the official government site
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