(a) (1) The Director of Health Care Services, or his or her designee, shall administer this article.
(2) The regulations and other similar instructions adopted pursuant to this article shall be developed in consultation with representatives of the long-term care industry, organized labor, seniors, and consumers.
(b) (1) The director may adopt regulations as are necessary to implement this article. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action.
(2) The regulations adopted pursuant to this section may include, but need not be limited to, any regulations necessary for any of the following purposes:
(A) The administration of this article, including the specific analytical process for the proper determination of long-term care rates.
(B) The development of any forms necessary to obtain required cost data and other information from facilities subject to the ratesetting methodology.
(C) To provide details, definitions, formulas, and other requirements.
(c) As an alternative to the adoption of regulations pursuant to subdivision (b), and notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director may implement this article, in whole or in part, by means of a provider bulletin or other similar instructions, without taking regulatory action, provided that no such bulletin or other similar instructions shall remain in effect after July 31, 2020. It is the intent of the Legislature that regulations adopted pursuant to subdivision (b) shall be in place on or before July 31, 2020.
(Amended by Stats. 2016, Ch. 86, Sec. 319. (SB 1171) Effective January 1, 2017. Conditionally inoperative as provided in subd. (a) of Section 14126.035. Inoperative August 1, 2020, pursuant to Section 14126.036. Repealed as of January 1, 2021, pursuant to Section 14126.036.)
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