101750-101781

HEALTH AND SAFETY CODE
SECTION 101750-101781




101750.  The authority is hereby declared to be a body corporate and
politic and it shall have power:
   (a) To have perpetual succession.
   (b) To sue and be sued in the name of the authority in all actions
and proceedings in all courts and tribunals of competent
jurisdiction.
   (c) To adopt a seal and alter it at pleasure.
   (d) To take by grant, purchase, gift, devise, or lease, to hold,
use and enjoy, and to lease, convey or dispose of, real and personal
property of every kind, within or without the boundaries of the
authority, necessary or convenient to the full exercise of its
powers. The board may lease, mortgage, sell, or otherwise dispose of
any real or personal property within or without the boundaries of the
authority necessary to the full or convenient exercise of its
powers.
   (e) To make and enter into contracts with any public agency or
person for the purposes of this chapter, including, but not limited
to, agreements under Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code. Members of the board
shall be disqualified from voting on contracts in which they have a
financial interest. Notwithstanding any other provision of law,
members shall not be disqualified from continuing to serve as a
member of the board and a contract may not be avoided solely because
of a member's financial interest.
   (f) To appoint and employ an executive director and other
employees as may be necessary, including legal counsel, fix their
compensation and define their powers and duties. The board shall
prescribe the amounts and forms of fidelity bonds of its officers and
employees. The cost of these bonds shall be borne by the authority.
The authority may also contract for the services of an independent
contractor.
   (g) To incur indebtedness not exceeding revenue in any year.
   (h) To purchase supplies, equipment, materials, property, or
services.
   (i) To establish policies relating to its purposes.
   (j) To acquire or contract to acquire, rights-of-way, easements,
privileges, or property of every kind within or without the service
area of the authority, and construct, equip, maintain, and operate
any and all works or improvements within or without the boundaries of
the authority necessary, convenient, or proper to carry out any of
the provisions, objects or purposes of this chapter, and to complete,
extend, add to, repair, or otherwise improve any works or
improvements acquired by it.
   (k) To make contracts and enter into stipulations of any nature
upon the terms and conditions that the board finds are for the best
interest of the authority for the full exercise of the powers granted
in this chapter.
   (l) To accept gifts, contributions, grants, or loans from any
public agency or person for the purposes of this chapter. The
authority may do any and all things necessary in order to avail
itself of the gifts, contributions, grants, or loans, and cooperate
under any federal or state legislation in effect on March 25, 1982,
or enacted after that date.
   (m) To manage its moneys and to provide depository and auditing
services pursuant to either of the methods applicable to special
districts as set forth in the Government Code.
   (n) To negotiate with service providers rates, charges, fees and
rents, and to establish classifications of health care systems
operated by the authority. Members of the board who are county
officers and employees may vote to approve arrangements and
agreements between the authority and the county as a service provider
and these directors shall not thus be disqualified solely for the
reason that they are employed by the county.
   (o) To develop and implement health care delivery systems to
promote quality care and cost efficiency and to provide appeal and
grievance procedures available to both providers and consumers.
   (p) To provide health care delivery systems for any or all of the
following:
   (1) For all persons who are eligible to receive medical benefits
under the Medi-Cal Act, as set forth in Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code, in the service area through waiver, pilot project,
or otherwise.
   (2) For all persons in the service area who are eligible to
receive medical benefits under both Titles XVIII and XIX of the
federal Social Security Act.
   (3) For all persons in the service area who are eligible to
receive medical benefits under Title XVIII of the federal Social
Security Act.
   (4) For all persons in the service area who are eligible to
receive medical benefits under publicly supported programs if the
authority, and participating providers acting pursuant to
subcontracts with the authority, agree to hold harmless the
beneficiaries of the publicly supported programs if the contract
between the sponsoring government agency and the authority does not
ensure sufficient funding to cover program benefits.
   (q) To insure against any accident or destruction of its health
care system or any part thereof. It may insure against loss of
revenues from any cause. The authority may also provide insurance as
provided in Part 6 (commencing with Section 989) of Division 3.6 of
Title 1 of the Government Code.
   (r) To exercise powers that are expressly granted and powers that
are reasonably implied from express powers and necessary to carry out
the purposes of this chapter.
   (s) To do any and all things necessary to carry out the purposes
of this chapter.
   (t) With respect to services provided outside the county, the
authority may only provide those services to the extent that the
services are authorized by resolution of the board of supervisors of
the county in which the services are to be provided.



101750.5.  Notwithstanding subdivision (f) of Section 14499.5 of the
Welfare and Institutions Code, for the purposes of Division 3.6
(commencing with Section 810) of Title 1 of the Government Code, the
authority shall be considered a public entity separate from the
county or counties and shall file the statement required by Section
53051 of the Government Code.



101755.
   Notwithstanding any other provision of law, the state or any state
agency may enter into contracts with the authority for the authority
to obtain or arrange for health care under the authority's health
care systems, for all persons who are eligible to receive medical
benefits under the Medi-Cal Act, as set forth in Section 14000 et
seq., of the Welfare and Institutions Code, and to enter into
contracts for the provision of health care services to subscribers in
the Healthy Families Program, in its service area through waiver,
pilot project, or otherwise.



101760.  Notwithstanding any other provision of this chapter, the
board of supervisors of the county in which the appellant resides may
review major administrative decisions of the authority, excluding
those involving personnel matters, upon appeal by the affected person
and upon a majority vote of that board of supervisors. That board of
supervisors may either approve, modify, reflect, or repeal these
decisions. The action of the board of supervisors shall be deemed to
constitute a final administrative remedy after concurrence by the
board of supervisors of the other county.
   This section shall not be operative until adopted by resolution by
the boards of supervisors of both counties.



101765.
   Any licensed provider eligible to receive Medi-Cal reimbursement
under law and who enters into a written contract with the authority
under terms and conditions approved by the department shall be able
to participate in this program as a provider. A written agreement
shall not be required if any of the following circumstances apply:
   (a) The provider renders any medically necessary emergency health
care on a nonroutine basis.
   (b) The provider renders services that are duly authorized by the
authority, if the services are either seldom used or are rendered
outside of the service area.



101770.  All claims for money or damages against the authority are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code, except as provided in those parts, or by other
statutes or regulations expressly applicable to those parts.



101775.  In the formation of the authority pursuant to this chapter,
Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2
of Title 5 of the Government Code is not applicable.



101780.  The Board of Supervisors of Santa Barbara County may, by
ordinance or resolution, order the dissolution of the authority by
declaring that there is no need for the authority to function in the
county. The dissolution shall become effective 180 days after the
date of adoption of the resolution or ordinance ordering the
dissolution.
   As of the effective date of the dissolution of the authority, the
authority shall be dissolved, disincorporated and extinguished; its
existence shall be terminated and all of its corporate powers shall
cease, except for winding up the affairs of the authority.
   For the purpose of winding up the affairs of the dissolved
authority, the County of Santa Barbara shall be the successor.
   Upon the effective date of dissolution, control over all of the
moneys or funds, including those on hand, and those due, but
uncollected, and all property, real or personal, of the authority
shall be vested in the County of Santa Barbara for the purpose of
winding up the affairs of the authority.
   The powers of the county in winding up the affairs of the
authority and the distribution of assets of the authority, shall be
in accordance with Chapter 6 (commencing with Section 57450) of Part
5 of Division 3 of Title 5 of the Government Code. The liability of
the County of Santa Barbara as successor shall be limited to the
assets of the authority.



101781.  The Board of Supervisors of either the County of San Luis
Obispo or the County of Santa Barbara, or the board of directors of
the authority, by ordinance or resolution, may terminate the
authority's operation of a health care system or systems in the
County of San Luis Obispo. The termination shall become effective 180
days after the adoption of the ordinance or resolution. If the
termination is made by the board of supervisors of either county, the
terminating county's liability to the authority shall be limited to
the cost of terminating the authority's operations in the County of
San Luis Obispo, including, but not limited to, the costs of
terminating contracts and other obligations for space, services,
employment, health care services, required notices to beneficiaries
and subscribers, and moving expenses.