About HCAI

Laws & Regulations

Program Statutes

Statutory authorization for the Department of Health Care Access and Information (HCAI) and its programs is primarily found in Division 107 of the Health and Safety Code, §127000 et seq.

Division 107 is divided into parts that roughly correlate to the Offices within the Department. Some HCAI Offices administer more than one program. (Note that specific program statutes may be located in other areas of the Health and Safety Code, or in other Codes.)

  • Office of Health Care Affordability – Part 2, Chapter 2.6, commencing with §127500
  • CalRx Program—Part 2, Chapter 10, commencing with §127690
  • Office of Health Workforce Development– Part 3, commencing with §127750
  • Office of Information Services– Part 5, commencing with §128675
  • Office of Health Facility Loan Insurance – Part 6, commencing with §129000
  • Office of Statewide Hospital Planning and Development– Part 7, commencing with §129675
  • Hospital Fair Billing Program (Hospital Bill Complaint Program) – Part 2, Chapter 2.5, commencing with §127400

California Codes, including the Health and Safety Code, can be accessed through the Official California Legislative Information website. Select “California Law” and then “Health and Safety Code”.

Program Regulations

Most HCAI program regulations are found in Division 7 of Title 22 of the California Code of Regulations (CCR), commencing with §90001.

Division 7 is divided into chapters – HCAI Offices may have regulations in more than one chapter.

  • Office of Health Workforce Development (Note that specific program regulations may be found in other parts of the CCR)
    • Chapter 6, commencing with §92001
    • Chapters 14 – 17, commencing with §97700.1
  • Office of Information Services
    • Chapter 9, commencing with §96040,
    • Chapter 9.5, commencing with §96060,
    • Chapter 10, commencing with §97003
  • Office of Health Facility Loan Insurance
    • Chapter 5, commencing with §91401
  • Office of Health Care Affordability
    • Chapter 11.5, commencing with §97431
  • Hospital Fair Billing Program (Hospital Bill Complaint Program)
    • Chapter 9.2, commencing with §96051

Office of Statewide Hospital Planning and Development adopts building standards that are found in Title 24.

The California Code of Regulations (except for Title 24) can be accessed through the Office of Administrative Law or directly through the California Code of Regulations.

Newly Adopted, Amended, or Repealed Regulations

Posted pursuant to Government Code Section 11343(c).

See the California Code of Regulations website to view a simple text version of the documents in this section.

Proposed Regulations

Health Care Payments Data Program

Data Use, Access, and Release

HCAI’s Health Care Payments Data Use, Access, and Release Regulations proposal was published by the Office of Administrative Law (OAL) in the California Regulatory Notice Register on June 2, 2023, which also marks the beginning of the public comment period. The last day to submit comments is July 18, 2023.  Additional rulemaking documents are linked below.  Please see the Notice of Proposed Rulemaking.

The proposed regulations are expected to be implemented in 2024. Based on comments received during the initial public comment period, HCAI proposes changes to the proposed regulations text. HCAI is making available for public comment the full text of the amended regulations for a period of 45 days ending at 5:00 p.m. Pacific Standard Time on Thursday, February 01, 2024. For more information, visit the Health Care Payments Data (HPD) Program page. 

This 15-day comment period is in response to the feedback received regarding the previous comment period initiated in December. HCAI is providing this 15-day comment period to ensure that members of the public have the opportunity to comment on the revisions to the proposed regulations. HCAI is currently accepting comments from April 4, 2024, to April 19, 2024. Please see the notice for this comment period and the text of the revised proposed regulations directly below.

HCAI has updated the Initial Statement of Reasons to include the changes indicated in the Revised Text of the Proposed Regulations. The Updated Initial Statement of Reasons is available for public review from April 4, 2024, to April 19, 2024. A link to the Updated Initial Statement of Reasons is directly below.

HCAI received the Notice of Disapproval from the Office of Administrative Law on July 10, 2024. Subsequently, the Decision of Disapproval was issued on July 17, 2024. These documents outline the formal rejection of our recent submission. We are currently reviewing the feedback to address the concerns raised.

HCAI’s Health Care Payments Program revised text of the proposed regulations was released for 15-day public comment period on September 06, 2024. The revisions are substantially related to the original proposed text and are being made available for public review and comment for a period of 15-days. All revisions are shown with a single underline and bold for new language and a single strikethrough and bold for deleted language. The last day to submit comments regarding the revised text of the proposed regulations is September 23, 2024. Please see the Notice of Modification to Text of Proposed Regulation. The revised text of the proposed regulations is linked below.

HCAI also added the following documents to the rulemaking file:

Non-Claims Payment Data Collection

The official 45-day public comment period for the Health Care Payments Data (HPD) Non-Claims Payments Data Collection Regulations will began August 2, 2024 and ended on September 17, 2024. This proposed rulemaking is to adopt is to adopt regulations to collect non-claims payments (NCP) data as part of the required HPD data collection efforts under the Health and Safety Code (HSC) section 127673(b). 

The proposed regulations have been published by the Office of Administrative Law (OAL) with the Notice of Proposed Rulemaking.  Additional documents are linked below. For more information, please visit the Health Care Payments Data Program website.

HCAI’s Health Care Payments Data Program Non-Claims Payment Data Collection revised text of the proposed regulations is released for a 15-day public comment period on November 6, 2024. The revisions are substantially related to the original proposed text and are being made available for public review and comment for at least 15-days prior to adoption. HCAI also modified and/or added documents to the rulemaking file. All revisions are shown with double underline for new language and double strikethrough for deleted language. The last day to submit comments regarding the revised text of the proposed regulations and documents modified and/or added to the rulemaking file is November 22, 2024.  

Please see the  Notice of Modification to Regulations. The revised text and documents modified and/or added to the rulemaking file are linked below. For more information, please visit the Health Care Payments Data Program website.

Health Care Affordability

Statewide Spending Target

The Health Care Affordability Board’s Adopted Spending Target (April 2024 meeting) has been codified in regulation as Statewide Spending Target, section 97447 in Health Care Spending Targets, Article 2 of Chapter 11.5 of Division 7 of Title 22, California Code of Regulations, effective June 27, 2024.

Cost and Market Impact Review (CMIR)

The Office of Health Care Affordability (OHCA) adopted emergency regulations to implement the Health Care Market Oversight Program (Cost and Market Impact Review). The Official current regulations in full are here.

On August 22, 2024, the Office of Administrative Law approved and filed with the Secretary of State revisions to the Cost and Market Impact Review (CMIR) regulations (Material Change Transactions and Pre-Transaction Review, Article 1 of Chapter 11.5 of Division 7 of Title 22, California Code of Regulations).

Archive for Prior Regulatory Work on this Topic

Total Health Care Expenditures (THCE) Data Submission

On July 1, 2024, the Office of Administrative Law approved OHCA’s proposed action to amend Article 2, Chapter 11.5, Division 7 of Title 22, California Code of Regulations (CCR) section 97445. The amendments were adopted in compliance with Title 1, Division 1, Chapter 1, Article 2, section 100, of the CCR, and do not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element of any CCR. This regulatory action became effective on July 1, 2024. 

The reasons for the amendments are specified here. The amendments may be viewed using the following links:

Archive for Prior Regulatory Work on this Topic

Distressed Hospital Financial Monitoring

HCAI’s Distressed Hospital Financial Monitoring regulations proposal was published by the Office of Administrative Law (OAL) in the California Regulatory Notice Register on November 8, 2024, which also marks the beginning of the public comment period. Comments must be submitted by Noon on December 24, 2024.  The Notice and other rulemaking documents are linked below.

Hospital Community Benefits Plan Reporting Program

HCAI’s Hospital Community Benefits Plan (CBP) Reporting Program regulation proposal was submitted to the Office of Administrative Law (OAL), and the public comment period began on Friday April 19, 2024. All comments must be received by 5:00 p.m. on June 4, 2024. The proposed regulations are expected to be implemented on October 1, 2024. Please see the Notice of Proposed Rulemaking. Additional rulemaking documents are linked below. For more information, visit the Hospital Community Benefits Plan (CBP) Reporting Program web page.

HCAI’s Hospital Community Benefits Plan Reporting Program revised text of the proposed regulations was released for 15-day public comment period on August 26, 2024. The revisions are substantially related to the original proposed text and are being made available for public review and comment for a period of at least 15 days prior to adoption. All revisions are shown with a double underline  for new language and a double strikethrough   for deleted language. The last day to submit comments regarding the revised text of the proposed regulations is September 11, 2024. Please see the Notice of Modification to Text of Proposed Regulation. The revised text of the proposed regulations is linked below.

HCAI’s Hospital Community Benefits Plan Reporting Program revised text of the proposed regulations was released for 15-day public comment period on December 23, 2024. The revisions are substantially related to the original proposed text and are being made available for public review and comment for a period of at least 15 days prior to adoption. All revisions are noted in Italics for new language and a single strikethrough for deleted language. The last day to submit comments regarding the revised text of the proposed regulations is January 7, 2025. Please see the Notice of Modification to Text of Proposed Regulation and addition of documents added to the rulemaking file.

Hospital Equity Measures Reporting Program

HCAI’s Hospital Equity Measures Reporting Program regulation proposal was submitted to the Office of Administrative Law (OAL), and the public comment period began on Friday June 28, 2024. All comments must be received by 5:00 p.m. on August 13, 2024. The proposed regulations are expected to be implemented on January 1, 2025. Please see the Notice of Proposed Rulemaking. Additional rulemaking documents are linked below. For more information, visit the Hospital Equity Measures Reporting Program web page.

HCAI is restarting the 15-day notice period for the Hospital Equity Measures Reporting Program’s revised text of the proposed regulations due to a minor clerical error in the original announcement.

HCAI’s Hospital Equity Measures Reporting Program revised text of the proposed regulations was released for 15-day public comment period on October 14, 2024. The revisions are substantially related to the original proposed text and are being made available for public review and comment for a period of at least 15 days prior to adoption. All revisions are shown with a double underline for new language and a double strikethrough for deleted language. The last day to submit comments regarding the revised text of the proposed regulations is October 29, 2024. Please see the Notice of Modification to Text of Proposed Regulation and addition of documents modified and/or added to the rulemaking file. The revised text of the proposed regulations is linked below.

Conflict of Interest

The Political Reform Act of 1974 requires certain officials and employees who serve in positions designated in an agency’s conflict of interest code to publicly disclose specified personal economic interests. Such economic interests are disclosed on the Form 700, Statement of Economic Interests. Pursuant to Government Code section 81008, Form 700 Statement of Economic Interests are public records and will be made available for public inspection.

The HCAI Conflict of Interest Code identifies the positions that are subject to the Form 700 Statement of Economic Interests filing requirements. It also specifies the types of economic interests required to be disclosed. For any questions contact the HCAI Filing Officer.

View Conflict of Interest Code