1. (a) The following definitions shall govern the interpretation of this article unless the context or subject matter otherwise requires:

   1. (1) “State or local officer or employee who is responsible for the expenditure of substantial amounts of funds under Medi-Cal” means a person holding any of the following positions, or the functional equivalents thereof, on or after September 26, 1980:

      1. (A) Governor's Office

         1. 1. Special Hospital Negotiator

      2. (B) Department of Health Services

         1. 1. Director.
         2. 2. Assistant Director.
         3. 3. Chief Deputy Director, Medical Care Services.
         4. 4. Deputy Director, Audits and Investigations Division.
         5. 5. Deputy Director, Health Care Policy and Standards Division.
         6. 6. Deputy Director, Medi-Cal Division.
         7. 7. Deputy Director, Organized Health Systems Division.

      3. (C) California Medical Assistance Commission

         1. 1. Executive Director.
         2. 2. Commissioners.
   2. (2) “Substantial amount of funds” means the amount defined by the federal Department of Health and Human Services pursuant to Section 1902 (a) (4) (c) of the federal Social Security Act as amended by Public Law 95-559.
   3. (3) “Judicial, quasi-judicial or other proceeding” means any proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties in any court or state administrative agency, including but not limited to any proceeding governed by Chapter 5, Part 1, Division 3, Title 2, Government Code.

   4. (4) “Fiscal intermediary management employee”:

      1. (A) Means any appointive or civil service employee, who had responsibilities related to development, contract negotiation, contract management, supervision, technical assistance or audit of a Medi-Cal fiscal intermediary in the:

         1. 1. Governor's Office.
         2. 2. Health and Welfare Agency.
         3. 3. Department of Health Services.
         4. 4. Controller's Office.
         5. 5. Attorney General.
         6. 6. Legislature.
      2. (B) Does not mean any employee performing in a purely clerical, secretarial or ministerial capacity.

Note: Authority cited: Sections 14030 and 14124.5, Welfare and Institutions Code; and Section 5, Ch. 1129, Statutes of 1980. Reference: Sections 14030, 14032 and 14104.6, Welfare and Institutions Code.

History

1. New Article 8 (Sections 51600-51602) filed 1-9-81 as an emergency; effective upon filing (Register 81, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-8-81. For prior history, see Register 77, No. 10.

2. Certificate of Compliance as to 1-9-81 order transmitted to OAL 5-6-81 and filed 6-5-81 (Register 81, No. 23).

3. Amendment of subsection (a)(1) filed 9-1-82 as an emergency; effective upon filing (Register 82, No. 37). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-30-82.

4. Certificate of Compliance as to 9-1-82 order transmitted to OAL 12-2-82 and filed 12-30-82 (Register 83, No.1).

5. Amendment of subsection (a)(1) filed 6-27-83 as an emergency; designated effective 7-1-83 (Register 83, No.27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-83.

6. Certificate of Compliance as to 6-27-83 order transmitted to OAL 10-14-83 and filed 11-10-83 (Register 83, No. 46).

7. Editorial correction of Note filed 12-13-84 (Register 84, No. 50).