(a)
The department shall charge a fee to all programs for licensure or certification by the department, regardless of the form of organization or ownership of the program.
(b)
The department may establish fee scales using different capacity levels, categories based on measures other than program capacity, or any other category or classification that the department deems necessary or convenient to maintain an effective and equitable fee structure.
(c)
Licensing and certification fees shall be evaluated annually, taking into consideration the overall cost of the residential and outpatient licensing and certification activities of the department, including initial issuance, renewals, complaints,
enforcement activity, related litigation, and any other program activity relating to licensure and certification, plus a reasonable reserve. Any excess fees remaining in the Residential and Outpatient Program Licensing Fund pursuant to Section 11833.03 at the end of each fiscal year shall be carried forward and taken into consideration in setting the amount of fees imposed in the immediately subsequent fiscal year.
(d)
No sooner than July 1, 2027, the department is authorized to approve a fee increase, up to and including 5 percent on an annual basis, as needed to address the costs of licensing and certification activities identified in subdivision (c).
(e)
If the department proposes new fees or an increase in fees in excess of 5 percent, the department shall submit those new fees or fee increases to the Legislature for approval no later than April 1 of each year as part of the
spring finance letter process. New fees or fee increases in excess of 5 percent shall not be implemented without legislative approval.
(f)
The department shall issue a provider bulletin pursuant to Section 11833.04 setting forth the fee structure. The department shall, on an annual basis, publish the current fee structure on the department’s internet website.
(g)
To provide access to quality substance use disorder services, the department shall develop a process for programs and facilities to apply for a hardship fee waiver. The department shall issue a provider bulletin pursuant to Section 11833.04 detailing the process to apply for a hardship fee waiver that includes eligibility requirements for demonstrated need by July 1, 2024.
(h)
Unless funds are specifically appropriated from the General Fund in the annual
Budget Act or other legislation to support the division, the Licensing and Certification Division, no later than the beginning of the 2010–11 fiscal year, shall be supported entirely by federal funds and special funds.
