Terms Used In California Codes > Health and Safety Code > Division 7 > Part 1 - GENERAL PROVISIONS

• Adult: means an individual who is at least 18 years of age. See California Health and Safety Code 7150.10
• Affiliation period: means a period that, under the terms of the health care service plan contract, is required to elapse before health care services under the contract become effective. See California Health and Safety Code 1357
• Agent: means an individual who meets either of the following criteria:

  California Health and Safety Code 7150.10

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See California Health and Safety Code 7150.10
• Appraisal: A determination of property value.
• armory: means and includes any building or portion thereof, rifle range, camp site, airport, arsenal, vessel, quarters, accommodations, or training facilities devoted to the use of the militia. See California Military and Veterans Code 430
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Basic health care services: includes ambulance and ambulance transport services provided through the "911" emergency response system. See California Health and Safety Code 1345
• Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

  California Probate Code 24

• Bonds: as used in this chapter means bonds, warrants, notes and other evidences of indebtedness issued by or on behalf of any public body. See California Government Code 5601
• Bonds: as used in this chapter means (a) any bonds or other evidences of indebtedness issued after the effective date of this chapter by the state or any state department, board, agency or authority or (b) any bonds or other evidences of indebtedness issued by any joint powers agency created under Chapter 5 (commencing with Section 6500) of Division 7 that are payable from payments made with respect to a lease or sale of property to or from the state or any state department, board, agency, or authority. See California Government Code 5700
• Bonds: means general obligation bonds, revenue bonds, or any derivative evidence of indebtedness which includes, but is not limited to, interests in pools, money market mutual funds, and unit investment trusts, issued by or on behalf of any state agency. See California Government Code 5751
• building: includes onsite and offsite facilities, utilities and improvements that, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the district and the private person, firm, or corporation. See California Education Code 17515
• Chambers: A judge's office.
• Community property: means :

  California Probate Code 28

• Conservatee: includes a limited conservatee. See California Probate Code 29
• Conservator: includes a limited conservator. See California Probate Code 30
• Conservator: means the conservator of the estate, or the limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator. See California Probate Code 2400
• Construction manager: means a partnership, corporation, or other legal entity that is a licensed contractor pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of . See California Public Contract Code 10112.1
• Creditable coverage: means :

  California Health and Safety Code 1357

• Decedent: A deceased person.
• Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift. See California Health and Safety Code 7150.10
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Water Resources. See California Public Contract Code 10112.1
• Dependent: means the spouse or child of an eligible employee, subject to applicable terms of the health care plan contract covering the employee, and includes dependents of guaranteed association members if the association elects to include dependents under its health coverage at the same time it determines its membership composition pursuant to subdivision (o). See California Health and Safety Code 1357
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. See California Health and Safety Code 7150.10
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Document of gift: means a donor card or other record used to make an anatomical gift. See California Health and Safety Code 7150.10
• Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
• Domestic partner: means a person who is registered under §. See California Health and Safety Code 7150.10
• Donor: means an individual whose body or part is the subject of an anatomical gift. See California Health and Safety Code 7150.10
• Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts, including, but not limited to, the Donate Life California Organ and Tissue Donor Registry. See California Health and Safety Code 7150.10
• Eligible employee: means either of the following:

  California Health and Safety Code 1357

• Enrollee: means a person who is enrolled in a plan and who is a recipient of services from the plan. See California Health and Safety Code 1345
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Estate: means all of the conservatee's or ward's personal property, wherever located, and real property located in this state. See California Probate Code 2400
• Evidence of coverage: means any certificate, agreement, contract, brochure, or letter of entitlement issued to a subscriber or enrollee setting forth the coverage to which the subscriber or enrollee is entitled. See California Health and Safety Code 1345
• evidence of indebtedness: includes , but is not limited to, certificates of participation or interests in any rental or lease payments or installment purchase payments, in an aggregate principal amount exceeding $10,000,000, to be made by the state or any state department, board, agency, or authority with respect to buildings or other capital improvements. See California Government Code 5700
• Executor: A male person named in a will to carry out the decedent
• Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See California Health and Safety Code 7150.10
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
• Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Probate Code 40
• fiscal year: means a year commencing on July 1 and ending on the next June 30. See California Health and Safety Code 33492.28
• Governing body: means the board, authority, trustees, director, commission, committee, secretary, or other policy making body that exercises authority over a state agency. See California Government Code 5751
• Group contract: means a contract which by its terms limits the eligibility of subscribers and enrollees to a specified group. See California Health and Safety Code 1345
• Guaranteed association: means a nonprofit organization comprised of a group of individuals or employers who associate based solely on participation in a specified profession or industry, accepting for membership any individual or employer meeting its membership criteria, and that (1) includes one or more small employers as defined in paragraph (1) of subdivision (l), (2) does not condition membership directly or indirectly on the health or claims history of any person, (3) uses membership dues solely for and in consideration of the membership and membership benefits, except that the amount of the dues shall not depend on whether the member applies for or purchases insurance offered to the association, (4) is organized and maintained in good faith for purposes unrelated to insurance, (5) has been in active existence on January 1, 1992, and for at least five years prior to that date, (6) has included health insurance as a membership benefit for at least five years prior to January 1, 1992, (7) has a constitution and bylaws, or other analogous governing documents that provide for election of the governing board of the association by its members, (8) offers any plan contract that is purchased to all individual members and employer members in this state, (9) includes any member choosing to enroll in the plan contracts offered to the association provided that the member has agreed to make the required premium payments, and (10) covers at least 1,000 persons with the health care service plan with which it contracts. See California Health and Safety Code 1357
• Guardian: means the guardian of the estate. See California Probate Code 2400
• Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See California Health and Safety Code 7150.10
• Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See California Health and Safety Code 7150.10
• Identification card: means an identification card issued by the Department of Motor Vehicles. See California Health and Safety Code 7150.10
• In force business: means an existing health benefit plan contract issued by the plan to a small employer. See California Health and Safety Code 1357
• Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
• Insured account in a financial institution: means an account in a bank, an account in an insured credit union, and an account in an insured savings and loan association, to the extent that the account is insured. See California Probate Code 46
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• interested person: includes any of the following:

  California Probate Code 48

• Intestate: Dying without leaving a will.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Know: means to have actual knowledge. See California Health and Safety Code 7150.10
• Late enrollee: means an eligible employee or dependent who has declined enrollment in a health benefit plan offered by a small employer at the time of the initial enrollment period provided under the terms of the health benefit plan and who subsequently requests enrollment in a health benefit plan of that small employer, provided that the initial enrollment period shall be a period of at least 30 days. See California Health and Safety Code 1357
• License: means , and "licensed" refers to, a license as a plan pursuant to Section 1353. See California Health and Safety Code 1345
• licensed: refers to , a license as a plan pursuant to Section 1353. See California Health and Safety Code 1345
• Minor: means an individual who is under 18 years of age. See California Health and Safety Code 7150.10
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• New business: means a health care service plan contract issued to a small employer that is not the plan's in force business. See California Health and Safety Code 1357
• Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See California Health and Safety Code 7150.10
• Parent: means a parent whose parental rights have not been terminated. See California Health and Safety Code 7150.10
• Part: means an organ, an eye, or tissue of a human being. See California Health and Safety Code 7150.10
• Participant: as used in this article , means a seller of travel, as defined in Section 17550. See California Business and Professions Code 17550.36
• Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
• Person: means any person, individual, firm, association, organization, partnership, business trust, foundation, labor organization, corporation, limited liability company, public agency, or political subdivision of the state. See California Health and Safety Code 1345
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Health and Safety Code 7150.10
• Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See California Health and Safety Code 7150.10
• plan: refers to health care service plans and specialized health care service plans. See California Health and Safety Code 1345
• Plan contract: means a contract between a plan and its subscribers or enrollees or a person contracting on their behalf pursuant to which health care services, including basic health care services, are furnished. See California Health and Safety Code 1345
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Preconstruction services: means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the department to design a more constructible project. See California Public Contract Code 10112.1
• Preexisting condition provision: means a contract provision that excludes coverage for charges or expenses incurred during a specified period following the employee's effective date of coverage, as to a condition for which medical advice, diagnosis, care, or treatment was recommended or received during a specified period immediately preceding the effective date of coverage. See California Health and Safety Code 1357
• Probate: Proving a will
• Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
• Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See California Health and Safety Code 7150.10
• project: includes the erection, construction, alteration, repair, or improvement of any state structure, building, road, or other state improvement of any kind that will exceed a total cost calculated pursuant to subdivision (b). See California Public Contract Code 10105
• Project: means public works necessary for the construction, maintenance, or operation of elements of State Water Facilities, as defined in §. See California Public Contract Code 10112.1
• Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
• Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See California Health and Safety Code 7150.10
• Provider: means any professional person, organization, health facility, or other person or institution licensed by the state to deliver or furnish health care services. See California Health and Safety Code 1345
• public body: means any county, city and county, city, municipal corporation, political subdivision, public district, public corporation or public authority, or any agency thereof. See California Government Code 5651
• Public entity: as used in this part , means the state, county, city, city and county, district, public authority, public agency, municipal corporation, or any other political subdivision or public corporation in the state. See California Public Contract Code 1100
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• public securities: means any issue of bonds, notes, warrants or other evidences of indebtedness and the interest coupons, if any, attached thereto, issued or proposed to be issued by any public body. See California Government Code 5650
• Rating period: means the period for which premium rates established by a plan are in effect and shall be no less than six months. See California Health and Safety Code 1357
• Real property: includes a leasehold interest in real property. See California Probate Code 68
• Reasonably available: means able to be contacted by a procurement organization, without undue effort, and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See California Health and Safety Code 7150.10
• Recipient: means an individual into whose body a decedent's part has been, or is intended to be, transplanted. See California Health and Safety Code 7150.10
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Health and Safety Code 7150.10
• Refusal: means a record created under Section 7150. See California Health and Safety Code 7150.10
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Risk adjusted employee risk rate: means the rate determined for an eligible employee of a small employer in a particular risk category after applying the risk adjustment factor. See California Health and Safety Code 1357
• Risk adjustment factor: means the percentage adjustment to be applied equally to each standard employee risk rate for a particular small employer, based upon any expected deviations from standard cost of services. See California Health and Safety Code 1357
• Risk category: means the following characteristics of an eligible employee: age, geographic region, and family composition of the employee, plus the health benefit plan selected by the small employer. See California Health and Safety Code 1357
• Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
• Service area: means a geographical area designated by the plan within which a plan shall provide health care services. See California Health and Safety Code 1345
• Service of process: The service of writs or summonses to the appropriate party.
• Sign: means , to do either of the following with the present intent to authenticate or adopt a record:

  California Health and Safety Code 7150.10

• Small employer: means either of the following:

  California Health and Safety Code 1357

• Solicitation: means any presentation or advertising conducted by, or on behalf of, a plan, where information regarding the plan, or services offered and charges therefor, is disseminated for the purpose of inducing persons to subscribe to, or enroll in, the plan. See California Health and Safety Code 1345
• Solicitor: means any person who engages in the acts defined in subdivision ( l). See California Health and Safety Code 1345
• Solicitor firm: means any person, other than a plan, who through one or more solicitors engages in the acts defined in subdivision ( l). See California Health and Safety Code 1345
• specialized health care service plan: means either of the following:

  California Health and Safety Code 1345

• Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
• Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• Standard employee risk rate: means the rate applicable to an eligible employee in a particular risk category in a small employer group. See California Health and Safety Code 1357
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Health and Safety Code 7150.10
• Subscriber: means the person who is responsible for payment to a plan or whose employment or other status, except for family dependency, is the basis for eligibility for membership in the plan. See California Health and Safety Code 1345
• Technician: means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See California Health and Safety Code 7150.10
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Tissue: means a portion of the human body other than an organ or an eye. See California Health and Safety Code 7150.10
• Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See California Health and Safety Code 7150.10
• Trust: includes the following:

  California Probate Code 82

• Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Probate Code 83
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Ward or conservatee: includes a proposed ward or proposed conservatee. See California Probate Code 2210
• Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88