San Luis Obispo County Municipal Code Ch. 28.04 Incremental Transfer of Additional Duties and Powers

The powers of the hospital authority are limited by California Health and Safety Code Section 101849.1, which provides that "A hospital authority that is created pursuant to this article but which does not obtain the administration, management and control of General Hospital and the Family Care Centers or which has those duties revoked by the board of supervisors shall not be empowered with the powers enumerated in this chapter."

(Ord. 2903 § 1 (part), 2000)

(a) The transfer of the governance, administration, operations and maintenance of General Hospital and the Family Care Centers shall occur in an incremental manner through a series of coordinated phases. The intent of this phased-in implementation is to coordinate the transfer and to make it as smooth as possible for the patient population and for affected employees, staff, and governing board members.

(b) The effective date of transfer of governance shall be the date that the last of the following occur: (1) completion of all tasks identified as prerequisites to the transfer of governance in the hospital authority governance implementation plan, and (2) issuance to the hospital authority of a general acute care hospital license for General Hospital and the Family Care Centers.

(c) The individual phases shall be implemented as set forth in the hospital authority governance implementation plan approved by the board of supervisors. The implementation plan shall provide for: (1) prerequisites to the formal transfer of operations and maintenance of the medical center; (2) the formal transfer of the operations and maintenance; (3) the transfer of the personnel. Progress on these phases may occur concurrently except as otherwise provided in the transition plan. The formal transfer of operations shall not occur until the prerequisites for such transfer have been substantially completed. The transfer of personnel shall not occur until the formal transfer of governance.

(d) The county may lend the hospital authority funds in a manner consistent with applicable law and county policy.

(e) The hospital authority may engage in marketing, advertising, and promotion of the medical and health care services to be made available to the community at the medical center.

(f) The hospital authority shall accept the assignment and delegation of all contracts in which the County of San Luis Obispo is a party on behalf of General Hospital or the Family Care Centers. Once assigned, the hospital authority shall possess those rights and perform the duties previously attributed to the County of San Luis Obispo, including the right to terminate the contracts pursuant to the contract terms.

(Ord. 2903 § 1 (part), 2000)

(a) The board of supervisors shall adopt a personnel transition plan as set forth in Section 101844(b) of the Health and Safety Code.

(b) A transfer of functions from county employee classifications to the hospital authority prior to the transfer of the governance, maintenance, operation and management of the medical center, if any, shall result in the recognition of affected employee organizations pursuant to Section 101844(a) and the operation of the memorandum of understanding that is in effect at that time.

(Ord. 2903 § 1 (part), 2000)