(

a) Every health facility licensed pursuant to

Chapter 2 (commencing with

Section 1250) of Division 2, except a health facility owned and operated by the state, shall each year be charged a fee established by the department consistent with the requirements of this section. (

b) Commencing in calendar year 2004, every freestanding ambulatory surgery clinic as defined in

Section 128700, shall each year be charged a fee established by the department consistent with the requirements of this section. (

c) The fee structure shall be established each year by the department to produce revenues equal to the appropriation made in the annual Budget Act or another statute to pay for the functions required to be performed by the department pursuant to this chapter,

Article 2 (commencing with

Section 127340) of

Chapter 2, or

Chapter 1 (commencing with

Section 128675) of

Part 5, and to pay for any other health-related programs administered by the department. The fee shall be due on July and delinquent on July of each year. (

d) The fee for a health facility that is not a hospital, as defined in subdivision (

f) of

Section 128700, shall be not more than 0.035 percent of the gross operating cost of the facility for the provision of health care services for its last fiscal year that ended on or before June of the preceding calendar year. (

e) The fee for a hospital, as defined in subdivision (

f) of

Section 128700, shall be not more than 0.035 percent of the gross operating cost of the facility for the provision of health care services for its last fiscal year that ended on or before June of the preceding calendar year. (f)

(1) The fee for a freestanding ambulatory surgery clinic shall be established at an amount equal to the number of ambulatory surgery data records submitted to the department pursuant to

Section for encounters in the preceding calendar year multiplied by not more than fifty cents ($0.50). (2) (

A) For the calendar year only, a freestanding ambulatory surgery clinic shall estimate the number of records it will file pursuant to

Section for the calendar year and shall report that number to the department by March 12, 2004. The estimate shall be as accurate as possible. The fee in the calendar year shall be established initially at an amount equal to the estimated number of records reported multiplied by fifty cents ($0.50) and shall be due on July and delinquent on July 31, 2004. (

B) The department shall compare the actual number of records filed by each freestanding clinic for the calendar year pursuant to

Section with the estimated number of records reported pursuant to subparagraph (A). If the actual number reported is less than the estimated number reported, the department shall reduce the fee of the clinic for calendar year by the amount of the difference multiplied by fifty cents ($0.50).

If the actual number reported exceeds the estimated number reported, the department shall increase the fee of the clinic for calendar year by the amount of the difference multiplied by fifty cents ($0.50) unless the actual number reported is greater than percent of the estimated number reported, in which case the department shall increase the fee of the clinic for calendar year by the amount of the difference, up to and including percent of the estimated number, multiplied by fifty cents ($0.50), and by the amount of the difference in excess of percent of the estimated number multiplied by one dollar ($1). (

g) There is hereby established the California Health Data and Planning Fund within the department for the purpose of receiving and expending fee revenues collected pursuant to this chapter. (

h) Any amounts raised by the collection of the special fees provided for by subdivisions (d), (e), and (

f) that are not required to meet appropriations in the Budget Act for the current fiscal year shall remain in the California Health Data and Planning Fund and shall be available to the department in succeeding years when appropriated by the Legislature in the annual Budget Act or another statute, for expenditure under the provisions of this chapter,

Article 2 (commencing with

Section 127340) of

Chapter 2, and

Chapter 1 (commencing with

Section 128675) of

Part 5, or for any other health-related programs administered by the department, and shall reduce the amount of the special fees that the department is authorized to establish and charge. In no event, however, shall those amounts be used for programs administered by the department pursuant to Sections 127676, 127679, 127681, 127683, and 127685, that become effective on or after January 1, 2019. (i)

(1) No health facility liable for the payment of fees required by this

section shall be issued a license or have an existing license renewed unless the fees are paid. A new, previously unlicensed, health facility shall be charged a pro rata fee to be established by the department during the first year of operation.

(2) The license of any health facility, against which the fees required by this

section are charged, shall be revoked, after notice and hearing, if it is determined by the department that the fees required were not paid within the time prescribed by subdivision (c). (

j) This

section shall become operative on January 1, 2002.