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| 1 | + | Amended IN Senate April 08, 2025 Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 582Introduced by Senator Stern(Principal coauthors: Senators Cervantes, Cortese, Gonzalez, Prez, Reyes, Richardson, Smallwood-Cuevas, and Umberg)February 20, 2025An act to amend Section 1569.695 of, to add Section 1418.23 to, to add Article 6 (commencing with Section 11834.60) to Chapter 7.5 of Part 2 of Division 10.5 of, and to add Chapter 15 (commencing with Section 1796.80) to Division 2 of, and to add Article 6 (commencing with Section 11834.60) to Chapter 7.5 of Part 2 of Division 10.5 of, the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTSB 582, as amended, Stern. Health and care facilities: licensing during emergencies or disasters.Existing law provides for the licensure of clinics and various health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, generally requires the department to license, inspect, and regulate long-term health care facilities, including skilled nursing facilities. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the act, as specified.This bill would require skilled nursing facilities to submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause. The bill would require the plan to be maintained with the county medical and health disaster plan, as specified. The bill would authorize the MHOAC or other specified person or entity to recommend revisions to the plan, and would require the skilled nursing facility to incorporate those recommended revisions to the extent feasible. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.Existing law provides for the licensure of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Existing law requires an RCFE to have an emergency and disaster plan that includes specified information, including evacuation procedures. Under existing law, an RCFE is encouraged to have the plan be reviewed by local emergency authorities. Violation of these provisions is a crime.This bill would instead require an RCFE to provide a copy of its emergency and disaster plan to the MHOAC, as specified, for the purposes of local disaster coordination. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. Existing law provides for the licensure of various facilities, including community care facilities, residential care facilities for the elderly, RCFEs, child daycare facilities, and medical foster homes for veterans by the State Department of Social Services. Existing law provides for the licensure of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services.This bill would set forth provisions for the licensing status of certain entities that are made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of a state of emergency proclaimed by the Governor, a federal emergency declaration, a federal major disaster declaration, or a federal fire management assistance declaration. The bill would apply to clinics, certain health facilities, certain community care facilities, residential care facilities for the elderly, RCFEs, child daycare facilities, medical foster homes for veterans, and alcohol or other drug recovery or treatment facilities.This bill would authorize the State Department of Health Care Services to allow a facility that is made nonoperational as described above, and require the State Department of Public Health and the State Department of Social Services to allow an entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the facility or entity notifies the department that it intends to become operational again in the same or alternative location. The bill would require the entity to notify the applicable department within 6 months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license.In the case of an entity that was destroyed in a fire and is being rebuilt for the same purpose, and that is allowed to obtain a disaster suspension of its active license, the bill would authorize the applicable department to waive the annual state licensing fees for the entity on a year-by-year basis.If an entity is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license, the bill would require the governing state departments to coordinate operational steps, as specified.The bill would require the State Department of Public Health or the State Department of Social Services, as applicable, for the duration of the first 30 calendar days following a proclamation or declaration, to waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS) or childcare programs, for purposes of an entity made nonoperational.The bill would require the State Department of Social Services to collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to the above-described provisions, as applicable.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On January 7, 2025, the Los Angeles area experienced the development of two massive wildfires, sweeping through established communities, leveling thousands of homes and businesses, and changing the course of peoples lives.(b) Among the losses were dozens of state-licensed entities, including, but not limited to, skilled nursing facilities, adult residential facilities, other assisted living facilities, childcare centers and homes, and childrens residential care facilities. Each of these losses is compounded by other facilities or other entities becoming nonoperational in the fires.(c) Replacing the lost licensing capacity, or maintaining the licensing capacity, of these entities will be critical to returning these communities to their former vibrancy.(d) It is the intent of the Legislature to facilitate the recovery and rebuilding of state-licensed facilities and other entities as quickly as possible.SEC. 2. Section 1418.23 is added to the Health and Safety Code, to read:1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b) Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c) The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d) The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible.SEC. 3. Section 1569.695 of the Health and Safety Code is amended to read:1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j)A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan.SEC. 2.SEC. 4. Chapter 15 (commencing with Section 1796.80) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 15. Licensing During Emergencies or Disasters1796.80. This chapter shall apply to all of the following entities:(a) The following entities within the jurisdiction of the State Department of Public Health:(1) Clinic, as defined in Section 1200.(2) The following entities, as defined in Section 1250:(A) Skilled nursing facility.(B) Intermediate care facility.(C) Intermediate care facility/developmentally disabled habilitative.(D) Intermediate care facility/developmentally disabled.(E) Intermediate care facility/developmentally disabled-nursing.(F) Congregate living health facility.(G) Intermediate care facility/developmentally disabled-continuous nursing.(H) Hospice facility.(b) The following entities within the jurisdiction of the State Department of Social Services:(1) The following entities, as defined in Section 1502:(A) Residential facility.(B) Adult day program.(C) Foster family home.(D) Small family home.(E) Transitional shelter care facility.(F) Transitional housing placement provider.(G) Enhanced behavioral supports home.(H) Community crisis home.(I) Crisis nursery.(J) Short-term residential therapeutic program.(2) Adult residential facility, as defined in Section 1562.1.(3) Medical foster home for veterans, as defined in Section 1568.21.(4) Residential care facility for the elderly, as defined in Section 1569.2.(5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following:(A) Daycare center, as defined in Section 1596.76.(B) Employer-sponsored childcare center, as defined in Section 1596.771.(C) Family daycare home, as defined in Section 1596.78.(D) Schoolage childcare center, as defined in Section 1596.7915.(E) Drop-in childcare center, as defined in Section 1596.7916.1796.81. This chapter shall apply to all of the following proclamations or declarations:(a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code.(b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act).(c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act.(d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations.1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again.1796.83. In the case of an entity listed in Section 1796.80 that was destroyed in a fire is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis.1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days.1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81.SEC. 3.SEC. 5. Article 6 (commencing with Section 11834.60) is added to Chapter 7.5 of Part 2 of Division 10.5 of the Health and Safety Code, to read: Article 6. Licensing During Emergencies or Disasters11834.60. This article shall apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, within the jurisdiction of the State Department of Health Care Services.11834.61. This article shall apply to all of the emergency or disaster proclamations or declarations that are listed in Section 1796.81.11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply:(1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again.11834.63. In the case of an alcohol or other drug recovery or treatment facility that was destroyed in a fire and is being rebuilt for the same purpose, if the department has allowed the facility to obtain a disaster suspension of its active license pursuant to Section 11834.62, the department may waive, in whole or in part, the annual state licensing fees for the facility on a year-by-year basis.11834.64. If an alcohol or other drug recovery or treatment facility subject to this article is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 11834.62, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
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| 3 | + | Amended IN Senate April 08, 2025 Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 582Introduced by Senator Stern(Principal coauthors: Senators Cervantes, Cortese, Gonzalez, Prez, Reyes, Richardson, Smallwood-Cuevas, and Umberg)February 20, 2025An act to amend Section 1569.695 of, to add Section 1418.23 to, to add Article 6 (commencing with Section 11834.60) to Chapter 7.5 of Part 2 of Division 10.5 of, and to add Chapter 15 (commencing with Section 1796.80) to Division 2 of, and to add Article 6 (commencing with Section 11834.60) to Chapter 7.5 of Part 2 of Division 10.5 of, the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTSB 582, as amended, Stern. Health and care facilities: licensing during emergencies or disasters.Existing law provides for the licensure of clinics and various health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, generally requires the department to license, inspect, and regulate long-term health care facilities, including skilled nursing facilities. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the act, as specified.This bill would require skilled nursing facilities to submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause. The bill would require the plan to be maintained with the county medical and health disaster plan, as specified. The bill would authorize the MHOAC or other specified person or entity to recommend revisions to the plan, and would require the skilled nursing facility to incorporate those recommended revisions to the extent feasible. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.Existing law provides for the licensure of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Existing law requires an RCFE to have an emergency and disaster plan that includes specified information, including evacuation procedures. Under existing law, an RCFE is encouraged to have the plan be reviewed by local emergency authorities. Violation of these provisions is a crime.This bill would instead require an RCFE to provide a copy of its emergency and disaster plan to the MHOAC, as specified, for the purposes of local disaster coordination. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. Existing law provides for the licensure of various facilities, including community care facilities, residential care facilities for the elderly, RCFEs, child daycare facilities, and medical foster homes for veterans by the State Department of Social Services. Existing law provides for the licensure of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services.This bill would set forth provisions for the licensing status of certain entities that are made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of a state of emergency proclaimed by the Governor, a federal emergency declaration, a federal major disaster declaration, or a federal fire management assistance declaration. The bill would apply to clinics, certain health facilities, certain community care facilities, residential care facilities for the elderly, RCFEs, child daycare facilities, medical foster homes for veterans, and alcohol or other drug recovery or treatment facilities.This bill would authorize the State Department of Health Care Services to allow a facility that is made nonoperational as described above, and require the State Department of Public Health and the State Department of Social Services to allow an entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the facility or entity notifies the department that it intends to become operational again in the same or alternative location. The bill would require the entity to notify the applicable department within 6 months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license.In the case of an entity that was destroyed in a fire and is being rebuilt for the same purpose, and that is allowed to obtain a disaster suspension of its active license, the bill would authorize the applicable department to waive the annual state licensing fees for the entity on a year-by-year basis.If an entity is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license, the bill would require the governing state departments to coordinate operational steps, as specified.The bill would require the State Department of Public Health or the State Department of Social Services, as applicable, for the duration of the first 30 calendar days following a proclamation or declaration, to waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS) or childcare programs, for purposes of an entity made nonoperational.The bill would require the State Department of Social Services to collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to the above-described provisions, as applicable.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES | |
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| 5 | + | Amended IN Senate April 08, 2025 Amended IN Senate March 24, 2025 | |
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| 7 | - | Amended IN Senate April 22, 2025 | |
| 8 | 7 | Amended IN Senate April 08, 2025 | |
| 9 | 8 | Amended IN Senate March 24, 2025 | |
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| 13 | 10 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 14 | 11 | ||
| 15 | 12 | Senate Bill | |
| 16 | 13 | ||
| 17 | 14 | No. 582 | |
| 18 | 15 | ||
| 19 | 16 | Introduced by Senator Stern(Principal coauthors: Senators Cervantes, Cortese, Gonzalez, Prez, Reyes, Richardson, Smallwood-Cuevas, and Umberg)February 20, 2025 | |
| 20 | 17 | ||
| 21 | 18 | Introduced by Senator Stern(Principal coauthors: Senators Cervantes, Cortese, Gonzalez, Prez, Reyes, Richardson, Smallwood-Cuevas, and Umberg) | |
| 22 | 19 | February 20, 2025 | |
| 23 | 20 | ||
| 24 | - | ||
| 25 | - | ||
| 26 | - | An act to amend Section 1569.695 of, to add Section 1418.23 to, to add Article 6 (commencing with Section 11834.60) to Chapter 7.5 of Part 2 of Division 10.5 of, and to add Chapter 15 (commencing with Section 1796.80) to Division 2 of, the Health and Safety Code, relating to health and care facilities. | |
| 21 | + | An act to amend Section 1569.695 of, to add Section 1418.23 to, to add Article 6 (commencing with Section 11834.60) to Chapter 7.5 of Part 2 of Division 10.5 of, and to add Chapter 15 (commencing with Section 1796.80) to Division 2 of, and to add Article 6 (commencing with Section 11834.60) to Chapter 7.5 of Part 2 of Division 10.5 of, the Health and Safety Code, relating to health and care facilities. | |
| 27 | 22 | ||
| 28 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 24 | ||
| 30 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 31 | 26 | ||
| 32 | 27 | SB 582, as amended, Stern. Health and care facilities: licensing during emergencies or disasters. | |
| 33 | 28 | ||
| 34 | - | Existing law provides for the licensure of clinics and various health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, generally requires the department to license, inspect, and regulate long-term health care facilities, including skilled nursing facilities. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the act, as specified | |
| 29 | + | Existing law provides for the licensure of clinics and various health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, generally requires the department to license, inspect, and regulate long-term health care facilities, including skilled nursing facilities. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the act, as specified.This bill would require skilled nursing facilities to submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause. The bill would require the plan to be maintained with the county medical and health disaster plan, as specified. The bill would authorize the MHOAC or other specified person or entity to recommend revisions to the plan, and would require the skilled nursing facility to incorporate those recommended revisions to the extent feasible. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.Existing law provides for the licensure of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Existing law requires an RCFE to have an emergency and disaster plan that includes specified information, including evacuation procedures. Under existing law, an RCFE is encouraged to have the plan be reviewed by local emergency authorities. Violation of these provisions is a crime.This bill would instead require an RCFE to provide a copy of its emergency and disaster plan to the MHOAC, as specified, for the purposes of local disaster coordination. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. Existing law provides for the licensure of various facilities, including community care facilities, residential care facilities for the elderly, RCFEs, child daycare facilities, and medical foster homes for veterans by the State Department of Social Services. Existing law provides for the licensure of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services.This bill would set forth provisions for the licensing status of certain entities that are made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of a state of emergency proclaimed by the Governor, a federal emergency declaration, a federal major disaster declaration, or a federal fire management assistance declaration. The bill would apply to clinics, certain health facilities, certain community care facilities, residential care facilities for the elderly, RCFEs, child daycare facilities, medical foster homes for veterans, and alcohol or other drug recovery or treatment facilities.This bill would authorize the State Department of Health Care Services to allow a facility that is made nonoperational as described above, and require the State Department of Public Health and the State Department of Social Services to allow an entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the facility or entity notifies the department that it intends to become operational again in the same or alternative location. The bill would require the entity to notify the applicable department within 6 months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license.In the case of an entity that was destroyed in a fire and is being rebuilt for the same purpose, and that is allowed to obtain a disaster suspension of its active license, the bill would authorize the applicable department to waive the annual state licensing fees for the entity on a year-by-year basis.If an entity is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license, the bill would require the governing state departments to coordinate operational steps, as specified.The bill would require the State Department of Public Health or the State Department of Social Services, as applicable, for the duration of the first 30 calendar days following a proclamation or declaration, to waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS) or childcare programs, for purposes of an entity made nonoperational.The bill would require the State Department of Social Services to collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to the above-described provisions, as applicable.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 35 | 30 | ||
| 36 | - | Existing law provides for the licensure of clinics and various health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, generally requires the department to license, inspect, and regulate long-term health care facilities, including skilled nursing facilities. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the act, as specified. | |
| 31 | + | Existing law provides for the licensure of clinics and various health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, generally requires the department to license, inspect, and regulate long-term health care facilities, including skilled nursing facilities. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the act, as specified. | |
| 37 | 32 | ||
| 38 | - | This bill would require skilled nursing facilities to submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause. The bill would require the plan to be maintained with the county medical and health disaster plan, as specified. The bill would authorize the MHOAC or other specified person or entity to recommend revisions to the plan, and would require the skilled nursing facility to incorporate those recommended revisions to the extent feasible. | |
| 33 | + | This bill would require skilled nursing facilities to submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause. The bill would require the plan to be maintained with the county medical and health disaster plan, as specified. The bill would authorize the MHOAC or other specified person or entity to recommend revisions to the plan, and would require the skilled nursing facility to incorporate those recommended revisions to the extent feasible. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. | |
| 39 | 34 | ||
| 40 | 35 | Existing law provides for the licensure of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Existing law requires an RCFE to have an emergency and disaster plan that includes specified information, including evacuation procedures. Under existing law, an RCFE is encouraged to have the plan be reviewed by local emergency authorities. Violation of these provisions is a crime. | |
| 41 | 36 | ||
| 42 | 37 | This bill would instead require an RCFE to provide a copy of its emergency and disaster plan to the MHOAC, as specified, for the purposes of local disaster coordination. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. | |
| 43 | 38 | ||
| 44 | - | Existing law provides for the licensure of various facilities, including community care facilities, RCFEs, child daycare facilities, and medical foster homes for veterans by the State Department of Social Services. Existing law provides for the licensure of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services. | |
| 39 | + | Existing law provides for the licensure of various facilities, including community care facilities, residential care facilities for the elderly, RCFEs, child daycare facilities, and medical foster homes for veterans by the State Department of Social Services. Existing law provides for the licensure of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services. | |
| 45 | 40 | ||
| 46 | - | This bill would set forth provisions for the licensing status of certain entities that are made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of a state of emergency proclaimed by the Governor, a federal emergency declaration, a federal major disaster declaration, or a federal fire management assistance declaration. The bill would apply to clinics, certain health facilities, certain community care facilities, RCFEs, child daycare facilities, medical foster homes for veterans, and alcohol or other drug recovery or treatment facilities. | |
| 41 | + | This bill would set forth provisions for the licensing status of certain entities that are made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of a state of emergency proclaimed by the Governor, a federal emergency declaration, a federal major disaster declaration, or a federal fire management assistance declaration. The bill would apply to clinics, certain health facilities, certain community care facilities, residential care facilities for the elderly, RCFEs, child daycare facilities, medical foster homes for veterans, and alcohol or other drug recovery or treatment facilities. | |
| 47 | 42 | ||
| 48 | - | This bill would authorize the State Department of Health Care Services to allow a facility that is made nonoperational as described above, and require the State Department of Public Health and the State Department of Social Services to allow an entity, when nonoperational due to its destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the facility or entity notifies the department that it intends to become operational again in the same or alternative location. The bill would require the entity to notify the applicable department within 6 months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license. | |
| 43 | + | This bill would authorize the State Department of Health Care Services to allow a facility that is made nonoperational as described above, and require the State Department of Public Health and the State Department of Social Services to allow an entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the facility or entity notifies the department that it intends to become operational again in the same or alternative location. The bill would require the entity to notify the applicable department within 6 months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license. | |
| 49 | 44 | ||
| 50 | 45 | In the case of an entity that was destroyed in a fire and is being rebuilt for the same purpose, and that is allowed to obtain a disaster suspension of its active license, the bill would authorize the applicable department to waive the annual state licensing fees for the entity on a year-by-year basis. | |
| 51 | 46 | ||
| 52 | 47 | If an entity is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license, the bill would require the governing state departments to coordinate operational steps, as specified. | |
| 53 | 48 | ||
| 54 | 49 | The bill would require the State Department of Public Health or the State Department of Social Services, as applicable, for the duration of the first 30 calendar days following a proclamation or declaration, to waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS) or childcare programs, for purposes of an entity made nonoperational. | |
| 55 | 50 | ||
| 56 | 51 | The bill would require the State Department of Social Services to collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to the above-described provisions, as applicable. | |
| 57 | 52 | ||
| 58 | 53 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 59 | 54 | ||
| 60 | 55 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 61 | 56 | ||
| 62 | 57 | ## Digest Key | |
| 63 | 58 | ||
| 64 | 59 | ## Bill Text | |
| 65 | 60 | ||
| 66 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On January 7, 2025, the Los Angeles area experienced the development of two massive wildfires, sweeping through established communities, leveling thousands of homes and businesses, and changing the course of peoples lives.(b) Among the losses were dozens of state-licensed entities, including, but not limited to, skilled nursing facilities, adult residential facilities, other assisted living facilities, childcare centers and homes, and childrens residential care facilities. Each of these losses is compounded by other facilities or other entities becoming nonoperational in the fires.(c) Replacing the lost licensing capacity, or maintaining the licensing capacity, of these entities will be critical to returning these communities to their former vibrancy.(d) It is the intent of the Legislature to facilitate the recovery and rebuilding of state-licensed facilities and other entities as quickly as possible.SEC. 2. Section 1418.23 is added to the Health and Safety Code, to read:1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b)Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c)The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d)The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible | |
| 61 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On January 7, 2025, the Los Angeles area experienced the development of two massive wildfires, sweeping through established communities, leveling thousands of homes and businesses, and changing the course of peoples lives.(b) Among the losses were dozens of state-licensed entities, including, but not limited to, skilled nursing facilities, adult residential facilities, other assisted living facilities, childcare centers and homes, and childrens residential care facilities. Each of these losses is compounded by other facilities or other entities becoming nonoperational in the fires.(c) Replacing the lost licensing capacity, or maintaining the licensing capacity, of these entities will be critical to returning these communities to their former vibrancy.(d) It is the intent of the Legislature to facilitate the recovery and rebuilding of state-licensed facilities and other entities as quickly as possible.SEC. 2. Section 1418.23 is added to the Health and Safety Code, to read:1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b) Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c) The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d) The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible.SEC. 3. Section 1569.695 of the Health and Safety Code is amended to read:1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j)A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan.SEC. 2.SEC. 4. Chapter 15 (commencing with Section 1796.80) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 15. Licensing During Emergencies or Disasters1796.80. This chapter shall apply to all of the following entities:(a) The following entities within the jurisdiction of the State Department of Public Health:(1) Clinic, as defined in Section 1200.(2) The following entities, as defined in Section 1250:(A) Skilled nursing facility.(B) Intermediate care facility.(C) Intermediate care facility/developmentally disabled habilitative.(D) Intermediate care facility/developmentally disabled.(E) Intermediate care facility/developmentally disabled-nursing.(F) Congregate living health facility.(G) Intermediate care facility/developmentally disabled-continuous nursing.(H) Hospice facility.(b) The following entities within the jurisdiction of the State Department of Social Services:(1) The following entities, as defined in Section 1502:(A) Residential facility.(B) Adult day program.(C) Foster family home.(D) Small family home.(E) Transitional shelter care facility.(F) Transitional housing placement provider.(G) Enhanced behavioral supports home.(H) Community crisis home.(I) Crisis nursery.(J) Short-term residential therapeutic program.(2) Adult residential facility, as defined in Section 1562.1.(3) Medical foster home for veterans, as defined in Section 1568.21.(4) Residential care facility for the elderly, as defined in Section 1569.2.(5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following:(A) Daycare center, as defined in Section 1596.76.(B) Employer-sponsored childcare center, as defined in Section 1596.771.(C) Family daycare home, as defined in Section 1596.78.(D) Schoolage childcare center, as defined in Section 1596.7915.(E) Drop-in childcare center, as defined in Section 1596.7916.1796.81. This chapter shall apply to all of the following proclamations or declarations:(a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code.(b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act).(c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act.(d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations.1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again.1796.83. In the case of an entity listed in Section 1796.80 that was destroyed in a fire is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis.1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days.1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81.SEC. 3.SEC. 5. Article 6 (commencing with Section 11834.60) is added to Chapter 7.5 of Part 2 of Division 10.5 of the Health and Safety Code, to read: Article 6. Licensing During Emergencies or Disasters11834.60. This article shall apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, within the jurisdiction of the State Department of Health Care Services.11834.61. This article shall apply to all of the emergency or disaster proclamations or declarations that are listed in Section 1796.81.11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply:(1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again.11834.63. In the case of an alcohol or other drug recovery or treatment facility that was destroyed in a fire and is being rebuilt for the same purpose, if the department has allowed the facility to obtain a disaster suspension of its active license pursuant to Section 11834.62, the department may waive, in whole or in part, the annual state licensing fees for the facility on a year-by-year basis.11834.64. If an alcohol or other drug recovery or treatment facility subject to this article is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 11834.62, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 67 | 62 | ||
| 68 | 63 | The people of the State of California do enact as follows: | |
| 69 | 64 | ||
| 70 | 65 | ## The people of the State of California do enact as follows: | |
| 71 | 66 | ||
| 72 | 67 | SECTION 1. The Legislature finds and declares all of the following:(a) On January 7, 2025, the Los Angeles area experienced the development of two massive wildfires, sweeping through established communities, leveling thousands of homes and businesses, and changing the course of peoples lives.(b) Among the losses were dozens of state-licensed entities, including, but not limited to, skilled nursing facilities, adult residential facilities, other assisted living facilities, childcare centers and homes, and childrens residential care facilities. Each of these losses is compounded by other facilities or other entities becoming nonoperational in the fires.(c) Replacing the lost licensing capacity, or maintaining the licensing capacity, of these entities will be critical to returning these communities to their former vibrancy.(d) It is the intent of the Legislature to facilitate the recovery and rebuilding of state-licensed facilities and other entities as quickly as possible. | |
| 73 | 68 | ||
| 74 | 69 | SECTION 1. The Legislature finds and declares all of the following:(a) On January 7, 2025, the Los Angeles area experienced the development of two massive wildfires, sweeping through established communities, leveling thousands of homes and businesses, and changing the course of peoples lives.(b) Among the losses were dozens of state-licensed entities, including, but not limited to, skilled nursing facilities, adult residential facilities, other assisted living facilities, childcare centers and homes, and childrens residential care facilities. Each of these losses is compounded by other facilities or other entities becoming nonoperational in the fires.(c) Replacing the lost licensing capacity, or maintaining the licensing capacity, of these entities will be critical to returning these communities to their former vibrancy.(d) It is the intent of the Legislature to facilitate the recovery and rebuilding of state-licensed facilities and other entities as quickly as possible. | |
| 75 | 70 | ||
| 76 | 71 | SECTION 1. The Legislature finds and declares all of the following: | |
| 77 | 72 | ||
| 78 | 73 | ### SECTION 1. | |
| 79 | 74 | ||
| 80 | 75 | (a) On January 7, 2025, the Los Angeles area experienced the development of two massive wildfires, sweeping through established communities, leveling thousands of homes and businesses, and changing the course of peoples lives. | |
| 81 | 76 | ||
| 82 | 77 | (b) Among the losses were dozens of state-licensed entities, including, but not limited to, skilled nursing facilities, adult residential facilities, other assisted living facilities, childcare centers and homes, and childrens residential care facilities. Each of these losses is compounded by other facilities or other entities becoming nonoperational in the fires. | |
| 83 | 78 | ||
| 84 | 79 | (c) Replacing the lost licensing capacity, or maintaining the licensing capacity, of these entities will be critical to returning these communities to their former vibrancy. | |
| 85 | 80 | ||
| 86 | 81 | (d) It is the intent of the Legislature to facilitate the recovery and rebuilding of state-licensed facilities and other entities as quickly as possible. | |
| 87 | 82 | ||
| 88 | - | SEC. 2. Section 1418.23 is added to the Health and Safety Code, to read:1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b)Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c)The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d)The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible. | |
| 83 | + | SEC. 2. Section 1418.23 is added to the Health and Safety Code, to read:1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b) Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c) The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d) The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible. | |
| 89 | 84 | ||
| 90 | 85 | SEC. 2. Section 1418.23 is added to the Health and Safety Code, to read: | |
| 91 | 86 | ||
| 92 | 87 | ### SEC. 2. | |
| 93 | 88 | ||
| 94 | - | 1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b)Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c)The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d)The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible. | |
| 89 | + | 1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b) Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c) The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d) The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible. | |
| 95 | 90 | ||
| 96 | - | 1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b)Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c)The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d)The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible. | |
| 91 | + | 1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b) Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c) The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d) The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible. | |
| 97 | 92 | ||
| 98 | - | 1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b)Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c)The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d)The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible.(b) The external disaster and mass casualty program plan required to be adopted pursuant to Section 72551 of Title 22 of the California Code of Regulations shall be updated at least once every five years. In adopting and updating the plan, a skilled nursing facility shall do all of the following:(1) Seek input from county or regional and local planning offices, including the medical health operational area coordinator (MHOAC).(2) Incorporate, to the extent feasible, lessons learned from any recent major disasters that impacted skilled nursing facilities in California.(3) Provide copies of the plan, including updates, to local or regional emergency planning offices, including the MHOAC. | |
| 93 | + | 1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents.(b) Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause.(c) The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator.(d) The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible. | |
| 94 | + | ||
| 95 | + | ||
| 99 | 96 | ||
| 100 | 97 | 1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents. | |
| 101 | - | ||
| 102 | - | ###### 1418.23. | |
| 103 | 98 | ||
| 104 | 99 | (b) Skilled nursing facilities shall submit an evacuation plan to the medical health operational area coordinator (MHOAC) that can be implemented when an evacuation is required due to an emergency, natural disaster, wildfire, or other cause. | |
| 105 | 100 | ||
| 106 | 101 | (c) The plan shall be maintained with the county medical and health disaster plan by the MHOAC or other local EMS agency administrator. | |
| 107 | 102 | ||
| 108 | 103 | (d) The MHOAC or other person or entity with responsibilities under Section 1797.153 may recommend revisions to the submitted evacuation plan. The skilled nursing facility shall incorporate the recommended revisions to the extent feasible. | |
| 109 | 104 | ||
| 110 | - | (b) The external disaster and mass casualty program plan required to be adopted pursuant to Section 72551 of Title 22 of the California Code of Regulations shall be updated at least once every five years. In adopting and updating the plan, a skilled nursing facility shall do all of the following: | |
| 111 | - | ||
| 112 | - | (1) Seek input from county or regional and local planning offices, including the medical health operational area coordinator (MHOAC). | |
| 113 | - | ||
| 114 | - | (2) Incorporate, to the extent feasible, lessons learned from any recent major disasters that impacted skilled nursing facilities in California. | |
| 115 | - | ||
| 116 | - | (3) Provide copies of the plan, including updates, to local or regional emergency planning offices, including the MHOAC. | |
| 117 | - | ||
| 118 | - | SEC. 3. Section 1569.695 of the Health and Safety Code is amended to read:1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. | |
| 105 | + | SEC. 3. Section 1569.695 of the Health and Safety Code is amended to read:1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j)A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. | |
| 119 | 106 | ||
| 120 | 107 | SEC. 3. Section 1569.695 of the Health and Safety Code is amended to read: | |
| 121 | 108 | ||
| 122 | 109 | ### SEC. 3. | |
| 123 | 110 | ||
| 124 | - | 1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. | |
| 111 | + | 1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j)A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. | |
| 125 | 112 | ||
| 126 | - | 1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. | |
| 113 | + | 1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j)A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. | |
| 127 | 114 | ||
| 128 | - | 1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. | |
| 115 | + | 1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.(4) A contact information list of all of the following:(A) Emergency response personnel.(B) The Community Care Licensing Division within the State Department of Social Services.(C) The local long-term care ombudsman.(D) Transportation providers.(5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area.(6) The location of utility shut-off valves and instructions for use.(7) Procedures that address, but are not limited to, all of the following:(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed.(B) Responding to an individual residents needs if the emergency call buttons are inoperable.(C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency.(D) Assistance with, and administration of, medications.(E) Storage and preservation of medications, including the storage of medications that require refrigeration.(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.(G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs.(H) Procedures for confirming the location of each resident during an emergency response.(b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.(e) A facility shall have all of the following information readily available to facility staff during an emergency:(1) A resident roster with the date of birth for each resident.(2) An appraisal of resident needs and services plan for each resident.(3) A resident medication list for residents with centrally stored medications.(4) Contact information for the responsible party and physician for each resident.(f) A facility shall have both of the following in place:(1) An evacuation chair at each stairwell, on or before July 1, 2019.(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:(A) All occupied resident units.(B) All facility vehicles.(C) All facility exit doors.(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15.(i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content.(j)A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.(j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination.(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. | |
| 116 | + | ||
| 117 | + | ||
| 129 | 118 | ||
| 130 | 119 | 1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following: | |
| 131 | - | ||
| 132 | - | ###### 1569.695. | |
| 133 | 120 | ||
| 134 | 121 | (1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch. | |
| 135 | 122 | ||
| 136 | 123 | (2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage. | |
| 137 | 124 | ||
| 138 | 125 | (3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts. | |
| 139 | 126 | ||
| 140 | 127 | (4) A contact information list of all of the following: | |
| 141 | 128 | ||
| 142 | 129 | (A) Emergency response personnel. | |
| 143 | 130 | ||
| 144 | 131 | (B) The Community Care Licensing Division within the State Department of Social Services. | |
| 145 | 132 | ||
| 146 | 133 | (C) The local long-term care ombudsman. | |
| 147 | 134 | ||
| 148 | 135 | (D) Transportation providers. | |
| 149 | 136 | ||
| 150 | 137 | (5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area. | |
| 151 | 138 | ||
| 152 | 139 | (6) The location of utility shut-off valves and instructions for use. | |
| 153 | 140 | ||
| 154 | 141 | (7) Procedures that address, but are not limited to, all of the following: | |
| 155 | 142 | ||
| 156 | 143 | (A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturers operating instructions shall be followed. | |
| 157 | 144 | ||
| 158 | 145 | (B) Responding to an individual residents needs if the emergency call buttons are inoperable. | |
| 159 | 146 | ||
| 160 | 147 | (C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency. | |
| 161 | 148 | ||
| 162 | 149 | (D) Assistance with, and administration of, medications. | |
| 163 | 150 | ||
| 164 | 151 | (E) Storage and preservation of medications, including the storage of medications that require refrigeration. | |
| 165 | 152 | ||
| 166 | 153 | (F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs. | |
| 167 | 154 | ||
| 168 | 155 | (G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs. | |
| 169 | 156 | ||
| 170 | 157 | (H) Procedures for confirming the location of each resident during an emergency response. | |
| 171 | 158 | ||
| 172 | 159 | (b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster. | |
| 173 | 160 | ||
| 174 | 161 | (c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill. | |
| 175 | 162 | ||
| 176 | 163 | (d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary. | |
| 177 | 164 | ||
| 178 | 165 | (e) A facility shall have all of the following information readily available to facility staff during an emergency: | |
| 179 | 166 | ||
| 180 | 167 | (1) A resident roster with the date of birth for each resident. | |
| 181 | 168 | ||
| 182 | 169 | (2) An appraisal of resident needs and services plan for each resident. | |
| 183 | 170 | ||
| 184 | 171 | (3) A resident medication list for residents with centrally stored medications. | |
| 185 | 172 | ||
| 186 | 173 | (4) Contact information for the responsible party and physician for each resident. | |
| 187 | 174 | ||
| 188 | 175 | (f) A facility shall have both of the following in place: | |
| 189 | 176 | ||
| 190 | 177 | (1) An evacuation chair at each stairwell, on or before July 1, 2019. | |
| 191 | 178 | ||
| 192 | 179 | (2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following: | |
| 193 | 180 | ||
| 194 | 181 | (A) All occupied resident units. | |
| 195 | 182 | ||
| 196 | 183 | (B) All facility vehicles. | |
| 197 | 184 | ||
| 198 | 185 | (C) All facility exit doors. | |
| 199 | 186 | ||
| 200 | 187 | (D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies. | |
| 201 | 188 | ||
| 202 | 189 | (g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential. | |
| 203 | 190 | ||
| 204 | 191 | (h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15. | |
| 205 | 192 | ||
| 206 | 193 | (i) The departments Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content. | |
| 207 | 194 | ||
| 195 | + | (j)A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities. | |
| 196 | + | ||
| 197 | + | ||
| 198 | + | ||
| 208 | 199 | (j) A facility shall provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153 for the purposes of local disaster coordination. | |
| 209 | 200 | ||
| 210 | 201 | (k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. | |
| 211 | 202 | ||
| 212 | - | SEC. 4. Chapter 15 (commencing with Section 1796.80) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 15. Licensing During Emergencies or Disasters1796.80. This chapter shall apply to all of the following entities:(a) The following entities within the jurisdiction of the State Department of Public Health:(1) Clinic, as defined in Section 1200.(2) The following entities, as defined in Section 1250:(A) Skilled nursing facility.(B) Intermediate care facility.(C) Intermediate care facility/developmentally disabled habilitative.(D) Intermediate care facility/developmentally disabled.(E) Intermediate care facility/developmentally disabled-nursing.(F) Congregate living health facility.(G) Intermediate care facility/developmentally disabled-continuous nursing.(H) Hospice facility.(b) The following entities within the jurisdiction of the State Department of Social Services:(1) The following entities, as defined in Section 1502:(A) Residential facility.(B) Adult day program.(C) Foster family home.(D) Small family home.(E) Transitional shelter care facility.(F) Transitional housing placement provider.(G) Enhanced behavioral supports home.(H) Community crisis home.(I) Crisis nursery.(J) Short-term residential therapeutic program.(2) Adult residential facility, as defined in Section 1562.1.(3) Medical foster home for veterans, as defined in Section 1568.21.(4) Residential care facility for the elderly, as defined in Section 1569.2.(5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following:(A) Daycare center, as defined in Section 1596.76.(B) Employer-sponsored childcare center, as defined in Section 1596.771.(C) Family daycare home, as defined in Section 1596.78.(D) Schoolage childcare center, as defined in Section 1596.7915.(E) Drop-in childcare center, as defined in Section 1596.7916.1796.81. This chapter shall apply to all of the following proclamations or declarations:(a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code.(b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act).(c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act.(d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations.1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again.1796.83. In the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis.1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days.1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81. | |
| 203 | + | SEC. 2.SEC. 4. Chapter 15 (commencing with Section 1796.80) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 15. Licensing During Emergencies or Disasters1796.80. This chapter shall apply to all of the following entities:(a) The following entities within the jurisdiction of the State Department of Public Health:(1) Clinic, as defined in Section 1200.(2) The following entities, as defined in Section 1250:(A) Skilled nursing facility.(B) Intermediate care facility.(C) Intermediate care facility/developmentally disabled habilitative.(D) Intermediate care facility/developmentally disabled.(E) Intermediate care facility/developmentally disabled-nursing.(F) Congregate living health facility.(G) Intermediate care facility/developmentally disabled-continuous nursing.(H) Hospice facility.(b) The following entities within the jurisdiction of the State Department of Social Services:(1) The following entities, as defined in Section 1502:(A) Residential facility.(B) Adult day program.(C) Foster family home.(D) Small family home.(E) Transitional shelter care facility.(F) Transitional housing placement provider.(G) Enhanced behavioral supports home.(H) Community crisis home.(I) Crisis nursery.(J) Short-term residential therapeutic program.(2) Adult residential facility, as defined in Section 1562.1.(3) Medical foster home for veterans, as defined in Section 1568.21.(4) Residential care facility for the elderly, as defined in Section 1569.2.(5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following:(A) Daycare center, as defined in Section 1596.76.(B) Employer-sponsored childcare center, as defined in Section 1596.771.(C) Family daycare home, as defined in Section 1596.78.(D) Schoolage childcare center, as defined in Section 1596.7915.(E) Drop-in childcare center, as defined in Section 1596.7916.1796.81. This chapter shall apply to all of the following proclamations or declarations:(a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code.(b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act).(c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act.(d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations.1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again.1796.83. In the case of an entity listed in Section 1796.80 that was destroyed in a fire is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis.1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days.1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81. | |
| 213 | 204 | ||
| 214 | - | SEC. 4. Chapter 15 (commencing with Section 1796.80) is added to Division 2 of the Health and Safety Code, to read: | |
| 205 | + | SEC. 2.SEC. 4. Chapter 15 (commencing with Section 1796.80) is added to Division 2 of the Health and Safety Code, to read: | |
| 215 | 206 | ||
| 216 | - | ### SEC. 4. | |
| 207 | + | ### SEC. 2.SEC. 4. | |
| 217 | 208 | ||
| 218 | - | CHAPTER 15. Licensing During Emergencies or Disasters1796.80. This chapter shall apply to all of the following entities:(a) The following entities within the jurisdiction of the State Department of Public Health:(1) Clinic, as defined in Section 1200.(2) The following entities, as defined in Section 1250:(A) Skilled nursing facility.(B) Intermediate care facility.(C) Intermediate care facility/developmentally disabled habilitative.(D) Intermediate care facility/developmentally disabled.(E) Intermediate care facility/developmentally disabled-nursing.(F) Congregate living health facility.(G) Intermediate care facility/developmentally disabled-continuous nursing.(H) Hospice facility.(b) The following entities within the jurisdiction of the State Department of Social Services:(1) The following entities, as defined in Section 1502:(A) Residential facility.(B) Adult day program.(C) Foster family home.(D) Small family home.(E) Transitional shelter care facility.(F) Transitional housing placement provider.(G) Enhanced behavioral supports home.(H) Community crisis home.(I) Crisis nursery.(J) Short-term residential therapeutic program.(2) Adult residential facility, as defined in Section 1562.1.(3) Medical foster home for veterans, as defined in Section 1568.21.(4) Residential care facility for the elderly, as defined in Section 1569.2.(5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following:(A) Daycare center, as defined in Section 1596.76.(B) Employer-sponsored childcare center, as defined in Section 1596.771.(C) Family daycare home, as defined in Section 1596.78.(D) Schoolage childcare center, as defined in Section 1596.7915.(E) Drop-in childcare center, as defined in Section 1596.7916.1796.81. This chapter shall apply to all of the following proclamations or declarations:(a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code.(b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act).(c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act.(d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations.1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again.1796.83. In the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis.1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days.1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81. | |
| 209 | + | CHAPTER 15. Licensing During Emergencies or Disasters1796.80. This chapter shall apply to all of the following entities:(a) The following entities within the jurisdiction of the State Department of Public Health:(1) Clinic, as defined in Section 1200.(2) The following entities, as defined in Section 1250:(A) Skilled nursing facility.(B) Intermediate care facility.(C) Intermediate care facility/developmentally disabled habilitative.(D) Intermediate care facility/developmentally disabled.(E) Intermediate care facility/developmentally disabled-nursing.(F) Congregate living health facility.(G) Intermediate care facility/developmentally disabled-continuous nursing.(H) Hospice facility.(b) The following entities within the jurisdiction of the State Department of Social Services:(1) The following entities, as defined in Section 1502:(A) Residential facility.(B) Adult day program.(C) Foster family home.(D) Small family home.(E) Transitional shelter care facility.(F) Transitional housing placement provider.(G) Enhanced behavioral supports home.(H) Community crisis home.(I) Crisis nursery.(J) Short-term residential therapeutic program.(2) Adult residential facility, as defined in Section 1562.1.(3) Medical foster home for veterans, as defined in Section 1568.21.(4) Residential care facility for the elderly, as defined in Section 1569.2.(5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following:(A) Daycare center, as defined in Section 1596.76.(B) Employer-sponsored childcare center, as defined in Section 1596.771.(C) Family daycare home, as defined in Section 1596.78.(D) Schoolage childcare center, as defined in Section 1596.7915.(E) Drop-in childcare center, as defined in Section 1596.7916.1796.81. This chapter shall apply to all of the following proclamations or declarations:(a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code.(b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act).(c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act.(d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations.1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again.1796.83. In the case of an entity listed in Section 1796.80 that was destroyed in a fire is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis.1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days.1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81. | |
| 219 | 210 | ||
| 220 | - | CHAPTER 15. Licensing During Emergencies or Disasters1796.80. This chapter shall apply to all of the following entities:(a) The following entities within the jurisdiction of the State Department of Public Health:(1) Clinic, as defined in Section 1200.(2) The following entities, as defined in Section 1250:(A) Skilled nursing facility.(B) Intermediate care facility.(C) Intermediate care facility/developmentally disabled habilitative.(D) Intermediate care facility/developmentally disabled.(E) Intermediate care facility/developmentally disabled-nursing.(F) Congregate living health facility.(G) Intermediate care facility/developmentally disabled-continuous nursing.(H) Hospice facility.(b) The following entities within the jurisdiction of the State Department of Social Services:(1) The following entities, as defined in Section 1502:(A) Residential facility.(B) Adult day program.(C) Foster family home.(D) Small family home.(E) Transitional shelter care facility.(F) Transitional housing placement provider.(G) Enhanced behavioral supports home.(H) Community crisis home.(I) Crisis nursery.(J) Short-term residential therapeutic program.(2) Adult residential facility, as defined in Section 1562.1.(3) Medical foster home for veterans, as defined in Section 1568.21.(4) Residential care facility for the elderly, as defined in Section 1569.2.(5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following:(A) Daycare center, as defined in Section 1596.76.(B) Employer-sponsored childcare center, as defined in Section 1596.771.(C) Family daycare home, as defined in Section 1596.78.(D) Schoolage childcare center, as defined in Section 1596.7915.(E) Drop-in childcare center, as defined in Section 1596.7916.1796.81. This chapter shall apply to all of the following proclamations or declarations:(a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code.(b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act).(c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act.(d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations.1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again.1796.83. In the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis.1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days.1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81. | |
| 211 | + | CHAPTER 15. Licensing During Emergencies or Disasters1796.80. This chapter shall apply to all of the following entities:(a) The following entities within the jurisdiction of the State Department of Public Health:(1) Clinic, as defined in Section 1200.(2) The following entities, as defined in Section 1250:(A) Skilled nursing facility.(B) Intermediate care facility.(C) Intermediate care facility/developmentally disabled habilitative.(D) Intermediate care facility/developmentally disabled.(E) Intermediate care facility/developmentally disabled-nursing.(F) Congregate living health facility.(G) Intermediate care facility/developmentally disabled-continuous nursing.(H) Hospice facility.(b) The following entities within the jurisdiction of the State Department of Social Services:(1) The following entities, as defined in Section 1502:(A) Residential facility.(B) Adult day program.(C) Foster family home.(D) Small family home.(E) Transitional shelter care facility.(F) Transitional housing placement provider.(G) Enhanced behavioral supports home.(H) Community crisis home.(I) Crisis nursery.(J) Short-term residential therapeutic program.(2) Adult residential facility, as defined in Section 1562.1.(3) Medical foster home for veterans, as defined in Section 1568.21.(4) Residential care facility for the elderly, as defined in Section 1569.2.(5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following:(A) Daycare center, as defined in Section 1596.76.(B) Employer-sponsored childcare center, as defined in Section 1596.771.(C) Family daycare home, as defined in Section 1596.78.(D) Schoolage childcare center, as defined in Section 1596.7915.(E) Drop-in childcare center, as defined in Section 1596.7916.1796.81. This chapter shall apply to all of the following proclamations or declarations:(a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code.(b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act).(c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act.(d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations.1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again.1796.83. In the case of an entity listed in Section 1796.80 that was destroyed in a fire is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis.1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days.1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81. | |
| 221 | 212 | ||
| 222 | 213 | CHAPTER 15. Licensing During Emergencies or Disasters | |
| 223 | 214 | ||
| 224 | 215 | CHAPTER 15. Licensing During Emergencies or Disasters | |
| 225 | 216 | ||
| 226 | - | ##### CHAPTER 15. Licensing During Emergencies or Disasters | |
| 227 | - | ||
| 228 | 217 | 1796.80. This chapter shall apply to all of the following entities:(a) The following entities within the jurisdiction of the State Department of Public Health:(1) Clinic, as defined in Section 1200.(2) The following entities, as defined in Section 1250:(A) Skilled nursing facility.(B) Intermediate care facility.(C) Intermediate care facility/developmentally disabled habilitative.(D) Intermediate care facility/developmentally disabled.(E) Intermediate care facility/developmentally disabled-nursing.(F) Congregate living health facility.(G) Intermediate care facility/developmentally disabled-continuous nursing.(H) Hospice facility.(b) The following entities within the jurisdiction of the State Department of Social Services:(1) The following entities, as defined in Section 1502:(A) Residential facility.(B) Adult day program.(C) Foster family home.(D) Small family home.(E) Transitional shelter care facility.(F) Transitional housing placement provider.(G) Enhanced behavioral supports home.(H) Community crisis home.(I) Crisis nursery.(J) Short-term residential therapeutic program.(2) Adult residential facility, as defined in Section 1562.1.(3) Medical foster home for veterans, as defined in Section 1568.21.(4) Residential care facility for the elderly, as defined in Section 1569.2.(5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following:(A) Daycare center, as defined in Section 1596.76.(B) Employer-sponsored childcare center, as defined in Section 1596.771.(C) Family daycare home, as defined in Section 1596.78.(D) Schoolage childcare center, as defined in Section 1596.7915.(E) Drop-in childcare center, as defined in Section 1596.7916. | |
| 229 | 218 | ||
| 219 | + | ||
| 220 | + | ||
| 230 | 221 | 1796.80. This chapter shall apply to all of the following entities: | |
| 231 | - | ||
| 232 | - | ###### 1796.80. | |
| 233 | 222 | ||
| 234 | 223 | (a) The following entities within the jurisdiction of the State Department of Public Health: | |
| 235 | 224 | ||
| 236 | 225 | (1) Clinic, as defined in Section 1200. | |
| 237 | 226 | ||
| 238 | 227 | (2) The following entities, as defined in Section 1250: | |
| 239 | 228 | ||
| 240 | 229 | (A) Skilled nursing facility. | |
| 241 | 230 | ||
| 242 | 231 | (B) Intermediate care facility. | |
| 243 | 232 | ||
| 244 | 233 | (C) Intermediate care facility/developmentally disabled habilitative. | |
| 245 | 234 | ||
| 246 | 235 | (D) Intermediate care facility/developmentally disabled. | |
| 247 | 236 | ||
| 248 | 237 | (E) Intermediate care facility/developmentally disabled-nursing. | |
| 249 | 238 | ||
| 250 | 239 | (F) Congregate living health facility. | |
| 251 | 240 | ||
| 252 | 241 | (G) Intermediate care facility/developmentally disabled-continuous nursing. | |
| 253 | 242 | ||
| 254 | 243 | (H) Hospice facility. | |
| 255 | 244 | ||
| 256 | 245 | (b) The following entities within the jurisdiction of the State Department of Social Services: | |
| 257 | 246 | ||
| 258 | 247 | (1) The following entities, as defined in Section 1502: | |
| 259 | 248 | ||
| 260 | 249 | (A) Residential facility. | |
| 261 | 250 | ||
| 262 | 251 | (B) Adult day program. | |
| 263 | 252 | ||
| 264 | 253 | (C) Foster family home. | |
| 265 | 254 | ||
| 266 | 255 | (D) Small family home. | |
| 267 | 256 | ||
| 268 | 257 | (E) Transitional shelter care facility. | |
| 269 | 258 | ||
| 270 | 259 | (F) Transitional housing placement provider. | |
| 271 | 260 | ||
| 272 | 261 | (G) Enhanced behavioral supports home. | |
| 273 | 262 | ||
| 274 | 263 | (H) Community crisis home. | |
| 275 | 264 | ||
| 276 | 265 | (I) Crisis nursery. | |
| 277 | 266 | ||
| 278 | 267 | (J) Short-term residential therapeutic program. | |
| 279 | 268 | ||
| 280 | 269 | (2) Adult residential facility, as defined in Section 1562.1. | |
| 281 | 270 | ||
| 282 | 271 | (3) Medical foster home for veterans, as defined in Section 1568.21. | |
| 283 | 272 | ||
| 284 | 273 | (4) Residential care facility for the elderly, as defined in Section 1569.2. | |
| 285 | 274 | ||
| 286 | 275 | (5) Child daycare facility, as defined in Section 1596.750, including, but not limited to, the following: | |
| 287 | 276 | ||
| 288 | 277 | (A) Daycare center, as defined in Section 1596.76. | |
| 289 | 278 | ||
| 290 | 279 | (B) Employer-sponsored childcare center, as defined in Section 1596.771. | |
| 291 | 280 | ||
| 292 | 281 | (C) Family daycare home, as defined in Section 1596.78. | |
| 293 | 282 | ||
| 294 | 283 | (D) Schoolage childcare center, as defined in Section 1596.7915. | |
| 295 | 284 | ||
| 296 | 285 | (E) Drop-in childcare center, as defined in Section 1596.7916. | |
| 297 | 286 | ||
| 298 | 287 | 1796.81. This chapter shall apply to all of the following proclamations or declarations:(a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code.(b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act).(c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act.(d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations. | |
| 299 | 288 | ||
| 289 | + | ||
| 290 | + | ||
| 300 | 291 | 1796.81. This chapter shall apply to all of the following proclamations or declarations: | |
| 301 | - | ||
| 302 | - | ###### 1796.81. | |
| 303 | 292 | ||
| 304 | 293 | (a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code. | |
| 305 | 294 | ||
| 306 | 295 | (b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act). | |
| 307 | 296 | ||
| 308 | 297 | (c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act. | |
| 309 | 298 | ||
| 310 | 299 | (d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations. | |
| 311 | 300 | ||
| 312 | - | 1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again. | |
| 301 | + | 1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply:(1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again. | |
| 313 | 302 | ||
| 314 | - | 1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply: | |
| 315 | 303 | ||
| 316 | - | ###### 1796.82. | |
| 317 | 304 | ||
| 318 | - | (1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location. | |
| 305 | + | 1796.82. (a) In the case of an entity listed in Section 1796.80 that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply: | |
| 306 | + | ||
| 307 | + | (1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Public Health or the State Department of Social Services, as applicable, shall allow the entity, when nonoperational due to its destruction or destruction, significant damage, or prolonged closure, to obtain a disaster suspension of its active license if the entity notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location. | |
| 319 | 308 | ||
| 320 | 309 | (2) The entity shall notify the applicable department within six months of the proclamation or declaration if the entity seeks to obtain a disaster suspension of its active license pursuant to paragraph (1). | |
| 321 | 310 | ||
| 322 | 311 | (b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again. | |
| 323 | 312 | ||
| 324 | - | 1796.83. In the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis. | |
| 313 | + | 1796.83. In the case of an entity listed in Section 1796.80 that was destroyed in a fire is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis. | |
| 325 | 314 | ||
| 326 | - | 1796.83. In the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis. | |
| 327 | 315 | ||
| 328 | - | ###### 1796.83. | |
| 316 | + | ||
| 317 | + | 1796.83. In the case of an entity listed in Section 1796.80 that was destroyed in a fire is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Public Health or the State Department of Social Services, as applicable, has allowed the entity to obtain a disaster suspension of its active license pursuant to Section 1796.82, the department may waive, in whole or in part, the annual state licensing fees for the entity on a year-by-year basis. | |
| 329 | 318 | ||
| 330 | 319 | 1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. | |
| 331 | 320 | ||
| 321 | + | ||
| 322 | + | ||
| 332 | 323 | 1796.84. If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. | |
| 333 | - | ||
| 334 | - | ###### 1796.84. | |
| 335 | 324 | ||
| 336 | 325 | 1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days. | |
| 337 | 326 | ||
| 327 | + | ||
| 328 | + | ||
| 338 | 329 | 1796.85. For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Public Health or the State Department of Social Services, as applicable, shall waive in-person or daily attendance requirements for Community-Based Adult Services (CBAS), as described in Section 14184.201 of the Welfare and Institutions Code, or for childcare programs, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days. | |
| 339 | - | ||
| 340 | - | ###### 1796.85. | |
| 341 | 330 | ||
| 342 | 331 | 1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81. | |
| 343 | 332 | ||
| 333 | + | ||
| 334 | + | ||
| 344 | 335 | 1796.86. The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81. | |
| 345 | 336 | ||
| 346 | - | ||
| 337 | + | SEC. 3.SEC. 5. Article 6 (commencing with Section 11834.60) is added to Chapter 7.5 of Part 2 of Division 10.5 of the Health and Safety Code, to read: Article 6. Licensing During Emergencies or Disasters11834.60. This article shall apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, within the jurisdiction of the State Department of Health Care Services.11834.61. This article shall apply to all of the emergency or disaster proclamations or declarations that are listed in Section 1796.81.11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply:(1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again.11834.63. In the case of an alcohol or other drug recovery or treatment facility that was destroyed in a fire and is being rebuilt for the same purpose, if the department has allowed the facility to obtain a disaster suspension of its active license pursuant to Section 11834.62, the department may waive, in whole or in part, the annual state licensing fees for the facility on a year-by-year basis.11834.64. If an alcohol or other drug recovery or treatment facility subject to this article is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 11834.62, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. | |
| 347 | 338 | ||
| 348 | - | SEC. 5. Article 6 (commencing with Section 11834.60) is added to Chapter 7.5 of Part 2 of Division 10.5 of the Health and Safety Code, to read: | |
| 339 | + | SEC. 3.SEC. 5. Article 6 (commencing with Section 11834.60) is added to Chapter 7.5 of Part 2 of Division 10.5 of the Health and Safety Code, to read: | |
| 349 | 340 | ||
| 350 | - | SEC. 5. | |
| 341 | + | ### SEC. 3.SEC. 5. | |
| 351 | 342 | ||
| 352 | - | ||
| 343 | + | Article 6. Licensing During Emergencies or Disasters11834.60. This article shall apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, within the jurisdiction of the State Department of Health Care Services.11834.61. This article shall apply to all of the emergency or disaster proclamations or declarations that are listed in Section 1796.81.11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply:(1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again.11834.63. In the case of an alcohol or other drug recovery or treatment facility that was destroyed in a fire and is being rebuilt for the same purpose, if the department has allowed the facility to obtain a disaster suspension of its active license pursuant to Section 11834.62, the department may waive, in whole or in part, the annual state licensing fees for the facility on a year-by-year basis.11834.64. If an alcohol or other drug recovery or treatment facility subject to this article is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 11834.62, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. | |
| 353 | 344 | ||
| 354 | - | Article 6. Licensing During Emergencies or Disasters11834.60. This article shall apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, within the jurisdiction of the State Department of Health Care Services.11834.61. This article shall apply to all of the emergency or disaster proclamations or declarations that are listed in Section 1796.81.11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply:(1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again.11834.63. In the case of an alcohol or other drug recovery or treatment facility that was destroyed in a fire and is being rebuilt for the same purpose, if the department has allowed the facility to obtain a disaster suspension of its active license pursuant to Section 11834.62, the department may waive, in whole or in part, the annual state licensing fees for the facility on a year-by-year basis.11834.64. If an alcohol or other drug recovery or treatment facility subject to this article is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 11834.62, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. | |
| 355 | - | ||
| 356 | - | Article 6. Licensing During Emergencies or Disasters11834.60. This article shall apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, within the jurisdiction of the State Department of Health Care Services.11834.61. This article shall apply to all of the emergency or disaster proclamations or declarations that are listed in Section 1796.81.11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply:(1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again.11834.63. In the case of an alcohol or other drug recovery or treatment facility that was destroyed in a fire and is being rebuilt for the same purpose, if the department has allowed the facility to obtain a disaster suspension of its active license pursuant to Section 11834.62, the department may waive, in whole or in part, the annual state licensing fees for the facility on a year-by-year basis.11834.64. If an alcohol or other drug recovery or treatment facility subject to this article is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 11834.62, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. | |
| 345 | + | Article 6. Licensing During Emergencies or Disasters11834.60. This article shall apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, within the jurisdiction of the State Department of Health Care Services.11834.61. This article shall apply to all of the emergency or disaster proclamations or declarations that are listed in Section 1796.81.11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply:(1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again.11834.63. In the case of an alcohol or other drug recovery or treatment facility that was destroyed in a fire and is being rebuilt for the same purpose, if the department has allowed the facility to obtain a disaster suspension of its active license pursuant to Section 11834.62, the department may waive, in whole or in part, the annual state licensing fees for the facility on a year-by-year basis.11834.64. If an alcohol or other drug recovery or treatment facility subject to this article is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 11834.62, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. | |
| 357 | 346 | ||
| 358 | 347 | Article 6. Licensing During Emergencies or Disasters | |
| 359 | 348 | ||
| 360 | 349 | Article 6. Licensing During Emergencies or Disasters | |
| 361 | 350 | ||
| 362 | - | ##### Article 6. Licensing During Emergencies or Disasters | |
| 351 | + | 11834.60. This article shall apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, within the jurisdiction of the State Department of Health Care Services. | |
| 352 | + | ||
| 353 | + | ||
| 363 | 354 | ||
| 364 | 355 | 11834.60. This article shall apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, within the jurisdiction of the State Department of Health Care Services. | |
| 365 | 356 | ||
| 366 | - | 11834. | |
| 357 | + | 11834.61. This article shall apply to all of the emergency or disaster proclamations or declarations that are listed in Section 1796.81. | |
| 367 | 358 | ||
| 368 | - | ||
| 359 | + | ||
| 369 | 360 | ||
| 370 | 361 | 11834.61. This article shall apply to all of the emergency or disaster proclamations or declarations that are listed in Section 1796.81. | |
| 371 | 362 | ||
| 372 | - | 11834.61. This article shall | |
| 363 | + | 11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply:(1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again. | |
| 373 | 364 | ||
| 374 | - | ###### 11834.61. | |
| 375 | 365 | ||
| 376 | - | 11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply:(1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location.(2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1).(b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again. | |
| 377 | 366 | ||
| 378 | - | 11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply: | |
| 379 | - | ||
| 380 | - | ###### 11834.62. | |
| 367 | + | 11834.62. (a) In the case of an alcohol or other drug recovery or treatment facility that is made nonoperational, by being destroyed due to its destruction, significant damage, or through a prolonged closure or otherwise, during and as a result of an emergency or disaster proclaimed or declared as described in Section 11834.61, the following shall apply: | |
| 381 | 368 | ||
| 382 | 369 | (1) Notwithstanding any other law, and in accordance with this article, the department may allow the facility to obtain a disaster suspension of its active license if the facility notifies the department that it intends to become operational again, by being rebuilt or reopening or otherwise, in the same or alternative location. | |
| 383 | 370 | ||
| 384 | 371 | (2) The facility shall notify the department within six months of the proclamation or declaration if the facility seeks to obtain a disaster suspension of its active license pursuant to paragraph (1). | |
| 385 | 372 | ||
| 386 | 373 | (b) This article shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making facilities operational again. | |
| 387 | 374 | ||
| 388 | 375 | 11834.63. In the case of an alcohol or other drug recovery or treatment facility that was destroyed in a fire and is being rebuilt for the same purpose, if the department has allowed the facility to obtain a disaster suspension of its active license pursuant to Section 11834.62, the department may waive, in whole or in part, the annual state licensing fees for the facility on a year-by-year basis. | |
| 389 | 376 | ||
| 377 | + | ||
| 378 | + | ||
| 390 | 379 | 11834.63. In the case of an alcohol or other drug recovery or treatment facility that was destroyed in a fire and is being rebuilt for the same purpose, if the department has allowed the facility to obtain a disaster suspension of its active license pursuant to Section 11834.62, the department may waive, in whole or in part, the annual state licensing fees for the facility on a year-by-year basis. | |
| 391 | - | ||
| 392 | - | ###### 11834.63. | |
| 393 | 380 | ||
| 394 | 381 | 11834.64. If an alcohol or other drug recovery or treatment facility subject to this article is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 11834.62, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. | |
| 395 | 382 | ||
| 383 | + | ||
| 384 | + | ||
| 396 | 385 | 11834.64. If an alcohol or other drug recovery or treatment facility subject to this article is licensed or certified by one or more other state departments within the California Health and Human Services Agency in addition to the State Department of Health Care Services, and is made nonoperational and obtains a disaster suspension of its active license pursuant to Section 11834.62, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes. | |
| 397 | - | ||
| 398 | - | ###### 11834.64. | |
| 399 | 386 | ||
| 400 | 387 | SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 401 | 388 | ||
| 402 | 389 | SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 403 | 390 | ||
| 404 | 391 | SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 405 | 392 | ||
| 406 | 393 | ### SEC. 6. |