Henry Stern

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. Existing regulations require skilled nursing facilities to adopt and follow a written external disaster and mass casualty program plan developed with the advice and assistance of county or regional and local planning offices.

This bill would require skilled nursing facilities to review the external disaster and mass casualty program plan at least once per year. The bill would require, in adopting and updating the plan, skilled nursing facilities to, among other things, seek input from county or regional and local planning offices, including the medical health operational area coordinator (MHOAC) . 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.

This bill would instead encourage an RCFE to provide a copy of its emergency and disaster plan to the MHOAC, as specified.

 Existing law provides for the licensure of various facilities, including community care facilities, RCFEs, residential care facilities for persons with chronic life-threatening illnesses, child daycare facilities, and home care organizations by the State Department of Social Services and makes a violation of those provisions a crime. Existing law provides for the licensure of alcohol or other drug recovery or treatment facilities and alcohol or other drug programs by the State Department of Health Care Services.

This bill would set forth provisions for the licensing status of the above-described entities, including medical foster homes for veterans, that are nonoperational due to its destruction, significant damage, or prolonged closure, during and as a result of an emergency or disaster proclaimed by the Governor, a federal emergency declaration, a federal major disaster declaration, or a federal fire management assistance declaration.

This bill would require the State Department of Social Services to allow specified entities, when nonoperational as described above, to request inactive license status if the entity notifies the department that it intends to become operational again by being rebuilt or reopening in the same location. If an entity seeks to request inactive license status, the bill would require the entity to notify the department within 90 days of the proclamation or declaration and would authorize the department to extend the time to submit a request, as specified. In the case of an entity that is nonoperational, as specified, being rebuilt for the same purpose, and approved for inactive license status, the bill would authorize the department to waive, in whole or in part, the annual or biennial state licensing fees for the entity on a year-by-year basis.

This bill would authorize alcohol or other drug recovery or treatment facilities and alcohol or other drug programs to request the State Department of Health Care Services to place its license or certification on inactive status as a result of an emergency or disaster if prescribed conditions are met. The bill would require a facility or program to request the current license or certification to be made inactive within 90 days of the applicable proclamation or declaration and would require the department, within 15 working days of receipt of the request, to provide written notification to the facility or program stating whether the request is complete or incomplete. The bill would establish the requirements for a facility or program to apply for reactivation of a license or certification.

If an entity is licensed or certified by more than one state department within the California Health and Human Services Agency, is made nonoperational, and requests inactive license status or obtains an inactive license, this bill would require the governing state departments to coordinate operational steps, as specified.

This bill would require the State Department of Health Care Services, for the duration of the first 30 calendar days following a proclamation or declaration, to require Medi-Cal managed care plans to presume that conditions are met for Emergency Remote Services in Community-Based Adult Services programs for purposes of an entity made nonoperational. The bill would also require the State Department of Social Services, for the duration of the first 90 calendar days following a proclamation or declaration, to waive in-person or daily attendance requirements for childcare programs for purposes of an entity made nonoperational.

This 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.

In the event of a proclamation or declaration, this bill would authorize the State Department of Public Health to continue to exercise its existing authority, as specified, and any proclamation or declaration authorizing alternative action. The bill would authorize the department to take specified actions, including, but not limited to, suspending a facility's beds, services, or license to assist facilities that have been rendered nonoperational due to a declared disaster.

For certain facilities, beginning January 1, 2028, this bill would additionally authorize a licensee to request inactive license status for any other period of inactivity in the operation of the facility. The bill would prescribe requirements for a licensee to submit the request for inactive license status under those circumstances, including that the request be written on a form approved by the State Department of Social Services. The bill would generally prohibit a license from being valid during any period of inactive license status. By expanding the scope of existing crimes, the bill would impose a state-mandated local program.

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.