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.
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, 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, 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.
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.
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.

Statutes affected:
04/08/25 - Amended Senate: 1569.695 HSC, 1569.695 HSC