CA SB 582

Title: Health and care facilities: licensing during emergencies or disasters.
Author: Thomas J. Umberg

Summary
SB 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 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 update 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. 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

Status
Set for hearing May 23.

Bill Documents
CA SB 582 - 05/05/25 - Amended Senate
05/05/25 - CA SB 582 (05/05/25 - Amended Senate)