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SB 582: Health and care facilities: licensing during emergencies or disasters.

California · Senate · 2025–2026 Regular Session · last verified November 17, 2025

What SB 582 does, verified November 17, 2025

The bill aims to enhance health and care facilities' preparedness during emergencies or disasters. Skilled nursing facilities must review and update their disaster plans annually, seeking input from local authorities. Residential care facilities for the elderly are encouraged to provide their plans to the Medical Health Operational Area Coordinator. Entities that are nonoperational due to destruction or significant damage during an emergency or disaster can request inactive license status. This allows them to notify the state department of social services within 90 days and waive annual or biennial licensing fees. Medi-Cal managed care plans must presume emergency remote services for community-based adult services programs during the first 30 days following a proclamation or declaration. Childcare programs can also waive in-person or daily attendance requirements during the first 90 day…

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Last action: Chaptered by Secretary of State. Chapter 546, Statutes of 2025. (2025-10-10)Alert me

Author and sponsors

Sen. Henry SternAuthor · California State Senate

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Coauthors

Aisha Wahab

Recent actions48 total · showing 5

Oct. 10, 2025	Chaptered by Secretary of State. Chapter 546, Statutes of 2025.
Oct. 10, 2025	Approved by the Governor.
Sep. 22, 2025	Enrolled and presented to the Governor at 11 a.m.
Sep. 10, 2025	Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2819.) Ordered to engrossing and enrolling.
Sep. 08, 2025	Read third time. Passed. (Ayes 79. Noes 0. Page 2996.) Ordered to the Senate.

Full action history, 43 earlier actionsConnect Plus

Latest bill textChaptered version, October 10, 2025 · 6,965 words

Senate Bill No. 582

CHAPTER 546

An act to amend Sections 1569.695 and 1596.8535 of, to add Sections 1418.23, 1524.2, 1524.3, 1568.069, 1568.257, 1569.192, and 1796.64 to, to add Chapter 7.6 (commencing with Section 11834.60) to 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.

[ Approved by Governor October 10, 2025. Filed with Secretary of State October 10, 2025. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 582, 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 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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 people’s 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 children’s 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) 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 reviewed at least once per year. 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.

(c) This section shall not apply to any facility owned or operated by the Department of Corrections and Rehabilitation, which shall maintain disaster and mass casualty plans in accordance with Department of Corrections and Rehabilitation regulations and policies.

SEC. 3.

Section 1524.2 is added to the Health and Safety Code, to read:

1524.2.

(a) This section shall apply to any community care facility that serves children, as specified in this chapter.

(b) A licensee of a facility described in subdivision (a) may request inactive license status if the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code.

(c) A license shall not be valid, for the purposes of Section 1508, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

SEC. 4.

Section 1524.3 is added to the Health and Safety Code, to read:

1524.3.

(a) This section shall apply to any community care facility that serves adults, as specified in this chapter.

(b) A licensee of a facility described in subdivision (a) may request inactive license status for either of the following:

(1) If the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code.

(2) For any other period of inactivity in the operation of the facility.

(1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval.

(2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted.

(3) Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, the annual fee specified in paragraph (1) of subdivision (a) of Section 1523.1 during the period of inactive license status.

(4) Paragraph (2) of subdivision (b) shall become operative on January 1, 2028.

(d) A license shall not be valid, for the purposes of Section 1508, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

(e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

SEC. 5.

Section 1568.069 is added to the Health and Safety Code, to read:

1568.069.

(a) A licensee of a residential care facility for persons with chronic, life-threatening illness may request inactive license status for either of the following:

(2) For any other period of inactivity in the operation of the facility.

(b) For a period of inactivity, as described in paragraph (2) of subdivision (a), the following shall apply:

(1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval.

(2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted.

(4) Paragraph (2) of subdivision (a) shall become operative on January 1, 2028.

(c) A license shall not be valid, for the purposes of subdivision (a) of Section 1568.03, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

SEC. 6.

Section 1568.257 is added to the Health and Safety Code, to read:

1568.257.

(a) A licensee of a medical foster home for veterans may request inactive license status for either of the following:

(2) For any other period of inactivity in the operation of the facility.

(b) For a period of inactivity, as described in paragraph (2) of subdivision (a), the following shall apply:

(1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval.

(2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted.

(3) Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, any annual fee authorized by this chapter during the period of inactive license status.

(4) Paragraph (2) of subdivision (a) shall become operative on January 1, 2028.

(c) A license shall not be valid, for the purposes of subdivision (a) of Section 1568.23, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

SEC. 7.

Section 1569.192 is added to the Health and Safety Code, to read:

1569.192.

(a) A licensee of a residential care facility for the elderly may request inactive license status for either of the following:

(2) For any other period of inactivity in the operation of the facility.

(b) For a period of inactivity, as described in paragraph (2) of subdivision (a), the following shall apply:

(1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval.

(2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted.

(4) Paragraph (2) of subdivision (a) shall become operative on January 1, 2028.

(c) A license shall not be valid, for the purposes of Section 1569.10, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

SEC. 8.

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.

(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 manufacturer’s operating instructions shall be followed.

(B) Responding to an individual resident’s 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.

(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 department’s 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 provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153.

(k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan.

SEC. 9.

Section 1596.8535 of the Health and Safety Code is amended to read:

1596.8535.

(a) Notwithstanding any other provision of law, the department shall conduct any authorized inspection, announced site visit, or unannounced site visit of any child daycare facility only during the period beginning one hour before and ending one hour after the facility’s normal business hours or at any time childcare services are being provided. This subdivision shall not apply to the investigation of any complaint received by the department if the department determines that an inspection or site visit outside the time period beginning one hour before, and ending one hour after, the facility’s normal operating hours is necessary to protect the health or safety of any child in the facility.

(b) The department shall not perform any inspection, announced site visit, or unannounced site visit of a facility during any period of inactive license status as described in subdivision (c), subject to subdivision (a).

(2) For any other period of inactivity in the operation of the facility.

(d) For a period of inactivity, as described in paragraph (2) of subdivision (c), the following shall apply:

(1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval.

(2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted.

(3) A licensee shall be responsible for the payment of the annual fee specified in paragraph (1) of subdivision (a) of Section 1596.803 during the period of inactive license status.

(4) Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, the annual fee specified in paragraph (1) of subdivision (a) of Section 1596.803 during the period of inactive license status.

(e) A license shall not be valid, for the purposes of Section 1596.80, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

(f) (1) No later than May 1, 2026, a licensee with inactive license status granted by the department on or before December 31, 2023, shall submit a request for inactive license status, on a form approved by the department, for department review and approval, if the licensee seeks to extend the period of inactivity as described in paragraph (2) of subdivision (c).

(2) No later than October 1, 2026, a licensee with inactive license status granted by the department on or after January 1, 2024, until December 31, 2025, shall submit a request for inactive license status, on a form approved by the department, for department review and approval, if the licensee seeks to extend the period of inactivity as described in paragraph (2) of subdivision (c).

(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

SEC. 10.

Section 1796.64 is added to the Health and Safety Code, to read:

1796.64.

(a) A licensee of a home care organization may request inactive license status if the home care organization is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code.

(b) A license shall not be valid, for purposes of this chapter, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

(c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

SEC. 11.

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 Disasters

1796.80.

This chapter shall apply to the entities licensed by the State Department of Social Services pursuant to the following:

(a) Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.

(b) Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.

(d) Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code.

(e) Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code.

(f) Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the Health and Safety Code.

(g) Chapter 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code.

(h) Chapter 3.65 (commencing with Section 1597.70) of Division 2 of the Health and Safety Code.

(i) Chapter 13 (commencing with Section 1796.10) of Division 2 of the Health and Safety Code.

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 nonoperational due to its destruction, significant damage, or prolonged closure, 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 Social Services shall allow the entity, when nonoperational due to its destruction, significant damage, or prolonged closure, 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.

(2) The entity shall notify the State Department of Social Services within 90 days of the proclamation or declaration if the entity seeks to request inactive license status pursuant to paragraph (1). The department may extend the time to submit a request for inactive license status, subject to department approval. Inactive license status shall be limited to no more than two years but may be extended, subject to department approval.

(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.

Notwithstanding any other law, 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 Social Services has approved a request for inactive license status pursuant to Section 1796.82, the department may waive, in whole or in part, the annual or biennial state licensing fees, as applicable, 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 requests inactive license status pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.

1796.85.

(a) For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Health Care Services shall require Medi-Cal managed care plans to presume that conditions are met for Emergency Remote Services in Community-Based Adult Services (CBAS) programs, as described in Section 14184.201 of the Welfare and Institutions Code, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days.

(b) For the duration of the first 90 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Social Services shall waive in-person or daily attendance requirements for childcare programs for purposes of an entity made nonoperational, as described in Section 1796.82, during those 90 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.

1796.87.

Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

1796.88.

In the event of a proclamation or declaration listed in Section 1796.81, the State Department of Public Health may continue to exercise its existing authority, including, but not limited to, pursuant to Sections 1245, 1271.1, and 1300, and any proclamation or declaration authorizing alternative action. The department may take actions, including, but not limited to:

(a) Suspending a facility’s beds, services, or license to assist facilities that have been rendered nonoperational due to a declared disaster.

(b) Coordinating site inspections and facilitating the reestablishment of services.

(d) Considering program flexibility requests.

SEC. 12.

Chapter 7.6 (commencing with Section 11834.60) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:

CHAPTER 7.6. Licensing and Certification During Emergencies or Disasters

11834.60.

This chapter shall only apply to alcohol or other drug recovery or treatment facilities, as defined in Section 11834.02, and alcohol or other drug programs, as defined in Section 11832.2.

11834.61.

(a) An alcohol or other drug recovery or treatment facility or an alcohol or other drug program may request the department to place its license or certification on inactive status as a result of an emergency or disaster proclaimed or declared, as described in Section 1796.81, if both of the following apply:

(1) The facility or program is forced to close because the destruction or damage to the building renders the building inhabitable or threatens the health and safety of the residents or clients.

(2) The facility or program intends to become operational at the same location.

(b) A facility or program shall request the current license or certification to be made inactive pursuant to subdivision (a) within 90 days of the applicable proclamation or declaration.

(c) To request an inactive license or certification, a facility or program shall submit to the department, by mail or email, all of the following:

(1) The name of the licensed facility or certified program.

(2) The license or certification number.

(3) The mailing address of the facility or program.

(4) The email address of the facility or program, if applicable.

(5) The name of the applicable proclamation or declaration.

(6) A description of the destruction or damage to the building, including photographs or insurance claims that show the destruction or damage to the building.

(7) A statement affirming the facility or program intends to become operational at the same location.

(d) The department shall, within 15 working days of receipt of the request in subdivision (b) and the information specified in subdivision (c), provide written notification to a facility or program stating whether the request is complete or incomplete.

(1) If the request is incomplete, a facility or program shall have 30 working days from the date of the written notification to provide missing information. Failure to submit the missing information within 30 working days shall result in the request being automatically terminated. The facility or program may resubmit a new request together with the information specified in subdivision (c) so long as it is within 90 days of the applicable proclamation or declaration.

(2) If a facility or program request is complete, the applicable license or certification shall become inactive as of the date of the written notification from the department.

(e) A facility seeking to reactivate a license shall submit a completed written application for extension pursuant to Section 11834.16. A facility seeking to reactivate a license pursuant to this section is exempt from paying the fees associated with a license extension.

(f) A program seeking to reactivate a certification shall submit a completed written application for renewal pursuant to Section 11832.6. A program seeking to reactivate a certification pursuant to this section is exempt from paying the fees associated with a certification renewal.

(g) Licensure and certification fees shall not be due or payable during the time period when a license or certification is inactive.

(h) A facility or program shall apply for reactivation pursuant to subdivision (e) or (f) within two years of the written notification from the department set forth in paragraph (2) of subdivision (d). If the facility or program does not apply for reactivation within this timeframe, the license or certification shall expire. The facility or program may then apply for a new license or certification pursuant to Section 11834.03 or Section 11832.4.

(i) Inactive license status may be extended subject to department approval.

(j) A facility or program with an inactive license or certification shall not provide any services during the inactive period.

(k) This chapter shall not waive existing law, including Sections 11832.12, 11832.13, 11834.31, and 11834.35, or the facility’s or program’s obligation to submit information regarding compliance with any applicable statutes and regulations.

(l) An inactive license or certification shall not deprive the department of its authority to institute or continue a licensing or certification action against the licensee or program upon any ground provided by law or to enter an order suspending or revoking the license or certification or otherwise taking disciplinary action against the licensee or program on any ground provided by law.

11834.62.

Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this chapter through the use of all-county letters, provider bulletins, or similar instructions.

11834.63.

If an alcohol or other drug recovery or treatment facility or an alcohol or other drug program subject to this chapter 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 an inactive license pursuant to Section 11834.61, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes to ensure consistent approval dates for inactive licenses or certifications and license or certification reactivation dates.

SEC. 13.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.

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