Health and Human Services Agency
California Department of Public Health

AFL 17-22

October 20, 2017

TO:

Providers of: General Acute Care Hospitals, Acute Psychiatric Hospitals, Skilled Nursing Facilities, Intermediate Care Facilities, Intermediate Care Facility/Developmentally Disabled-Habilitative, Special Hospital, Intermediate Care Facility/Developmentally Disabled, Intermediate Care Facility/Developmentally Disabled-Nursing, Intermediate Care Facility/Developmentally Disabled- Continuous Nursing, Congregate Living Health Facility, Correctional Treatment Center, Nursing Facility, Hospice Facility

SUBJECT:

Program waiver eligibility pursuant to Executive Order B-43-17, to expedite recovery efforts for health facilities impacted by California wildfires

All Facilities Letter (AFL) Summary

This AFL notifies health facilities of Executive Order B-43-17, section 7. The order permits California Department of Public Health (CDPH)-approved program waivers, which aim to expedite the recovery efforts in communities affected by the recent California wildfires, and ensure hospitals and other specified health facilities remain open.

Pursuant to Executive Order B-43-17 signed by Governor Jerry Brown on October 18, 2017, health facilities licensed under California Health and Safety Code (HSC) 1250, affected by California wildfires are eligible to apply to CDPH for program waivers of licensing requirements contained in division 2 of the HSC and the accompanying regulations. The counties included in the Executive Order are: Butte, Lake, Napa, Orange, Mendocino, Nevada, Sonoma, Yuba, and Solano. These program waivers will allow health facilities regulated by CDPH and affected by the fires to continue to operate while ensuring patient health and safety.

To obtain a program waiver the facility must provide a letter on facility letterhead that includes the following:

Date of the request;
Description of requirements the facility is requesting to waive;
If possible, the relevant code sections or regulations for which the facility is requesting a wavier;
Alternative measures that will be undertaken to address the intent of the waived requirements and to protect public health and safety;
Statement confirming that the circumstances of the requested waiver are reflected in, and in accordance with, the facility’s disaster and mass casualty plan;
Anticipated duration of need for the waiver; and
Plan to regain compliance with relevant code sections and regulations.

To submit an emergency program waiver request for a facility affected by the recent California wildfires, please submit a letter as requested above to:
ExecutiveOrderProgramWaivers@cdph.ca.gov

The designated district office (DO) will process each waiver request and notify the facility of CDPH’s determination.

CDPH will publish approved waivers in their entirety on its public website, found at:

L&C Health Care Facilities Page
https://www.cdph.ca.gov/Programs/CHCQ/LCP/Pages/HealthCareFacilities.aspx

For additional questions regarding the wavier requirements, please contact the relevant DO. A list of DOs can be found at:

District Office Contact
https://www.cdph.ca.gov/Programs/CHCQ/LCP/Pages/DistrictOffices.aspx

This AFL is a brief summary of Executive Order B-43-17 and may be found at:

Executive Order B-43-14
https://www.gov.ca.gov/news.php?id=20035

Sincerely,

Original signed by Jean Iacino

Jean Iacino
Deputy Director