Intermediate care facilities and skilled nursing facilities: COVID-19.

(1) Existing law requires the State Department of Public Health to license, inspect, and regulate intermediate care facilities (ICF) and skilled nursing facilities (SNF) . Existing law generally requires an ICF or SNF to comply with certain procedures and disclosures when transferring ownership or management of the facility, as specified. Existing law imposes criminal penalties on a person who violates the requirements imposed on these facilities. This bill, until July 1, 2022, would prohibit an ICF or SNF, as defined, from terminating or making significant quality-of-care changes to its skilled nursing or supportive care services, or from transferring a resident to another ICF or SNF, during any declared state of emergency relating to the coronavirus disease 2019 (COVID-19) , except if the owner files a bankruptcy petition. Besides the exception of a bankruptcy petition, the bill would authorize a resident transfer during the state of emergency only if the transfer is deemed medically necessary by a public health authority, as specified, or the impacted resident or their representative provides written consent, as specified. The bill would also prohibit, during the same type of state of emergency or until July 1, 2022, any changes in all conditions for the sale of assets imposed by the Attorney General, except if the owner of an ICF or SNF files a bankruptcy petition. During the same type of state of emergency or until July 1, 2022, if a resident of an ICF or SNF, or an individual temporarily transferred to an ICF or SNF, has tested positive for COVID-19 within the previous 14 calendar days, the bill would require the ICF or SNF to notify all residents and their representatives about the existence of a new case of COVID-19, as specified, subject to state and federal privacy laws. The bill, for 6 months after termination of the same type of state of emergency or until January 1, 2023, would require the owner of an ICF or SNF to issue a 90-day advance notice of any proposed sale or termination of the licensed operation of the facility to each resident and their representatives before the sale or termination goes into effect. By expanding the requirements and prohibitions imposed on a licensee of an ICF or SNF, and thereby expanding the scope of a crime, this bill would impose a state-mandated local program. (2) 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. (3) This bill would declare that it is to take effect immediately as an urgency statute.