CDPH to Provide 60 Days’ Notice Prior to Ending Waiver for Space and Other Flexibilities
On April 28, the California Department of Public Health (CDPH) notified hospitals that it will provide at least 60 days’ notice prior to rescinding any of the provisions of All Facilities Letter 20-26.7, its waiver on space and other flexibilities. CHA had requested that CDPH create and put in writing this advance notice process. This will allow hospitals time to convert spaces and make any other changes needed to meet these requirements, which have been suspended for the past year.
CHA anticipates that CDPH could provide the 60 days’ notice in mid-May, unless COVID-19 cases rise substantially statewide between now and then. That would mean the waiver would end in mid-July.
This waiver has been in effect in some form since March 20, 2020. It suspends both statutory and regulatory requirements. Specifically, these relate to configuration of space; initial licensure; changing beds or services; providing notice prior to downgrading, changing, or eliminating supplemental services; and Senate Bill 1152 requirements related to the discharge of patients experiencing homelessness.
Hospitals that would need continued ability to operate as they have under this waiver could request a program flexibility from CDPH, which is not authorized to waive state statutory requirements but does have the authority to waive state Title 22 regulations.
Summary of April 20 CDPH Call
CDPH has provided a summary of its April 20 call with health care facilities.
- State Resources: Monitor ICU capacity by region or by county.
- CHA Resources: Hospitals can access county dashboards through the CHA COVID-19 Tracking Tool, which includes hospital-specific data on ICU capacity.