CHA News

Space Waiver Will End with Termination of State of Emergency 

This post has been archived and contains information that may be out of date.

The termination of the COVID-19 state of emergency on Feb. 28 will end many statutory and regulatory waivers — including the space waiver. 

It allows hospitals to use space and beds as they need for patient care without prior approval from the California Department of Public Health (CDPH) and suspends all provisions related to the configuration and use of physical space and classification of beds in a hospital. 

Hospitals that will require the continued use of space in a manner different from statutory and regulatory requirements can submit a program flex request to CDPH.   

Regulations are in place for all other temporary changes that won’t extend beyond the end of the state of emergency. The Department of Health Care Access and Information (HCAI) has announced that the physical environment must be restored to its original condition by April 11, 2023. It must be in compliance with the code it was constructed under and reported to HCAI so confirmation may be made.  

Hospitals that are looking to make temporary changes permanent must submit their projects to HCAI for review and approval, regardless of whether the changes involve construction. Projects intended to be made permanent must meet all current California Building Standards Code requirements and be brought into full compliance. Additionally, if air pressure adjustments were made to specific rooms or areas in response to COVID-19, they will require documentation showing what the rooms were like before the alteration and the plans to return them to their previous compliant conditions.  

If you have any questions, please contact Trina Gonzalez, vice president, policy at