ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities [4080. - 4083.]

Cal. Welfare and Institutions Code - WIC 3.

in effect

Cal. Welfare and Institutions Code - WIC § 4080. Section 4080.

(a) Psychiatric health facilities, as defined in Section 1250.2 of the Health and Safety Code, shall only be licensed by the State Department of Health Care Services subsequent to application by counties, county contract providers, or other organizations pursuant to this part. (b) (1) For counties or county contract providers that choose to apply, the local behavioral health director shall first present to the local behavioral health advisory board for its review an explanation of the need for the facility and a description of the services to be provided. The local behavioral health director shall then submit to the governing body the explanation and description. The governing body, upon its approval, may submit the application to the State Department of Health Care Services. (2) Other organizations that will be applying for licensure and do not intend to use any Bronzan-McCorquodale funds pursuant to Section 5707 shall submit to the local behavioral health director and the governing body in the county in which the facility is to be located a written and dated proposal of the services to be provided. The local behavioral health director and governing body shall have 30 days during which to provide advice and recommendations regarding licensure, as they deem appropriate. At any time after the 30-day period, the organizations may then submit their applications, along with the behavioral health director’s and governing body’s advice and recommendations, if any, to the State Department of Health Care Services. (c) The State Fire Marshal and other appropriate state agencies, to the extent required by law, shall cooperate fully with the State Department of Health Care Services to ensure that the State Department of Health Care Services approves or disapproves the licensure applications not later than 90 days after the application submission by a county, county contract provider, or other organization. (d) Every psychiatric health facility and program for which a license has been issued shall be periodically inspected by a multidisciplinary team appointed or designated by the State Department of Health Care Services. The inspection shall be conducted no less than once every two years and as often as necessary to ensure the quality of care provided. During the inspections the review team shall offer advice and assistance to the psychiatric health facility as it deems appropriate. (e) (1) The program aspects of a psychiatric health facility that shall be reviewed and may be approved by the State Department of Health Care Services shall include, but not be limited to: (A) Activities programs. (B) Administrative policies and procedures. (C) Admissions, including provisions for a mental evaluation. (D) Discharge planning. (E) Health records content. (F) Health records services. (G) Interdisciplinary treatment teams. (H) Nursing services. (I) Patient rights. (J) Pharmaceutical services. (K) Program space requirements. (L) Psychiatrist and clinical psychological services. (M) Rehabilitation services. (N) Restraint and seclusion. (O) Social work services. (P) Space, supplies, and equipment. (Q) Staffing standards. (R) Unusual occurrences. (S) Use of outside resources, including agreements with general acute care hospitals. (T) Linguistic access and cultural competence. (U) Structured outpatient services to be provided under special permit. (V) Substance use disorder services, if the psychiatric health facility admits persons diagnosed only with a severe substance use disorder in accordance with Section 4080.5. (2) The State Department of Health Care Services has the sole authority to grant program flexibility. (f) The State Department of Health Care Services may adopt regulations regarding psychiatric health facilities that shall include, but not be limited to, all of the following: (1) Procedures by which the State Department of Health Care Services shall review and may approve the program and facility requesting licensure as a psychiatric health facility as being in compliance with program standards established by the department. (2) Procedures by which the State Department of Health Care Services shall approve, or deny approval of, the program and facility licensed as a psychiatric health facility pursuant to this section. (3) Provisions for site visits by the State Department of Health Care Services for the purpose of reviewing a facility’s compliance with program and facility standards. (4) Provisions for the State Department of Health Care Services for any administrative proceeding regarding denial, suspension, or revocation of a psychiatric health facility license. (5) Procedures for the appeal of an administrative finding or action pursuant to paragraph (4) of this subdivision and subdivision (j). (g) Regulations may be adopted by the State Department of Health Care Services that establish standards for pharmaceutical services in psychiatric health facilities. Licensed psychiatric health facilities shall be exempt from requirements to obtain a separate pharmacy license or permit. (h) (1) It is the intent of the Legislature that the State Department of Health Care Services shall license the facility in order to establish innovative and more competitive and specialized acute care services. (2) The State Department of Health Care Services shall review and may approve the program aspects of public or private facilities, with the exception of those facilities that are federally certified or accredited by a nationally recognized commission that accredits health care facilities, only if the average per diem charges or costs of service provided in the facility is approximately 60 percent of the average per diem charges or costs of similar psychiatric services provided in a general hospital. (3) (A) When a private facility is accredited by a nationally recognized commission that accredits health care facilities, the State Department of Health Care Services shall review and may approve the program aspects only if the average per diem charges or costs of service provided in the facility do not exceed approximately 75 percent of the average per diem charges or costs of similar psychiatric service provided in a psychiatric or general hospital. (B) When a private facility serves county patients, the State Department of Health Care Services shall review and may approve the program aspects only if the facility is federally certified by the federal Centers for Medicare and Medicaid Services and serves a population mix that includes a proportion of Medi-Cal patients sufficient to project an overall cost savings to the county, and the average per diem charges or costs of service provided in the facility do not exceed approximately 75 percent of the average per diem charges or costs of similar psychiatric service provided in a psychiatric or general hospital. (4) When a public facility is federally certified by the federal Centers for Medicare and Medicaid Services and serves a population mix that includes a proportion of Medi-Cal patients sufficient to project an overall program cost savings with certification, the State Department of Health Care Services shall approve the program aspects only if the average per diem charges or costs of service provided in the facility do not exceed approximately 75 percent of the average per diem charges or costs of similar psychiatric service provided in a psychiatric or general hospital. (5) (A) The State Department of Health Care Services may set a lower rate for private or public facilities than that required by paragraph (3) or (4), if so required by the federal Centers for Medicare and Medicaid Services as a condition for the receipt of federal matching funds. (B) This section does not impose any obligation on any private facility to contract with a county for the provision of services to Medi-Cal beneficiaries, and any contract for that purpose is subject to the agreement of the participating facility. (6) (A) In using the guidelines specified in this subdivision, the State Department of Health Care Services shall take into account local conditions affecting the costs or charges. (B) In those psychiatric health facilities authorized by special permit to offer structured outpatient services not exceeding 10 daytime hours, the following limits on per diem rates shall apply: (i) The per diem charge for patients in both a morning and an afternoon program on the same day shall not exceed 60 percent of the facility’s authorized per diem charge for inpatient services. (ii) The per diem charge for patients in either a morning or afternoon program shall not exceed 30 percent of the facility’s authorized per diem charge for inpatient services. (i) The licensing fees charged for these facilities shall be credited to the State Department of Health Care Services for its costs incurred in the review of psychiatric health facility programs, in connection with the licensing of these facilities. (j) (1) The State Department of Health Care Services shall establish a system for the imposition of prompt and effective civil sanctions against psychiatric health facilities in violation of the laws and regulations of this state pertaining to psychiatric health facilities. If the State Department of Health Care Services determines that there is or has been a failure, in a substantial manner, on the part of a psychiatric health facility to comply with the laws and regulations, the Director of Health Care Services may impose the following sanctions: (A) Cease and desist orders. (B) Monetary sanctions, which may be imposed in addition to the penalties of suspension, revocation, or cease and desist orders. The amount of monetary sanctions permitted to be imposed pursuant to this subparagraph shall not be less than fifty dollars ($50) nor more than one hundred dollars ($100) multiplied by the licensed bed capacity, per day, for each violation. However, the monetary sanction shall not exceed three thousand dollars ($3,000) per day. A facility that is assessed a monetary sanction under this subparagraph, and that repeats the deficiency, may, in accordance with the regulations adopted pursuant to this subdivision, be subject to immediate suspension of its license until the deficiency is corrected. (2) The State Department of Health Care Services may adopt regulations necessary to implement this subdivision and paragraph (5) of subdivision (f) in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (k) Proposed changes in the standards or regulations affecting health facilities that serve persons with mental health disorders, severe substance use disorders, as defined in subdivision (o) of Section 5008, or cooccurring mental health and severe substance use disorders shall be effected only with the review and coordination of the California Health and Human Services Agency. (l) In psychiatric health facilities where the clinical director is not a physician, a psychiatrist, or if one is temporarily not available, a physician shall be designated who shall direct those medical treatments and services that can only be provided by, or under the direction of, a physician.

Cal. Welfare and Institutions Code - WIC § 4080.5. Section 4080.5.

(a) A psychiatric health facility may admit persons diagnosed only with a severe substance use disorder, as defined in subdivision (o) of Section 5008, under the following conditions: (1) The State Department of Health Care Services approves the psychiatric health facility’s policies and procedures for providing substance use disorder services, in accordance with subparagraph (V) of paragraph (1) of subdivision (e) of Section 4080. (2) The psychiatric health facility admits these persons involuntarily pursuant to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code. (3) The psychiatric health facility either offers medications for addiction treatment (MAT) or has an effective referral process in place with narcotic treatment programs, community health centers, or other MAT providers. An effective referral process shall include an established relationship with a MAT provider and transportation to appointments for MAT. (4) The psychiatric health facility implements and maintains a MAT policy approved by the State Department of Health Care Services. The MAT policy shall do all of the following: (A) Explain how a person receives information about the benefits and risks of MAT. (B) Describe the availability of MAT at the program, if applicable, or the referral process for MAT. (C) Identify an evidence-based assessment for determining a person’s MAT needs. (D) Address administration, storage, and disposal of MAT medication, if applicable. (E) Outline training for staff about the benefits and risks of MAT. (F) Outline training for staff on the MAT policy. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, until the time regulations are adopted no later than December 31, 2027.

Cal. Welfare and Institutions Code - WIC § 4081. Section 4081.

(a) (1) Psychiatric residential treatment facilities, as defined in Section 1250.10 of the Health and Safety Code, shall be licensed by the State Department of Health Care Services subsequent to application by counties, county contract providers, or other organizations as defined by the State Department of Health Care Services. The State Department of Health Care Services shall approve or deny each psychiatric residential treatment facility application for licensure or renewal of a license. (2) Each psychiatric residential treatment facility’s initial license shall be provisional for a period of up to one year from the date the department specifies on the provisional license. A psychiatric residential treatment facility with a provisional license may be subject to facility-specific enhanced monitoring requirements, as established by the department, during the period that the provisional license is effective. (3) (A) A psychiatric residential treatment facility shall not serve involuntarily detained patients pursuant to the Children’s Civil Commitment and Mental Health Treatment Act of 1988 and the Lanterman-Petris-Short Act unless the county designates the facility and the State Department of Health Care Services approves the designation of the facility pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5). (B) For voluntary admission of a minor patient subject to the jurisdiction of the juvenile court, the facility shall obtain court authorization for the admission pursuant to Section 361.23 or 727.13, as applicable, and Section 6552. Whenever consent for admission of a patient who is subject to the jurisdiction of the juvenile court is revoked, the facility shall immediately contact the county child welfare agency or probation department, as applicable, to arrange for the patient’s discharge. (4) The department shall set a statewide bed limit based on an analysis to ensure that inpatient psychiatric services for individuals under 21 years of age are available and sufficient in amount, duration, and scope to reasonably achieve the purpose for which services are provided. The statewide bed limit shall comply with state and federal Medicaid requirements. The department shall notify the Legislature when the total number of beds in licensed psychiatric residential treatment facilities in the state reaches 250 beds, 500 beds, and 750 beds. (b) Licensed psychiatric residential treatment facilities shall meet all licensing requirements, as determined by the State Department of Health Care Services. Psychiatric residential treatment facilities shall comply with their approved policies and procedures. A licensed psychiatric residential treatment facility shall not amend their policies and procedures without the State Department of Health Care Services’ approval. (c) For purposes of admission and continued stay at a psychiatric residential treatment facility, a patient shall meet all of the following criteria: (1) The patient’s psychiatric condition requires services on an inpatient basis under the direction of a physician. (2) The services can reasonably be expected to improve the patient’s condition or prevent further regression such that inpatient services at a psychiatric residential treatment facility will no longer be needed. (3) The psychiatric residential treatment facility is the least restrictive setting for treatment of the patient’s psychiatric condition. (d) Services provided at a psychiatric residential treatment facility shall involve active treatment. “Active treatment” means implementation of an individual plan of care. (e) A psychiatric residential treatment facility shall have an individual plan of care for each patient. An individual plan of care is a written plan developed for each patient within 72 hours of the patient’s admission to the facility. The individual plan of care shall be designed to do all of the following: (1) Improve the patient’s condition. (2) Achieve the patient’s discharge from inpatient status at a psychiatric residential treatment facility at the earliest possible time. (3) Examine and document the medical, psychological, social, behavioral, and developmental aspects of the patient’s situation. (4) Document the need for inpatient psychiatric care at a psychiatric residential treatment facility, including anticipated lengths of stay. (5) Prescribe and document active treatment. (f) (1) A patient’s length of stay at a psychiatric residential treatment facility shall be based on criteria to access inpatient psychiatric services, including medical necessity, and shall be consistent with the individual plan of care developed by the interdisciplinary team. (2) A patient certification or recertification of need shall comply with Subpart D of Part 441 of Subchapter C of Chapter IV of Title 42 of the Code of Federal Regulations, including, but not limited to, recertifying a patient’s need for inpatient care at least every 60 days. (g) The interdisciplinary team shall review the individual plan of care every 10 days, at a minimum, and shall review the plan more frequently as indicated by the patient’s condition. Reviews shall address both of the following: (1) Determine that inpatient services provided at a psychiatric residential treatment facility are necessary. (2) Recommend changes to the individual plan of care as indicated by the patient’s overall adjustment as an inpatient. (h) (1) The interdisciplinary team shall include one of the following: (A) A board-eligible or board-certified psychiatrist. (B) A clinical psychologist who has a doctoral degree and a physician licensed to practice medicine or osteopathy. (C) A physician licensed to practice medicine or osteopathy with specialized training and experience in the diagnosis and treatment of mental diseases, and a psychologist who has a master’s degree in clinical psychology or who has been certified by the state or by the state psychological association. (2) The team shall also include one of the following: (A) A psychiatric social worker, as defined by the department. (B) A registered nurse with specialized training in mental health or one year of experience in treating individuals with mental illness. (C) A licensed occupational therapist who has specialized training or one year of experience in treating individuals with mental illness. (D) A psychologist who has a doctoral degree in clinical psychology, as defined by the department, or who has been licensed by the state. (i) The interdisciplinary team shall be responsible for all of the following: (1) Making admission, continued stay, and discharge determinations. (2) Developing an individual plan of care for each patient, as defined in subdivision (e), in consultation with the patient, parents, legal guardians, or others in whose care the patient will be released after discharge. (3) Assessing the patient’s immediate and long-range therapeutic needs, developmental priorities, and personal strengths and liabilities. (4) Assessing the potential resources of the patient’s family or social networks. (5) Setting treatment objectives to improve the patient’s condition. (6) Prescribing an integrated program of therapies, activities, and experiences, including community-based mental health services. (7) Coordinating with the county child welfare agency or county probation department, as applicable, for patients under the jurisdiction of the juvenile court, including, but not limited to, discharge and transition planning, and continuity of care with the patient’s family, school, and community upon discharge. (8) Developing and complying with the psychiatric residential treatment facility’s policies and procedures for ensuring that the provision of services, supports, supervision, or other resources necessary for the patient are designed to support the patient’s transition to a less restrictive setting. (9) Developing aftercare plans pursuant to Section 1262 of the Health and Safety Code. (j) For patients under the jurisdiction of the juvenile court, a psychiatric residential treatment facility shall do all of the following: (1) Provide the patient’s counsel, social worker, and probation officer, as applicable, notice of the patient’s continued stay at the facility every 30 days for the first 60 days and every 15 days thereafter. (2) Provide the patient with a reasonable opportunity to confer with counsel in a private setting within 48 hours of a request from the patient or counsel. (k) The State Department of Health Care Services shall conduct an initial licensing inspection and annual licensing inspections of psychiatric residential treatment facilities. ( l ) Any officer, employee, or agent of the State Department of Health Care Services may, upon presentation of proper identification, enter or inspect any psychiatric residential treatment facility at any time to investigate compliance with any applicable requirements. Inspections may be announced or unannounced. (m) Psychiatric residential treatment facilities shall furnish all information, records, and documentation requested by the State Department of Health Care Services. A psychiatric residential treatment facility shall preserve and provide any information, including books, records, papers, accounts, documents, video, and any writing, as defined in Section 250 of the Evidence Code, that the department deems necessary to review compliance with applicable laws. A psychiatric residential treatment facility shall provide any information the department deems necessary within 15 calendar days from the date of the department’s request unless the department permits an extension. (n) (1) Psychiatric residential treatment facilities shall report serious occurrences in accordance with Section 483.374 of Title 42 of the Code of Federal Regulations to the entities specified therein. A certified facility shall also report serious occurrences to the State Department of Public Health as the State Survey Agency in a form and manner prescribed by the State Department of Public Health. (2) Psychiatric residential treatment facilities shall report unusual occurrences to the State Department of Health Care Services within 24 hours of the occurrence and in a form and manner determined by the department. The department shall identify the unusual occurrences that a facility is required to report in future guidance pursuant to subdivision (w). (3) Psychiatric residential treatment facilities shall report use of restraint or seclusion to the State Department of Health Care Services within 24 hours of the occurrence and in a form and manner determined by the department. The department shall provide future guidance regarding the reporting of the use of restraint or seclusion pursuant to subdivision (w). (4) Within 24 hours of a serious occurrence, unusual occurrence, or use of restraint or seclusion, psychiatric residential treatment facilities shall report the occurrence to the authorized representative for the patient and the patient’s attorney, if any, or, when a patient is under the jurisdiction of the juvenile court, to the State Department of Social Services and county child welfare agency or county probation department with responsibility for the child and the patient’s social worker or probation officer and attorney, if any, and, if the child is an Indian child, as defined in subdivisions (a) and (b) of Section 224.1, the child’s tribe. (o) (1) The State Department of Health Care Services may require a psychiatric residential treatment facility to take specified actions to correct any noncompliance. The psychiatric residential treatment facility shall submit a corrective action plan to the State Department of Health Care Services for approval, and shall comply with an approved corrective action plan. The State Department of Health Care Services may specify timeframes and deadlines for submission of a corrective action plan and for correction of noncompliance. (2) The State Department of Health Care Services may place a facility on probation for a repeated noncompliance, failure to submit a corrective action plan as required, or failure to comply with an approved corrective action plan. (3) When a facility is placed on probation pursuant to paragraph (2), the State Department of Health Care Services shall notify the county behavioral health department and State Department of Social Services. (p) The State Department of Health Care Services may enforce psychiatric residential treatment facility requirements by taking any of the following actions: (1) Cease and desist order. (2) Impose monetary penalties. (3) Suspend or revoke a psychiatric residential treatment facility’s license. (q) The license of a psychiatric residential treatment facility shall be immediately suspended if certification for participation in the Medicaid program is denied or revoked, as specified in subdivision (b) of Section 1250.10 of the Health and Safety Code. (r) The State Department of Health Care Services shall provide psychiatric residential treatment facilities with due process pursuant to Section 100171 of the Health and Safety Code when taking any of the actions described in paragraph (2) or (3) of subdivision (p). (s) The State Department of Health Care Services has sole authority to grant program flexibility. (t) Psychiatric residential treatment facilities shall be stand-alone facilities and shall not be in the same building as another facility serving individuals receiving other levels or types of care. (u) (1) The psychiatric residential treatment facility’s application for licensure shall indicate whether the facility shall be unlocked staff-secured, locked, or a combination of both. (2) “Staff-secured” means that 24 hours a day, seven days a week, all unlocked building entrances and exits are continuously monitored and controlled by staff. Residents are not permitted to leave the premises of their own volition. (3) “Locked” means entrances and exits, including windows, which are controlled with locking mechanisms that are inaccessible to the patients. Any additional outside spaces and recreational areas shall similarly be enclosed to preclude egress or ingress from the premises. (v) (1) Psychiatric residential treatment facilities shall only be licensed to serve individuals who are admitted prior to 21 years of age. (2) Psychiatric residential treatment facilities shall ensure separation of minors from adults, consistent with requirements established by the State Department of Health Care Services. (3) Psychiatric residential treatment facilities’ accommodations and patient’s bed assignments shall be based on the patient’s diagnosis and acuity, adjusted developmental age, mental health history, behavioral history, history of violent behavior, history of abuse, age, gender, sexual orientation, gender identity, language, cultural background, reason for the referral, need to accommodate a natural support, and any other factors relevant to the patient’s admission and bedroom assignment. (4) (A) The State Department of Health Care Services shall establish licensing requirements for homelike and age-appropriate patient rooms and common areas. (B) The established number of beds in the facility shall be consistent with the individual treatment needs of the clients served at the facility and shall meet the requirements developed pursuant to this section. At least 50 percent of the beds shall be in single-occupancy rooms. (C) The State Department of Health Care Services shall establish additional licensing requirements for facilities with more than 25 beds to ensure that these facilities establish and maintain a homelike and age-appropriate environment pursuant to subparagraph (A), providing for the comfort and privacy of patients such that patients are nurtured in a developmentally appropriate, organized environment that promotes the individual patient’s recovery and growth, meeting their individual needs and interests. (w) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific the provisions applicable to psychiatric residential treatment facilities in this section and Section 5405 by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. (2) Notwithstanding any other law, the State Department of Public Health may, without taking any regulatory actions pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of an All Facilities Letter or similar instruction. (3) No later than December 31, 2027, the State Department of Health Care Services shall adopt any regulations necessary to implement the provisions applicable to psychiatric residential treatment facilities in this section and Section 5405 in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (4) (A) In order to maximize federal financial participation, regulations established by the State Department of Health Care Services pursuant to this chapter shall be consistent with applicable Medicaid regulations governing psychiatric residential treatment facilities in Subpart D of Part 441 of Subchapter C of Chapter IV of Title 42 of the Code of Federal Regulations. (B) Future regulations established by the State Department of Health Care Services may consider, and provide flexibility regarding, the appropriateness of age groups served within a facility.

Cal. Welfare and Institutions Code - WIC § 4082. Section 4082.

(a) Each new or renewal application for a psychiatric residential treatment facility license shall be accompanied by a licensing fee and an application fee paid to the State Department of Health Care Services for its costs in connection with the licensing of these facilities. (b) The amount of the application fee and the licensing fee shall be determined and collected by the State Department of Health Care Services. The total amount of the fees collected shall not exceed the actual costs of licensure and oversight of psychiatric residential treatment facility programs. (c) The State Department of Health Care Services shall waive the licensing fees and application fees for psychiatric residential facilities that are owned and operated by a California state or local authority as the licensee. (d) Each license or renewal issued pursuant to this chapter shall be subject to renewal 12 months from the date of issuance. Application for renewal of the license shall be accompanied by the necessary fee and shall be filed with the State Department of Health Care Services at least 30 days prior to the expiration date. Failure to file a timely renewal may result in expiration of the license. (e) License and renewal fees collected pursuant to this section shall be deposited into the Mental Health Facility Licensing Fund. (f) 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 section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action.

Cal. Welfare and Institutions Code - WIC § 4083. Section 4083.

(a) Each psychiatric residential treatment facility shall provide the State Department of Health Care Services the data as specified in subdivision (c) of Section 1250.10 of the Health and Safety Code. (b) Each psychiatric residential treatment facility shall provide the State Department of Health Care Services and the behavioral health department for the county in which the facility is physically located with data for Medi-Cal beneficiaries admitted to the facility. (c) Information released or published pursuant to this section shall not contain data that may lead to the identification of patients receiving services in a psychiatric residential treatment facility or information that would otherwise allow an individual to link the published information to a specific person. Data published by the department shall be deidentified in compliance with Section 164.514(a) and (b) of Title 45 of the Code of Federal Regulations. (d) 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 section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026