CHAPTER 15. Licensing During Emergencies or Disasters [1796.80. - 1796.88.]

Cal. Health and Safety Code - HSC 15.

in effect

Cal. Health and Safety Code - HSC § 1796.80. Section 1796.80.

This chapter shall apply to the entities licensed by the State Department of Social Services pursuant to the following: (a) Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. (b) Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code. (c) Chapter 3.15 (commencing with Section 1568.21) of Division 2 of the Health and Safety Code. (d) Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code. (e) Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code. (f) Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the Health and Safety Code. (g) Chapter 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code. (h) Chapter 3.65 (commencing with Section 1597.70) of Division 2 of the Health and Safety Code. (i) Chapter 13 (commencing with Section 1796.10) of Division 2 of the Health and Safety Code.

Cal. Health and Safety Code - HSC § 1796.81. Section 1796.81.

This chapter shall apply to all of the following proclamations or declarations: (a) A state of emergency, as proclaimed by the Governor pursuant to Section 8625 of the Government Code. (b) A federal emergency declaration by the President of the United States pursuant to Section 5191 of Title 42 of the United States Code under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) (Stafford Act). (c) A federal major disaster declaration by the President of the United States pursuant to Section 5170 of Title 42 of the United States Code under the federal Stafford Act. (d) A federal fire management assistance declaration approved by the Federal Emergency Management Agency (FEMA) pursuant to Section 5187 of Title 42 of the United States Code under the federal Stafford Act and pursuant to Part 204 (commencing with Section 204.1) of Subchapter D of Chapter I of Title 44 of the Code of Federal Regulations.

Cal. Health and Safety Code - HSC § 1796.82. Section 1796.82.

(a) In the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction, significant damage, or prolonged closure, during and as a result of an emergency or disaster proclaimed or declared as described in Section 1796.81, both of the following shall apply: (1) Notwithstanding any other law, and in accordance with this chapter, the State Department of Social Services shall allow the entity, when nonoperational due to its destruction, significant damage, or prolonged closure, to request inactive license status if the entity notifies the department that it intends to become operational again by being rebuilt or reopening in the same location. (2) The entity shall notify the State Department of Social Services within 90 days of the proclamation or declaration if the entity seeks to request inactive license status pursuant to paragraph (1). The department may extend the time to submit a request for inactive license status, subject to department approval. Inactive license status shall be limited to no more than two years but may be extended, subject to department approval. (b) This chapter shall not be construed as waiving any applicable inspection requirements under existing law for purposes of making entities operational again.

Cal. Health and Safety Code - HSC § 1796.83. Section 1796.83.

Notwithstanding any other law, in the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction, significant damage, or prolonged closure, and is being rebuilt for the same purpose, if the State Department of Social Services has approved a request for inactive license status pursuant to Section 1796.82, the department may waive, in whole or in part, the annual or biennial state licensing fees, as applicable, for the entity on a year-by-year basis.

Cal. Health and Safety Code - HSC § 1796.84. Section 1796.84.

If an entity subject to this chapter is licensed or certified by more than one state department within the California Health and Human Services Agency, and is made nonoperational and requests inactive license status pursuant to Section 1796.82, the governing state departments shall coordinate operational steps, including the utilization of concurrent processes.

Cal. Health and Safety Code - HSC § 1796.85. Section 1796.85.

(a) For the duration of the first 30 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Health Care Services shall require Medi-Cal managed care plans to presume that conditions are met for Emergency Remote Services in Community-Based Adult Services (CBAS) programs, as described in Section 14184.201 of the Welfare and Institutions Code, for purposes of an entity made nonoperational, as described in Section 1796.82, during those 30 calendar days. (b) For the duration of the first 90 calendar days following a proclamation or declaration as described in Section 1796.81, the State Department of Social Services shall waive in-person or daily attendance requirements for childcare programs for purposes of an entity made nonoperational, as described in Section 1796.82, during those 90 calendar days.

Cal. Health and Safety Code - HSC § 1796.86. Section 1796.86.

The State Department of Social Services shall collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to this chapter and that are being made operational again after a proclaimed or declared emergency or disaster as described in Section 1796.81.

Cal. Health and Safety Code - HSC § 1796.87. Section 1796.87.

Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

Cal. Health and Safety Code - HSC § 1796.88. Section 1796.88.

In the event of a proclamation or declaration listed in Section 1796.81, the State Department of Public Health may continue to exercise its existing authority, including, but not limited to, pursuant to Sections 1245, 1271.1, and 1300, and any proclamation or declaration authorizing alternative action. The department may take actions, including, but not limited to: (a) Suspending a facility’s beds, services, or license to assist facilities that have been rendered nonoperational due to a declared disaster. (b) Coordinating site inspections and facilitating the reestablishment of services. (c) Waiving applicable fees when authorized by existing law. (d) Considering program flexibility requests.

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