Today's Law As Amended


PDF |Add To My Favorites | print page

SB-786 Alcoholism or drug abuse recovery or treatment facilities: overconcentration.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 11834.09 of the Health and Safety Code is amended to read:

11834.09.
 (a) The   department may issue a single license to operate an alcoholism or drug abuse recovery or treatment facility upon  Upon  receipt of a completed written application, fire clearance, and licensing fee from the prospective licensee, and  subject to the department’s review and determination that the applicant  prospective licensee  can comply with this chapter and regulations adopted pursuant to this chapter. chapter, the department may issue a single license to the following types of alcoholism or drug abuse recovery or treatment facilities: 
(1)  A residential facility.
(2)  A facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee.
(b)   Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the department’s licensure review and shall require submission of a new application by the applicant. prospective licensee. 
(c)   Failure of the applicant  prospective licensee  to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the prospective licensee’s  application for licensure.
(d) Initial licenses for new facilities  to providers at new facilities or new providers at existing facilities  shall be provisional for one year. During the term of the a  provisional license, the department may revoke the license for good cause. For the purposes of this section, “good cause” means includes  failure to operate in compliance with this chapter or the regulations adopted pursuant to this chapter. A licensee  chapter or comply with the conditions of a license or otherwise fail to provide an acceptable standard of care to residential patients or program participants. Licensees whose provisional licenses are revoked  may not reapply for an initial  a new provisional  license for five years following a revocation of a provisional license. six months following revocation. 
(e) On or before July 1, 2022, the department shall adopt regulations to implement this section 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).
(f) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions, until regulations are adopted.

SEC. 2.

 Section 11834.10 of the Health and Safety Code is amended to read:

11834.10.
 (a)  A licensee shall not operate an alcoholism or drug abuse recovery or treatment facility beyond the conditions and limitations specified on the license. All programs and services offered or provided by a licensed alcoholism or drug abuse recovery or treatment facility, including, but not limited to, incidental medical services pursuant to Section 11834.025, must be specified in the license application and provided exclusively within the licensed facility on the licensed property and for the benefit of the residential patients or program participants. 
(b) Licensed services offered or provided by a licensed alcoholism or drug abuse recovery or treatment facility, including, but not limited to, incidental medical services as defined in Section 11834.026, shall be specified on the license and provided exclusively:
(1) Within the licensed facility.
(2) Within any facilities identified on a single license by street address.
(c) Only residents of the licensed alcoholism or drug abuse recovery or treatment facility shall receive licensed services.
(d) A licensee that serves more than six residents shall, at all times, maintain all of the following insurance coverages, which shall include as an additional insured any government entity with which the licensee has a contract:
(1) Commercial general liability insurance that includes coverage for premises liability, products and completed operations, contractual liability, personal injury and advertising liability, abuse, molestation, sexual actions, and assault and battery, with minimum coverage amounts for bodily injury or property damage of not less than one million dollars ($1,000,000) per occurrence.
(2) Commercial or business automobile liability insurance covering all owned vehicles, hired or leased vehicles, nonowned vehicles, and borrowed and permissive uses, with minimum coverage amounts for bodily injury or property damage of not less than one million dollars ($1,000,000) per occurrence.
(3) Workers’ compensation insurance, as required by law. Notwithstanding subdivision (b) of Section 3700 of the Labor Code, a certificate of self-insurance obtained pursuant to that subdivision does not satisfy this requirement.
(4) Employer’s liability insurance, with minimum coverage amounts for bodily injury or disease of not less than one hundred thousand dollars ($100,000) per occurrence.
(5) Professional liability and errors and omissions insurance that includes an endorsement for contractual liability, with minimum coverage amounts of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. If applicable, the contract shall include an endorsement for defense and indemnification of any government entity with which the licensee has contracted.
(e) A licensee that serves six or fewer residents shall, at all times, maintain general liability insurance coverage.
(f) (1) A licensee may meet the insurance requirements of this section by procuring coverage from an admitted insurer, or a nonadmitted insurer that is eligible to insure a home state insured under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1 of the Insurance Code.
(2) Notwithstanding paragraph (1), the workers’ compensation insurance required by this section shall be obtained as required by Section 3700 of the Labor Code.
(g) The department may adopt regulations to implement this section 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).
(h) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions.

SEC. 3.

 Section 11834.11 is added to the Health and Safety Code, to read:

11834.11.
 (a) For any licensing application submitted on or after January 1, 2019, the department shall deny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration in an area zoned for residential use.
(b) As used in this section, “overconcentration” means that if a new license is issued, two or more alcoholism or drug abuse recovery or treatment facilities will be separated by a distance of 300 feet or less, as measured from the nearest property line on which an existing facility is located to the nearest property line of the proposed facility in an area zoned residential.
(c) (1) Legal nonconforming facilities may continue to operate subject to the terms and conditions of their existing licenses. No expansion or intensification of legal nonconforming facilities shall be allowed unless the facility conforms with the requirements of this section.
(2) For the purposes of this section, a “legal nonconforming facility” is a licensed facility that is operating in compliance with all local, state, and federal laws on December 1, 2018, but that is located within 300 feet or less of another licensed facility operating in compliance with local, state, and federal laws on December 1, 2018, as measured from the nearest property lines on which the existing facilities are located, as long as they are in continuous operation.
(d) At least 45 days prior to approving any application for a new facility, the department or county licensing agency shall post on its Internet Web site the address of the proposed new facility in a list organized by city or unincorporated county area in which permit applications are made. Within five days of submitting its application, a license applicant shall notify in writing the city or unincorporated area’s planning department in the jurisdiction where the proposed facility would be located of the license application and provide the applicable planning department a copy of the license application.
(e) Any city or county may request denial of the license applied for on the basis of an overconcentration of facilities.

SEC. 4.

 Section 11834.31 of the Health and Safety Code is amended to read:

11834.31.
 If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site visit to investigate the allegation. If the department’s employee or agent finds evidence that the facility is providing alcoholism or drug abuse recovery, treatment, or detoxification services without a license, the employee or agent shall take the following actions:
(a)   Submit the findings of the investigation to the department.
(b)   Upon departmental authorization, issue a written notice to the facility stating that the facility is operating in violation of Section 11834.30. The notice shall include all of the following:
(1)   The date by which the facility shall cease providing services.
(2)   Notice that the department will assess against the facility a civil penalty of two thousand dollars ($2,000) per day for every day the facility continues to provide services beyond the date specified in the notice.
(3)   Notice that the case will be referred for civil proceedings pursuant to Section 11834.32 in the event the facility continues to provide services beyond the date specified in the notice.
(c)   Inform the facility of the licensing requirements of this chapter.
(d) A person or entity found to be in violation of Section 11834.30 shall be prohibited from applying for initial licensure for a period of five years from the date of the notice specified in subdivision (b).

SEC. 5.

 Section 11834.34 of the Health and Safety Code is amended to read:

11834.34.
 (a)  In addition to the penalties of suspension or revocation of a license issued under this chapter, the department may also levy a civil penalty for violation of this chapter or the regulations adopted pursuant to this chapter.
(1)  The amount of the civil penalty, as determined by the department,  penalty  shall not be less than two hundred fifty dollars ($250) one thousand dollars ($1,000)  or more than five hundred fifteen thousand  dollars ($500) ($15,000)  per day for each violation, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one fifteen  thousand dollars ($1,000) ($15,000)  per day.
(2)  A Any  licensee that is cited for repeating the same violation within 24 months of the first violation is subject to an immediate civil penalty of one thousand  five hundred dollars ($500) and seven hundred fifty dollars ($750) ($1,500) and one thousand dollars ($1,000)  for each day the violation continues until the deficiency is corrected.
(3)  A Any  licensee that has been assessed a civil penalty pursuant to paragraph (2) that repeats the same violation within 24 months of the violation subject to paragraph (2) is subject to an immediate civil penalty of five hundred dollars ($500) and one  two  thousand dollars ($1,000) ($2,000)  for each day the violation continues until the deficiency is corrected.
(b)  Prior to the assessment of any civil penalty, the department shall provide the licensee with notice requiring the licensee to correct the deficiency within the period of time specified in the notice.
SEC. 6.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.