11853.5.
(a) Any government entity that contracts with a privately owned recovery residence or alcoholism or drug abuse recovery or treatment facility shall require that the contract include both of the following:(1) That the contractor shall, at all times, maintain all of the following insurance coverages, which shall include the government entity as an additional insured and shall be obtained from an admitted insurer:
(A) 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.
(B) 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.
(C) Workers’ compensation insurance, as required by law. Notwithstanding subdivision (b) of Section 3700 of the Labor Code, self-insurance does not satisfy this requirement.
(D) 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.
(E) 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. The contract shall include an endorsement for defense and indemnification of the government entity with which the licensee has contracted.
(2) (A) That the contractor report to the government entity within seven days of any deaths or incidents requiring hospitalization that occur at the recovery residence or alcoholism or drug abuse recovery or treatment facility.
(B) If the reporting entity is a recovery residence, the report shall include all of the following information:
(i) A description of the event or incident, including the time,
location, and nature of the event or incident.
(ii) A list of immediate actions that were taken, including persons contacted.
(iii) A description of the followup action that is planned, including, but not limited to, steps taken to prevent a future death or hospitalization.
(C) If the reporting entity is an alcoholism or drug abuse recovery or treatment facility, the report shall include all of the information required to be reported by Section 10561 of Title 9 of the California Code of Regulations.
(b) For the purposes of this section, the following terms have the following meanings:
(1) “Alcoholism or drug abuse recovery or treatment facility” has the same meaning as in Section
11834.02.
(2) “Government entity” means the state and any political subdivision of the state, including counties, joint powers authorities, and any other unit of local government.
(3) “Recovery residence” has the same meaning as in Section 11833.05.
(c) This section shall apply to contracts entered into, renewed, or amended on and after January 1, 2022.