The COVID-19 pandemic brought to light the need for codification of certain procedures and reporting obligations at skilled nursing facilities, the home to some of our most fragile population. As of September 29, 2020, AB 2644 was approved by the Governor amending California Health and Safety Code sections 1255.9 and 1275.41. With these amendments, during a declared public health emergency, such as the current pandemic, all COVID-19-related and suspected COVID-19-related deaths must be reported to the Department of Health within 24 hours. [California Health and Safety section 1275.41 (a)(1) – (2).] The new law also mandates that providers notify residents and their representatives about cases of communicable diseases, such as COVID-19. [California Health and Safety section 1275.41 (b)]
In addition to reporting requirements, the new law requires that a skilled nursing facility have a full-time, dedicated Infection Preventionist whom is either a registered nurse or licensed vocational nurse. [California Health and Safety section 1255.9 (a)(1) – (3).] The facilities will also be required to have a plan in place for infection prevention quality control and will need to confirm that all health care personnel receive infection prevention and control training on an annual basis. [California Health and Safety section 1255.9 (b) – (c).]
As the whole world learns the new normal of life amidst an unprecedented epidemic, our Kronick Healthcare team remains available to navigate the new laws and to ensure that our clients’ training and procedures are current and effectively in place.
Questions
Kronick attorneys across all of the firm’s practice groups – Public Agencies, Natural Resources, Labor & Employment, Business and Healthcare – will continue to provide clients and the community with ongoing updates and advice regarding COVID-19 related issues as developments warrant. Please feel free to contact us for assistance with issues arising from the current health crisis.
Jennifer Scott
jscott@kmtg.com | 916-321-4349