On March 18th, DSS issued Provider Information Notice 20-08-ASC providing updated or additional statewide waivers for certain licensing requirements pertaining to Adult and Senior Care (ASC) licensees, particularly around workforce requirements. Updated PIN supersedes the previous PIN 20-07-ASC and include the following:
- Recommendations on the prevention, containment
and mitigation measures for COVID-19, outlining responses to three scenarios:
- Implementation of Prevention Measures – For text, see PIN 20-08-ASC.
- Implementation of Containment Measures – For text, see PIN 20-08-ASC.
- Implementation of Mitigation Measures – For text, see PIN 20-08-ASC.
- The Statewide waivers granted under the previous
PIN include:
- Visitation (see updated waiver text below)
- Planned Activities and Resident/Family Councils: “Facility may waive planned activities, group meetings, and limit internal group activities as necessary for prevention, containment, and mitigation measures. This waiver applies to group activities as described in HSC section 1512.5 and Title 22, CCR, sections 82079, 85079, 87219 and 87221.”
- Buildings and Grounds/Capacity Waiver (see updated waiver text below)
- The updated statewide waivers, that supersede
PIN 20-07-ASC, include
- Updated Visitation Waiver; Personal Rights: “Facilities shall limit entry only to individuals who need entry, as necessary for prevention, containment, and mitigation measures as specified in guidance by the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (CDPH), and local health departments. A facility may also limit a person in care’s right to associate with other persons in care, as necessary for containment and mitigation only, not for prevention. In lieu of in-person visits and social gatherings, facilities shall make arrangements for alternate means of communication for visitors such as phone calls, video calls, and online communications. This waiver applies to a person in care’s right to visitation and the personal right to associate with other persons in care under Health and Safety Code section 1512, 1569.269, 1569.313 and 1771.7; Title 22, California Code of Regulations, Division 6, sections 80072, 82072, 85072, 87468, 87468.1, 87468.2 and 87872.”
- Updated Buildings and Grounds/Capacity Waiver: “Facilities may waive buildings and grounds requirements related to capacity or bedroom sharing as necessary for prevention, containment, and mitigation measures, as long as the health and safety of persons in care is not compromised. This waiver may be implemented only as needed to isolate or quarantine a person in care who is exhibiting symptoms of a respiratory virus, or who has tested positive for COVID-19. Any isolation of a person in care shall be based on guidance provided by the CDC, CDPH and local health departments. This waiver applies to a facility’s or home’s obligations under Health and Safety Code sections 1568.02, 1569.269 and 1771.7; Title 22, California Code of Regulations, Division 6, section 87468.1(b).”
- Staffing Ratios Waiver: “Facilities may waive personnel staffing ratios as necessary for prevention, containment, and mitigation measures as long as the licensee is able to meet the health and safety needs of each person in care. This waiver applies to a facility’s obligations regarding staff ratios under Title 22, Cal. Code of Regulations, Division 6, sections 80065, 85065, 85065.5, 85065.6, 87865, 87865.1.”
- Criminal
Record Background Clearance: “Facilities may waive the following
criminal record background check requirements to enable new staff to start
caregiving immediately:
- New staff at a licensed facility may start caring for persons in care immediately upon submission of a request to transfer a current CDSS criminal record clearance or exemption. This waiver applies to background check requirements under Health and Safety Code sections 1522, 1568.09, and 1569.17; and Title 22, Cal. Code of Regulations, Division 6, sections 80019, 87355, and 87819.
- New staff at a licensed facility shall be permitted to start caring for persons in care upon submission of proof of a criminal record clearance from a state, or local government agency. Within 5 business days of starting work the new staff shall LiveScan to be associated to the adult or senior care facility. This waiver applies to background check requirements under Health and Safety Code sections 1522, 1568.09, and 1569.17; and Title 22, Cal. Code of Regulations, Division 6, sections 80019, 87355, and 87819.”
- Personnel
Requirements: “Facilities may waive the following personnel requirements
to enable new staff to start caregiving immediately:
- Staff training, experience and education requirements: New staff, not including a certified administrator or facility manager, may start caregiving as soon as they provide proof of completion of first aid training, which may be completed online, and are trained on universal, droplet, and any other precautions as mandated by CDC guidelines. New staff shall be trained on the specific tasks they will be performing prior to performing those tasks, shall not be left unsupervised while persons in care are present in the facility, and shall not be designated as a substitute for the administrator or facility manager. Initial training requirements shall be met within 30 days of starting employment and copies of all training shall be kept in the employee’s file. This waiver applies to staff training, experience and education standards under Health and Safety Code sections 1562, 1569.625; Title 22, Cal. Code of Regulations, Division 6, sections 80065, 85065, 87411, and 87413.
- Tuberculosis (TB) testing: New staff may start working immediately if they submit proof of a TB clearance, including a certificate of TB clearance or physician’s report confirming a clearance, within the last year. This waiver applies to obligations regarding TB clearance under Title 22, Cal. Code of Regulations, Division 6, sections 80065, 85065, and 87411.
- Staff Age Requirements: The age requirement for caregivers may be waived to allow minors age 17 to begin caregiving, as long as they provide proof of a current and valid work permit, meet standards required by the Department of Industrial Relations, and have met all other personnel requirements and waiver requirements. The permit and proof of compliance with other standards shall be kept in their staff file. Staff who are minors shall not be left unsupervised while persons in care are present in the facility and shall not be designated as a substitute for the administrator or facility manager. This waiver applies to standards under Health and Safety Code section 1569.618; Title 22, Cal. Code of Regulations, Division 6, sections 80065, 85065, 87411, 87413.”
- Administrator Certification: Vendors – For text, see PIN 20-08-ASC.
- Administrator Certification: Initial Certification – For text, see PIN 20-08-ASC.
- Administrator Certification: Certificate Renewals – For text, see PIN 20-08-ASC.
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