1287.
(a) A facility shall not terminate or make significant quality-of-care changes to its skilled nursing or supportive care services, or transfer a resident to another facility except as described in subdivision (b), during any state of emergency declared pursuant to Section 8625 of the Government Code relating to the coronavirus disease 2019 (COVID-19), unless the owner of the facility files a bankruptcy petition under Title 11 of the United States Code or under any other federal bankruptcy laws.
(b) A resident transfer under the conditions described in subdivision (a) may occur only if any of the following is met:
(1) The transfer is deemed medically necessary by a government agency. an attending physician approved by the impacted resident or their legally authorized representative, if applicable.
(2) The impacted resident or their legally authorized representative, if applicable, provides written consent after being informed of their right to refuse the transfer in writing and in a language and manner that they understand.
(3) The owner of the facility files a bankruptcy petition as described in subdivision (a).
(b)
(c) For one year after termination of any state of emergency declared pursuant to Section 8625 of the Government Code relating to COVID-19, the owner of a facility shall issue a six-month advance notice of any proposed sale or termination of the licensed operation of the facility to each resident and their representatives before the sale or termination goes into effect.
(c)
(d) Unless the owner of a facility files a bankruptcy petition under Title 11 of the United States Code or any other laws of the United States, under any other federal bankruptcy laws, both of the following apply during any state of emergency declared pursuant to Section 8625 of the Government Code relating to COVID-19:
(1) All conditions of operation imposed by the Attorney General as conditions for the sale of assets from a nonprofit entity to a for-profit entity shall remain in effect and unchanged.
(2) All conditions for the sale of assets imposed by the Attorney General that are in effect at the beginning of the state of emergency shall remain in effect.
(d)
(e) During any state of emergency declared pursuant to Section 8625 of the Government Code relating to COVID-19, if a resident of a facility, or an individual temporarily transferred to a facility from another facility or any other type of health facility, has tested positive for COVID-19 within the previous 14 calendar days, the facility of that resident or where that
individual is transferred shall do both of the following, subject to state and federal privacy laws, as instructed by the department:
(1) Notify all other residents of the facility and their representatives about the existence of a new case of COVID-19, without disclosing the identity of the resident or other individual who has tested positive.
(2) In the case of a resident who has tested positive for COVID-19, notify the representatives of that resident about their COVID-19 case. In the case of an individual temporarily transferred to the facility and who has tested positive for COVID-19, if the individual becomes a resident of the facility, notify the representatives of that individual about their COVID-19 case.
(e)
(f) The protections provided under this section are in addition to, and not exclusive of, any other protections for facility residents regarding transfer and discharge.
(f)
(g) For purposes of this section, the following definitions apply:
(1) Except as described in paragraph (2), “facility” means an intermediate care facility, as defined in subdivision (d) of Section 1250, or a
skilled nursing facility, as defined in subdivision (c) of Section 1250, but does not include either of the following:
(A) Licensed beds in any facility specified in Section 4100 of the Welfare and Institutions Code or any other facility operated by the State Department of State Hospitals.
(B) Any facility operated by the State Department of Developmental Services, including, but not limited to, any Stabilization, Training, Assistance and Reintegration (STAR) home, developmental center, or community facility.
(2) “Health facility” has the same meaning as defined in Section 1250.
(g)
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.