California COVID-19 Guidance: Week in Review (April 20, 2020)

As we work together to battle the COVID-19 pandemic, we are faced with a barrage of new guidance, regulations and mandates. To help you keep pace with a fast-changing environment, Manatt has created a new resource that gives you “one-stop” access to all of the governor’s executive orders and California directives and mandates. Click here to view the new California resource page. We will be updating the page frequently to ensure you have the latest information on today’s rapidly shifting regulatory landscape. In addition, each week we will be sending you a summary of key developments, including direct links to major new guidance and announcements. Our first issue appears below. (We have created a similar resource page that features New York executive orders and agency guidance. Click here to view the New York resource page.)

If you have any questions as you review our COVID-19 California Roundup, please reach out to Jonah Frohlich at jfrohlich@manatt.com or Tom McMorrow at tmcmorrow@manatt.com. 

New Guidance Released

• Executive Order N-49-20 (4/14/2020)
  • Governor Newsom signed an executive order that addresses the release and reentry process at the Division of Juvenile Justice (DJJ) so that eligible youth serving time can be discharged safely and expeditiously.
• Executive Order N-50-20 (4/15/2020)
  • Governor Newsom signed an executive order announcing that starting on Monday, April 20, the Employment Development Department (EDD) will launch new call centers that will operate seven days a week from 8 a.m. to 8 p.m.
• Executive Order N-51-20 (4/16/2020)
  • Governor Newsom signed an executive order to support California workers from large employers in the food sector industry with two weeks of paid sick leave, filling a gap left by federal relief that had provided similar paid leave benefits for employers with fewer than 500 workers.
• Executive Order N-52-20 (4/17/2020)
  • Governor Newsom signed an executive order adjusting admissions requirements for the California State University system and providing flexibility for 60 days on background checks for critical infrastructure sectors.
• Executive Order N-53-20 (4/17/2020)
  • Governor Newsom signed an executive order that allows for temporary waivers to certain foster youth programs to allow county child welfare agencies and probation departments to perform necessary functions using alternative processes other than face-to-face interactions.

California Department of Public Health

• AFL 20-39: Coronavirus Disease 2019 (COVID-19) Optimizing the Use of Personal Protective Equipment (PPE) (4/13/2020)
  • Guidance on how to limit the number of exposed healthcare personnel and conserve PPE at healthcare facilities.
• AFL 20-40: Suspension of Specified Regulatory Requirements for Nurse Assistant Training Programs (NATPs) (4/14/2020)
  • CDPH is temporarily waiving specified statutory requirements and suspending regulatory enforcement for NATPs and nursing facilities that provide instruction and training to nurse assistants seeking certification as certified nurse assistants (CNAs).
• AFL 20-41: Prohibition on charging for federally supplied assets or pharmaceuticals from the Strategic National Stockpile (SNS) (4/16/2020)
  • Guidance stating that healthcare facilities cannot charge for any federally supplied medical assets or pharmaceuticals received from the SNS.
• AFL 20-42: ​Coronavirus Disease (COVID-19) APH Reporting (4/17/2020)
  • CDPH is requesting that acute psychiatric hospitals (APHs) complete a one-time survey to report information about bed space, the number of COVID-19 patients, both confirmed positive and suspect patients, equipment, and other urgent needs of the facilities.

Department of Health Care Services

• DHCS COVID-19 Frequently Asked Questions: Medication-Assisted Treatment and Telehealth (4/07/2020)
  • Provides guidance for medication-assisted treatment including clarifications on new DEA guidance and affected HIPAA regulations regarding communication technologies and telemedicine/telehealth.
• APL 20-007: Community-Based Adult Services – Flexibilities in Managed Care (4/13/2020)
  • All Plan Letter (APL) provides Medi-Cal managed care health plans with policy guidance regarding the temporary authorization of community-based adult services (CBAS) provided telephonically in participants’ homes and individually in centers, in lieu of congregate services provided at CBAS centers.
• Family PACT Update: Injectable Birth C​ontrol Administration Guidelines (04/14/2020)
  • DHCS will temporarily allow for pharmacy dispensing of subcutaneous depot medroxyprogesterone acetate (DMPA-SQ) directly to the recipient for self-administration at home.
• APL 20-009: Older/At-Risk Individuals – Guidelines to Reduce Isolation and Promote Health While Sheltering at Home (4/15/2020)
  • This APL is a reminder to Medi-Cal managed health plans to continue to serve and provide resources to members who are aged 60+ or have high-risk health conditions as part of the “Stay Home. Save Lives. Check In.” campaign.
• Breast and Cervical Cancer Treatment Program (BCCTP) Presumptive Eligibility Flexibilities due to COVID-19 (04/17/2020)
  • The DHCS is approving immediate flexibilities for Every Woman Counts (EWC) and Family Planning, Access, Care, and Treatment (FPACT) program Qualified Providers that are enrolling individuals into the Breast and Cervical Cancer Treatment Program (BCCTP) to limit potential exposure to COVID-19, including utilization of telephonic signatures for applications.
• Presumptive Eligibility (PE) Coronavirus (COVID-19) Application Step-by-Step Guide – Interim Process for Qualified Providers (4/07/2020)
  • Provides instructions on processing an application for individuals requesting the necessary diagnostic testing, testing-related services and treatment services, including all medically necessary care for the individual associated with COVID-19.

Department of Social Services

• ACL 20-40: Implementation of Division E of Federal House Resolution 6201 Related to Emergency Paid Sick Leave Due to COVID-19 Pandemic (4/14/2020)
  • Provides information to counties regarding the implementation of Division E of the Families First Coronavirus Response Act, H.R. 6201, which provides emergency paid sick leave to in-home supportive services (IHSS) and waiver personal care services (WPCS) providers due to the COVID-19 pandemic.

News

Office of the Governor

• California, Oregon and Washington Announce Western States Pact (4/13/2020)
  • California, Oregon and Washington have agreed to work together on a shared approach for reopening economies. The three states have agreed to a West Coast framework.
• Governor Newsom Outlines Six Critical Indicators the State Will Consider Before Modifying the Stay-at-Home Order and Other COVID-19 Interventions (4/14/2020)
  • Six key indicators will guide California’s thinking for when and how to modify the stay-at-home and other orders.
  • The six indicators are:
    • The ability to monitor and protect our communities through testing, contact tracing, isolating and supporting those who are positive or exposed
    • The ability to prevent infection in people who are at risk for more severe COVID-19
    • The ability of the hospital and health systems to handle surges
    • The ability to develop therapeutics to meet the demand
    • The ability for businesses, schools and child care facilities to support physical distancing
    • The ability to determine when to reinstitute certain measures, such as stay-at-home orders, if necessary
• Governor Newsom Announces New Initiatives to Support California Workers Impacted by COVID-19 (4/15/2020)
  • Governor Newsom announced $125 million in disaster relief assistance for working Californians. This first-in-the-nation, statewide public-private partnership will provide financial support to undocumented immigrants impacted by COVID-19.
• Governor Newsom Taps California Business, Labor, Health Care and Community Leaders for New Task Force on Business and Jobs Recovery (4/17/2020)
  • Governor Newsom has appointed Tom Steyer as chief advisor to the governor on business and job recovery. This task force brings together Californians from across a diverse range of the state’s economy to develop recommendations, with a focus on regions and communities hardest hit by the pandemic. Read the full list of task force members here.
• Governor Newsom Visits Project Roomkey Site in Santa Clara County to Highlight Progress on the State’s Initiative to Protect Homeless Individuals from COVID-19 (4/18/2020)
  • The state has secured 10,974 hotel and motel rooms and 1,133 trailers for extremely vulnerable individuals experiencing homelessness. The state has reached an agreement with the Motel 6 chain to make available all of its corporate-owned locations to counties, making an additional 5,025 rooms available.
• California Governor Newsom Announces Task Force on Business and Jobs Recovery (4/20/2020)
  • Governor Newsom announced the creation of the Task Force on Business and Jobs Recovery to aid in crafting strategies and solutions for recovery from the economic fallout of the COVID-19 pandemic.

San Francisco Office of the Mayor

• San Francisco Launches Innovative Contact Tracing Program to Strengthen Coronavirus Response (4/15/2020)
  • San Francisco announced an innovative new program to identify Bay Area residents who have been exposed to coronavirus and give them access to testing and resources. The contact tracing program will expand San Francisco’s ability to find and connect with individuals who may be close contacts of a person with a confirmed case of coronavirus.