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California Governor Authorizes Expansion of Health Care Workforce and Facilities

California Governor Authorizes Expansion of Health Care Workforce and Facilities

California Governor Authorizes Expansion of Health Care Workforce and Facilities

California health care facilities should now have additional flexibility to provide necessary and emergent care to patients during this ever-changing crisis in light of an executive order newly issued by Governor Gavin Newsom.

The order seeks to “temporarily expand the health care workforce and allow health care facilities to staff at least an additional 50,000 hospital beds the state needs to treat COVID-19 patients.”

Notably, the executive order authorizes:

  1. Waiver of any of the licensing and staffing requirements for hospitals and health facilities;
  2. Waiver of professional licensing and certification requirements for certified nursing assistants, home health aides, nursing home administrators, and certified hemodialysis technicians;
  3. Waiver of certification and permitting requirements for certain radiology technologists and assistants;
  4. Waiver of licensing requirements that pertain to the credentialing and privileging of physicians;
  5. Waiver of any of the professional licensing requirements;
  6. Suspension of any licensing, certification, or training requirements for EMS personnel;
  7. The Department of Developmental Services to enter into a lease, lease-purchase, lease with option to purchase any real or personal property or any other agreement to procure residences or facilities and necessary equipment, goods or services to serve those individuals with development disabilities in crisis, to respond to, mitigate the effects or prevent the spread of COVID-19 to individuals with developmental disabilities or the general community and only for a term necessary to address the COVID-19 crisis or its effects; and
  8. Case worker visitation requirements to be satisfied through video conferencing, instead of in-person contact.

Learn more regarding the executive order here.


Rachael A. Harrington

Associate

Rachael provides counsel to hospitals, medical staffs, and physician groups with a focus on bylaw and policy review and development, corrective action, medical staff credentialing and privileging, and fair hearing procedures. Rachael assists medical staffs in their corrective action and peer review processes and represents medical staffs in judicial review hearings. She also provides guidance on compliance with EMTALA and emergency department call panel policy and enforcement.

Rachael further provides legal advice to hospitals, medical staffs, physician groups, and providers on a range of legal issues including industry-specific laws related to state and federal reporting requirements, patient privacy rights, organized health care arrangements, and balance billing. Rachael represents her clients against regulatory agency investigations and assists in the navigation of document production and responding to regulatory subpoenas.

In addition, Rachael defends hospitals in whistleblower claims and litigation under Health and Safety Code section 1278.5, and defends health care facilities and workers subpoenaed in the capacity of third-party witnesses.

Prior to joining Procopio, Rachael practiced Common Interest Development Law, representing homeowner associations as general counsel. Rachael continues to provide legal advice on various matters related to association governance, board authority and procedure, governing document interpretation, CC&Rs enforcement and amendment, and homeowner disputes.

Rachael provides counsel to hospitals, medical staffs, and physician groups with a focus on bylaw and policy review and development, corrective action, medical staff credentialing and privileging, and fair hearing procedures. Rachael assists medical staffs in their corrective action and peer review processes and represents medical staffs in judicial review hearings. She also provides guidance on compliance with EMTALA and emergency department call panel policy and enforcement.

Rachael further provides legal advice to hospitals, medical staffs, physician groups, and providers on a range of legal issues including industry-specific laws related to state and federal reporting requirements, patient privacy rights, organized health care arrangements, and balance billing. Rachael represents her clients against regulatory agency investigations and assists in the navigation of document production and responding to regulatory subpoenas.

In addition, Rachael defends hospitals in whistleblower claims and litigation under Health and Safety Code section 1278.5, and defends health care facilities and workers subpoenaed in the capacity of third-party witnesses.

Prior to joining Procopio, Rachael practiced Common Interest Development Law, representing homeowner associations as general counsel. Rachael continues to provide legal advice on various matters related to association governance, board authority and procedure, governing document interpretation, CC&Rs enforcement and amendment, and homeowner disputes.

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