§ 11834.10. — 11834.10. (Amended by Stats. 2024, Ch. 847, Sec. 47.)

California § 11834.10.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 10.5.: DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS
• Part 2.: PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE
• Ch. 7.5.: CHAPTER 7.5. Licensing
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
A licensee shall not operate an alcohol or other drug recovery or treatment facility beyond the conditions and limitations specified on the license.
(b)
Licensed services offered or provided by a licensed alcohol or other drug recovery or treatment facility, including, but not limited to, incidental medical services as defined in Section 11834.026, shall be specified on the license and provided exclusively:
(1)
Within the licensed facility.
(2)
Within any facilities identified on a single license by street address.
(c)
Only residents of the licensed alcohol or other drug recovery or treatment facility shall receive licensed services.
(d)
A licensee that serves more than six residents shall, at all times, maintain all of the following insurance coverages, which shall include as an additional insured any government entity with which the licensee has a contract:
(1)
Commercial general liability insurance that includes coverage for premises liability, products and completed operations, contractual liability, personal injury and advertising liability, abuse, molestation, sexual actions, and assault and battery, with minimum coverage amounts for bodily injury or property damage of not less than one million dollars ($1,000,000) per
occurrence.
(2)
Commercial or business automobile liability insurance covering all owned vehicles, hired or leased vehicles, nonowned vehicles, and borrowed and permissive uses, with minimum coverage amounts for bodily injury or property damage of not less than one million dollars ($1,000,000) per occurrence.
(3)
Workers’ compensation insurance, as required by law. Notwithstanding subdivision (b) of Section 3700 of the Labor Code, a certificate of self-insurance obtained pursuant to that subdivision does not satisfy this requirement.
(4)
Employer’s liability insurance, with minimum coverage amounts for bodily injury or disease of not less than one hundred thousand dollars ($100,000) per occurrence.
(5)
Professional liability and errors and omissions insurance that includes an endorsement for contractual liability, with minimum coverage amounts of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. If applicable, the contract shall include an endorsement for defense and indemnification of any government entity with which the licensee has contracted.
(e)
A licensee that serves six or fewer residents shall, at all times, maintain general liability insurance coverage.
(f)
(1)
A licensee may meet the insurance requirements of this section by procuring coverage from an admitted insurer, or a nonadmitted insurer that is eligible to insure a home state insured under
Chapter 6 (commencing with Section 1760) of Part 2 of Division 1 of the Insurance Code.
(2)
Notwithstanding paragraph (1), the workers’ compensation insurance required by this section shall be obtained as required by Section 3700 of the Labor Code.
(g)
The department may adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(h)
Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar
instructions.

Legislative History

Amended by Stats. 2024, Ch. 847, Sec. 47. (AB 2995) Effective January 1, 2025.