General Provisions
Cal. HSC § 11834.10
California Statutes
(
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 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 of Division of the Insurance Code.
(2) Notwithstanding paragraph (1), the workers’ compensation insurance required by this
section shall be obtained as required by
Section 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 of Division of Title 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.