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Legal Alert

Acute Care Hospital Seismic Compliance Alert

Acute Care Hospital Seismic Compliance Alert

Governor Newsom vetoed Senate Bill 1432, which would have extended the seismic compliance deadline for acute care hospitals in California to January 1, 2035. As a result, the seismic compliance deadline of January 1, 2030, stands, which means that acute care hospitals that have not yet complied must either demolish, replace, or change to nonacute care use by 2030. Governor Newsom’s rationale is that California hospitals have known for 30 years that they would need to comply with this deadline. The exception, which will be limited and determined on a case by case basis, is for hospitals with a demonstrated need and a clear path to compliance. Click here to view the full text of the veto.

Assembly Bill 869 is still pending which, if passed, would allow small and rural hospitals, critical access hospitals, health care district hospitals, or hospitals that are recipients of a Distressed Hospital Loan Program to seek approval from the Department of Health Care Access and Information (HCAI) to delay the January 1, 2030, deadline for 3 years. If the bill passes, hospitals that fit into one or more of the above categories will be required to submit a seismic compliance plan, and if necessary, a Nonstructural Performance Category-5 evaluation report, and to identify at least two major milestones relating to the hospital’s compliance plan. The submission will be used to determine whether the hospital is making adequate progress toward meeting compliance deadlines. The full text of AB 869 can be found at https://legiscan.com/CA/bill/AB869/2023.

For More Information, Please Contact:

Lisa DalGallo
Lisa Dal Gallo
Partner
San Rafael, CA
Alan Bishop
Alan Bishop
Partner
San Francisco, CA

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