Opinion: Suspension of Regulatory Enforcement of Specified SNF Requirements (AFL 21-36.2)

Here is Clearpol’s opinion on AFL 21-36.2, which can be found on our Policies.ai website here alongside the AFL text:


AFL 21-36.2 supersedes AFL 21-36.1. It continues the temporary waiver of specified Title 22 space conversion regulatory requirements until June 30, 2022.

A facility shall not have more patients or beds set up for use than the number for which it is licensed except in case of emergency when temporary permission may be granted by the Director or designee.

Patients shall not be housed in areas which have not been approved by the Department for patient housing and which have not been given a fire clearance by the State Fire Marshal. The number of licensed beds shown on a license shall not exceed the number of beds for which the facility meets applicable construction and operational requirements. Spaces approved for specific uses at the time of licensure shall not be converted to other uses without the approval of the Department. Any additional beds added for temporary use shall ensure patient privacy and shall be placed six feet apart in accordance with CDC guidance to prevent the spread of COVID-19. This includes beds temporarily set up in areas previously used for group activities including dining rooms or activity space.

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