The California Department of Health has issued a new All Facilities Letter, clarifying state law regarding CMS Categorical Waivers. The letter states that California will continue to require diesel backup generators to be tested as mandated by Health & Safety Code Section 41514.1, despite CMS permitting a waiver to reduce annual diesel generator exercising requirements. Additionally, the letter reiterates that patients' rooms must remain unlocked when occupied, except for specific cases, and facilities must still apply for program flexibility from the California Department of Public Health for different door locking arrangements. Healthcare facilities must ensure that any waivers requested do not conflict with current statutory requirements before electing to use one or more of the categorical waivers permitted by CMS.

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