Will provide assistance to state and local government, and to individuals for crisis counseling

Washington, D.C. – FEMA announced on Sunday that federal emergency aid has been made available for the state of California to supplement state, tribal and local recovery efforts in the areas affected by the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing.

The President’s action makes federal funding available for Crisis Counseling for affected individuals in all areas of the state of California.

Federal funding is also available to state, tribal, and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency protective measures (Category B), including direct federal assistance under Public Assistance, for all areas affected by COVID-19 in the state of California. The federal cost share is 75 percent.

Robert J. Fenton has been named as the Federal Coordinating Officer for federal recovery operations in the affected area. Fenton said additional designations may be made at a later date if requested by the state and warranted by the results of further assessments.

Governor Gavin Newsom also announced on Sunday that President Donald Trump has approved California’s request, submitted earlier that day, for a presidential Major Disaster Declaration to bolster California’s COVID-19 emergency response efforts. See the governor’s request here.

“Earlier today we requested a presidential Major Disaster Declaration and this afternoon we got it,” Newsom said on Sunday. “The declaration will supplement our state’s comprehensive COVID-19 surge planning and make vital resources available. We appreciate the quick response and partnership from the White House.”

The Major Disaster Declaration makes federal funding available to state, tribal and local governments for emergency protective measures, including direct federal assistance, and makes funding available for crisis counseling for impacted individuals. It will include any and all individual assistance programs to assist those affected by the outbreak and lessen the economic impacts of the crisis. The request would provide additional assistance, including but not limited to, mass care and emergency assistance, crisis counseling, disaster case management, disaster unemployment assistance, disaster legal services and Disaster Supplemental Nutrition Assistance.

The State of California and local governments have taken extraordinary steps to protect public health in response to the COVID-19 outbreak. Last week, the Governor signed emergency legislation allocating $1.1 billion toward the state’s response, issued a Stay at Home order, deployed the National Guard to help support food banks, and signed an executive order to prepare the health care system for a possible surge in cases. Learn more about the state’s ongoing COVID-19 emergency response here.

Order expands capacity to combat COVID-19 in health care facilities

SACRAMENTO – Governor Gavin Newsom on Saturday issued an executive order that expands the state’s response to the COVID-19 outbreak. The order gives the state the ability to increase the health care capacity in clinics, mobile health care units and adult day health care facilities. It also allows local governments more flexibility to utilize the skills of retired employees and reinforces the importance of the delivery of food, medicine and emergency supplies.

“The State of California is fighting hard to get the resources that Californians need to meet the COVID-19 surge. These emergency legal tools will increase California’s health care capacity and help facilities treat more patients,” said Newsom.

Among the various clauses in the order are the following –

“IT IS HEREBY ORDERED THAT:

1) In order to assist in the care or to protect the health of individuals not in a hospital or health facility, as defined in Health and Safety Code section 1250, and due to the COVID-19 outbreak, the director of the State Department of Public Health may, for the duration of the declared emergency, waive any of the licensing and staffing requirements of chapters 1, 3.3, 8.5, and 9 of division 2 of the Health and Safety Code and any accompanying regulations with respect to any clinic, adult day health care, hospice, or mobile health care unit. Any waiver shall include alternative measures that, under the circumstances, will allow the clinic, adult day health care, hospice, or mobile health care unit to assist in the care or protect the health of individuals while protecting public health and safety. Any waivers granted pursuant to this paragraph shall be posted on the Department’s website.

3) The suspension of statutes…shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the COVID-19 pandemic.

4) Any local ordinance, including those relating to noise limitations, is suspended to the extent it restricts, delays, or otherwise inhibits the delivery of food products, pharmaceuticals, and other emergency necessities distributed through grocery stores and other retail or institutional channels, including, but not limited to, hospitals, jails, restaurants, and schools.

5) To ensure that patients with mental or behavioral health conditions continue to receive the services and support they need, notwithstanding disruptions caused by COVID-19; and to protect the health, safety and welfare of patients with mental or behavioral health conditions committed to the State Department of State Hospitals facilities, as defined by Welfare and Institutions Code Sections 4100 and 7200; the Director of the State Department of State Hospitals may issue directives waiving any provision or requirement of the Welfare and Institutions Code; any provision or requirement of the Penal Code that affects the execution of laws relating to care, custody, and treatment of persons with mental illness committed to or in the custody of the State Department State Hospitals; and the accompanying regulations of Title 9, Division 1 of the California Code of Regulations…Any waiver granted by a directive shall expire 30 days from the date of its issuance, except that the Director may grant one or more 30-day extensions if the waiver continues to be necessary to protect health or safety or to ensure delivery of services. The Director shall rescind a waiver once it is no longer necessary to protect public health or safety or ensure delivery of services. Any waivers and extensions granted pursuant to this paragraph shall be posted on the Department’s website.

6) As needed to safeguard health of persons already admitted, committed, or ordered to the facilities described in this paragraph and notwithstanding the Penal Code, the Welfare and Institutions Code, or any other statute or regulation, the Director of the Department of Developmental Disabilities is authorized to deny admission or delay discharge of all individuals judicially or otherwise admitted, committed or ordered to the Porterville Developmental Center; the Canyon Springs Community Facility; a Stabilization, Training Assistance, and Reintegration (STAR) home; or any other facility under the jurisdiction or control of the Department for 30 days after the issuance of this Order. The Director may grant one or more 30-day extensions if such action is necessary to protect the public health or safety (including, but not limited to, the health or safety of the individuals served at any Department-operated facility or the staff serving such individuals) from the threat of COVID-19. The Director of the Department shall describe the need justifying the closure of admissions to and delay in discharges from the Department-operated facility. The Director shall authorize admissions and discharges once the actions described in this paragraph are no longer necessary to protect the public health or safety (including, but not limited to, the health or safety of the individuals served at any Department-operated facility or the staff serving such individuals). The Director shall post the notice of closure of admissions and discharges and the extension of closure to the Department facility on the Department’s website.”

A copy of the Governor’s executive order can be found here.

SACRAMENTO – Governor Gavin Newsom on Friday issued an executive order to permit vote-by-mail procedures to be used in three upcoming special elections, protecting public health and safety during the COVID-19 outbreak.

The order also extends the deadlines for ballot counting, tabulation, and other responsibilities related to the official canvass of California’s Presidential Primary Election that could risk undermining social distancing measures, and suspends the timeframes for public hearings required by political subdivisions that are in the process of changing from an at-large method of election to district elections.

A copy of the Governor’s executive order can be found here and the text of the order can also be found here.

Food banks are seeing a shortage in volunteers and experiencing greater need due to COVID-19. Governor calls for California food bank volunteers & launches partnership Neighbor-to-Neighbor campaign with Nextdoor.com & California Volunteers to safely deploy volunteers to help the most vulnerable Californians  

It’s in these times of crisis that Californians are at their best, coming to the aid of those in their community who are most in need. I ask all Californians who are able to join our Neighbor-to-Neighbor campaign to safely assist those in need in your community.” – Gov. Newsom

Californians can learn about ways to assist their community at serve.ca.gov

SACRAMENTO — California Governor Gavin Newsom on Friday announced the deployment of California National Guard members to provide short-term food security to isolated and vulnerable Californians. Building on Governor Newsom’s prioritization of protecting the most vulnerable from the COVID-19 pandemic, the short deployment will help to stabilize the immediate need of food banks.

“It’s in these times of crisis that Californians are at their best, coming to the aid of those in their community who are most in need. Food banks provide a critical lifeline for families, and are needed now more than ever. Families across our state are suddenly losing work, and millions of Californians most vulnerable to COVID-19 are staying home to protect their health and the health of others. I ask all Californians who are able to join our Neighbor-to-Neighbor campaign to safely assist those in need in your community.”

“The Neighbor-to-Neighbor campaign is a testament to the strength of our larger California community,” said First Partner Jennifer Siebel Newsom. “Now more than ever we must create a culture of WE over me. I am so proud that Californians across the state stand ready to meet this moment by embracing our California values of inclusivity, generosity and community.”

Due to COVID-19, many food banks have been affected by a significant decline in volunteerism, impacting logistical and local infrastructure for food distribution. The California Guard will initially deploy personnel and logistical equipment to a food bank distribution warehouse in Sacramento County starting today, and will conduct immediate site assessments statewide for those counties that have requested short-term support and stabilization. This short-term assistance from the California National Guard allows time to mobilize AmeriCorps, California Conservation Corps and Local Conservation Corps members, and other volunteers where counties have identified serious gaps.

The Administration’s food deployment strategy also launches the Neighbor-to-Neighbor campaign, which calls on neighbors to be first line of support for California’s most vulnerable residents who have been advised to stay at home during the COVID-19 pandemic. The Neighbor-to-Neighbor campaign is focused on older adults and promotes ways to safely check on your neighbors, family and friends, and will be run by California Volunteers, the state office tasked with engaging Californians in service, volunteering and civic action.

The Administration is partnering with the social networking service Nextdoor to provide valuable information to California communities about the state’s response to COVID-19. The collaboration will allow the state to reach more than 22,000 neighborhoods using the platform. Neighbors use Nextdoor to exchange helpful information and California Volunteers will use this site to share ways residents can safely check on each other during the COVID-19 outbreak. The platform will also be used to share ways to safely ensure community members have the basic necessities they may need during periods of home isolation.

The State of California has also released information to promote resources and options for those facing food insecurity. A resource list will be posted to serve.ca.gov on ways Californians can support vulnerable members of our community that may have limited food resources, in ways that are in line with CDPH guidelines.

Californians can learn about ways to assist their community at serve.ca.gov.

State leasing two hospitals to increase availability of beds for COVID-19 patients

California receives shipment of medical personal protective equipment and medical supplies from the Strategic National Stockpile

Video released of California Receiving, Storing and Staging Warehouse

SACRAMENTO – Governor Gavin Newsom on Saturday directed more than $42 million in emergency funding to expand California’s health care infrastructure and secure equipment and services to support California’s response to COVID-19.

Of this amount, $30 million will allow the state to lease Seton Medical Center in Daly City and St. Vincent Medical Center in Los Angeles for a three-month basis. Seton Medical Center is currently operating and will expand capacity to provide care for up to 120 COVID-19 patients beginning as soon as next Wednesday. Verily will operate Seton Medical Center on the state’s behalf. St. Vincent Medical Center closed in January, but California is readying the facility to begin providing care for up to 366 COVID-19 patients as soon as possible.

This builds on California’s previous work, in partnership with local officials, to reopen Community Hospital in Long Beach for the specific purpose of accepting patients transferred from other hospitals in the area. The hospital will begin accepting transfer patients on Saturday and has a capacity of 158 beds.

“California is mobilizing every part of government to support our health care delivery system, its workers, and those among us who are most vulnerable to COVID-19,” said Governor Newsom.

California is making historic investments to strengthen our health care delivery system:

• $30 million to lease and operate two facilities and to expand the state’s hospital capacity.
  • Seton Medical Center in Daly City.
  • Vincent Medical Center in Los Angeles.
• $1,420,000 to expand capacity of the state’s public health lab in Richmond.
• $8,647,000 to purchase new ventilators, as well as IV fusion pumps, and refurbish additional ventilators.
• $2 million to contract with American Medical Response to provide patient transportation.

Click here to see the letter submitted by the Department of Finance to the Legislature specifying the use of emergency funds for this purpose.

This past week, California began receiving shipments from a prior request from the Strategic National Stockpile. The request included:

Personal Protective Equipment:

• 358,381 N95 masks
• 853,730 surgical masks
• 162,565 face shields
• 132,544 surgical gowns
• 678 coveralls
• 471,941 gloves

In addition, California this week requested the following additional supplies from the Strategic National Stockpile:

Personal Protective Equipment:

• 20 million N95 masks
• 10 million surgical masks
• 600,000 surgical gowns
• 600,000 face shields
• 600,000 gloves
• 300,000 goggles
• 100,000 coveralls
• Medical Supplies:
• 10,000 ventilators
• Lab and Diagnostic Supplies:
• 2 million swabs
• 200,000 RNA extraction kits

* Video available of personal protective equipment and medical supplies at the California Receiving, Storing and Staging Warehouse.

California Expands Tele-Health Options

This week, California acted to remove barriers to telehealth services for 22 million Californians. Increasing access to medical and behavioral care through telehealth allows individuals to receive the care and treatment they need remotely, while isolating at home and practicing social distancing, thus limiting potential exposure to COVID-19 and unnecessary impacts to the health care delivery system during this time when we want to preserve the system for our sickest and most critically ill neighbors. Commercial and Medi-Cal managed care plans were directed to allow members to obtain health care via telehealth when medically appropriate to do so. Providers will be reimbursed at the same rate, whether a service is provided in-person or through telehealth. For example, if a provider is paid $100 for an in person visit, they will be paid $100 for an equivalent visit done via telehealth. Removing barriers to telehealth will improve access and help ensure that hospitals and health systems can focus on providing care to those who need it most.

Payment by credit or credit card or Zelle accepted.

By Mark Meuser

Thursday, Governor Gavin Newsom issued Executive Order N-33-20. The Office of the Governor of California’s official Twitter account said that “Governor Gavin Newsom issued a stay at home order to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of COVID19.”

However, a more careful look at the Governor’s Executive Order shows that he actually made no such order. (https://covid19.ca.gov/img/N-33-20.pdf). The Executive Order reads “To preserve the public health and safety, and to ensure the healthcare delivery system is capable of serving all, and prioritizing those at the highest risk and vulnerability, all residents are directed to immediately heed the current State public health directives, which I ordered the Department of Public Health to develop for the current statewide status of COVID-19.”

The word “heed” is the important word in this order. According to Merriam-Webster’s dictionary, the word “heed” means “to give consideration or attention to”. As such, Governor Newsom has not actually ordered the people of California to obey the Public Health Officials but instead ordered “all residents are directed to immediately [give consideration to] the current State public health directives.”

While the Governor of California has broad powers to suspend laws and regulations while the state of California is under a State of Emergency, he does not have the power to abolish citizens constitutional rights. (Gov. Code § 8571).

California Constitution Article 1, Section 1 states “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

California Constitution Article 1, Section 7 reads “A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws …”.

The problem for Governor Newsom is that the Public Health Officials do not have the authority to quarantine someone who has not been infected. This violates Californians’ Constitutional Rights. The California Courts have held that people have a right of liberty from being quarantined unless the public health official has probably cause that they are infected. In Ex parte Arata, the California Court of Appeals ruled that “A mere suspicion, unsupported by facts giving rise to reasonable or probable cause, will not justify depriving a person of his liberty under an order of quarantine.”

Furthermore, in the case of In re Shepard the California Court of Appeals ruled that “Mere suspicion that an individual is afflicted with an isolable disease was not sufficient to give a health officer ‘reason to believe’ that such person was so afflicted, … making it the duty of health officers to protect the public against spread of such disease from persons whom such officers have ‘reason to believe’ were afflicted with such diseases.”

Public Health Officials do have the authority to quarantine someone who they have reason to believe has been infected by the virus. California law actually permits the Public Health Officials to quarantine such individuals without a court order. In Ex parte Johnson the California Court of Appeals ruled that “One infected with a contagious disease … might be subjected to quarantine regulations by the health commissioner of a city, without its first being judicially established by some proceeding in court that he or she was so infected.”

The reality of the situation in California is that Gavin Newsom has ordered the Department of Public Health to develop a policy for how to deal with the Corona Virus. However, the recommendations by the Department of Public Health are unconstitutional. Rather than ask the Department of Public Health to go back and rewrite the policies, Gavin Newsom tells everyone that he is ordering them to obey the directives of the Department of Public Health. However, regardless of what Gavin Newsom says with his mouth in press conferences or says on his social media accounts, the actual text of his Executive Orders are the laws. (Gov. Code § 8567).

The text of Gavin Newsom’s most recent Executive Order is merely a suggestion that the people of California obey the unconstitutional directive being published by the Department of Public Health. Whether or not it is advisable for people to stay home is not the question, the Department of Public Health does not have the authority to pass such a law, and Gavin Newsom does not have the authority to suspend Californians’ Constitutional Rights just because California is in a State of Emergency.

Meuser is a Constitution and elections law California attorney with the Dhillon Law Group. He is a former resident of Contra Costa County and 2018 candidate for California Secretary of State. You can follow him on Facebook.

Rep. Mark DeSaulnier from his Congressional Facebook page.

Washington, D.C. – Last Friday, Congressman Mark DeSaulnier (D-CA11) was admitted to the hospital to treat complications of pneumonia from a traumatic rib fracture that occurred after falling during a run. He was in serious, but stable condition, and the hospital later advised he was COVID-19 negative. (See related article).

“Unfortunately, Congressman DeSaulnier’s condition has deteriorated and he is in critical condition,” said Betsy Arnold Marr, DeSaulnier’s Chief of Staff.  “The doctors are doing everything they can to care for the Congressman. Mark’s family and staff appreciate your thoughts and prayers during this very difficult time.”

He is an avid runner and has completed twenty-one marathons, according to his biography. DeSaulnier has represented California’s 11th congressional district, which includes parts of Antioch and most of Contra Costa County, since he was first elected to Congress in 2014.

“The office operations remain unchanged and staff will continue to serve our constituents. We are grateful for your thoughts and well wishes during this time,” Arnold Marr stated previously.