Nursing Home Temperature Rules Start In 2026, Penalties In 2027

The text as introduced · 913 words

By: Miles
S.B. No. 1368

A BILL TO BE ENTITLED

AN ACT

relating to an emergency preparedness and contingency operations

plan, including temperature regulation, for nursing facility and

assisted living facility residents during an emergency; providing

penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter K, Chapter 242, Health and Safety

Code, is amended by adding Section 242.405 to read as follows:

Sec. 242.405. EMERGENCY PREPAREDNESS AND CONTINGENCY

OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:

(1) "Area of refuge" means a climate-controlled area

of a nursing facility that is designated for use during a power

outage or other emergency to provide safety, care, and other

resources to residents.

(2) "Bedfast resident" means a resident who is unable

to transfer out of bed and unable to turn and position themselves in

bed.

(b) A nursing facility shall adopt and implement an

emergency preparedness and contingency operations plan that

requires the facility to provide in an emergency:

(1) for each resident other than a bedfast resident, a

climate-controlled area of refuge with at least 15 square feet per

resident;

(2) for each bedfast resident, a climate-controlled

room; and

(3) notice to the commission of an unplanned

interruption or loss for more than 12 hours of electric utility

service.

(c) An emergency preparedness and contingency operations

plan adopted in accordance with this section must require a nursing

facility to maintain a temperature between 68 and 82 degrees

Fahrenheit for:

(1) each area of refuge designated for facility

residents; and

(2) each climate-controlled room for bedfast

residents.

(d) The executive commissioner shall adopt rules to enforce

this section.

(e) A nursing facility shall submit the emergency

preparedness and contingency operations plan required by this

section to the commission in the form and manner prescribed by the

commission.

(f) A nursing facility shall include in the emergency

preparedness and contingency operations plan adopted in accordance

with this section its policies and information on:

(1) building equipment, including the location of and

type of on-site generator equipment or backup power source; and

(2) residents, including residents who are bedfast and

residents who are dependent on electrically powered equipment.

(g) The commission shall assess a penalty in accordance with

Subchapter C against a nursing facility found in violation of this

section.

SECTION 2. Subchapter D, Chapter 247, Health and Safety

Code, is amended by adding Section 247.073 to read as follows:

Sec. 247.073. EMERGENCY PREPAREDNESS AND CONTINGENCY

OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:

(1) "Area of refuge" means a climate-controlled area

in an assisted living facility that is designated for use during a

power outage or other emergency to provide safety, care, and other

resources to residents.

(2) "Bedfast resident" means an assisted living

facility resident who is unable to transfer out of bed and unable to

turn and position themselves in bed.

(b) An assisted living facility shall adopt and implement an

emergency preparedness and contingency operations plan that

requires the facility to provide in an emergency:

(1) for each assisted living facility resident other

than a bedfast resident, a climate-controlled area of refuge with

at least 15 square feet per resident;

(2) for each bedfast assisted living facility

resident, a climate-controlled room; and

(3) notice to the commission of an unplanned

interruption or loss for more than 12 hours of electric utility

service.

(c) An emergency preparedness and contingency operations

plan adopted in accordance with this section must require an

assisted living facility to maintain a temperature between 68 and

82 degrees Fahrenheit for:

(1) each area of refuge designated for assisted living

facility residents; and

(2) each climate-controlled room for bedfast assisted

living facility residents.

(d) The executive commissioner shall adopt rules to enforce

this section.

(e) The commission shall establish construction and

licensure standards for assisted living facilities constructed

after September 1, 2026, including standards for:

(1) the integration of backup power systems or a

connection point for a backup power system; and

(2) the evacuation of assisted living facility

residents in emergencies to other buildings on the same premises.

(f) An assisted living facility shall submit the emergency

preparedness and contingency operations plan required by this

section to the commission in the form and manner prescribed by the

commission.

(g) An assisted living facility shall include in the

emergency preparedness and contingency operations plan adopted in

accordance with this section its policies and information on:

(1) building equipment, including the location of and

type of on-site generator equipment or backup power source; and

(2) assisted living facility residents, including

residents who are bedfast and residents who are dependent on

electrically powered equipment.

(h) The commission shall assess a penalty in accordance with

Subchapter C against an assisted living facility found in violation

of this section.

SECTION 3. (a) Not later than January 1, 2026:

(1) each nursing facility shall adopt and implement an

emergency preparedness and contingency operations plan as required

by Section 242.405, Health and Safety Code, as added by this Act;

and

(2) each assisted living facility shall adopt and

implement an emergency preparedness and contingency operations

plan as required by Section 247.073, Health and Safety Code, as

added by this Act.

(b) Notwithstanding Sections 242.405 and 247.073, Health

and Safety Code, as added by this Act, a nursing facility or

assisted living facility is not subject to assessment of a penalty

for a violation of those sections until on or after January 1, 2027.

SECTION 4. This Act takes effect September 1, 2025.