nursing homes need state-approved emergency plans

The text as introduced · 1,037 words

89R3109 LRM-D

By: Alvarado, et al.
S.B. No. 481

A BILL TO BE ENTITLED

AN ACT

relating to emergency preparedness and response plans for the

continued care and safety of nursing facility and assisted living

facility residents.

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

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

Code, is amended by adding Section 242.053 to read as follows:

Sec. 242.053. EMERGENCY PREPAREDNESS AND RESPONSE PLAN.

(a) In this section, "emergency" means an incident likely to

threaten the health, welfare, or safety of residents, personnel, or

the public at a nursing facility, including a fire, an equipment

failure, a power outage, a flood, an interruption in utility

service, a medical emergency, or a natural or other disaster.

(b) Each nursing facility shall:

(1) adopt and implement an emergency preparedness and

response plan for the continued care and safety of residents and the

continuity of the facility's essential building systems during an

emergency; and

(2) prepare and annually update as necessary a written

policy, including procedures, to ensure the facility activates,

operates, and maintains generators or alternate power sources and

fuel resources required under this section.

(c) An emergency preparedness and response plan adopted in

accordance with this section must:

(1) require a nursing facility to install and maintain

on the facility's premises:

(A) an emergency generator or alternate power

source;

(B) a fuel supply with enough capacity to power

the emergency generator or alternate power source for not less than

96 hours; and

(C) a carbon monoxide alarm or detector that

complies with rules the executive commissioner adopts; and

(2) include strategies to:

(A) prevent resident complications from heat

exposure during a power outage, including requiring the facility to

maintain a temperature between 71 degrees and 81 degrees

Fahrenheit;

(B) safely transport residents to an appropriate

facility when the facility's management knows the facility is

unable to maintain the facility's temperature within a range safe

for residents; and

(C) respond to inquiries from residents' family

members during an emergency.

(d) Each nursing facility shall provide to facility

personnel the written policy prepared in accordance with Subsection

(b)(2) and relevant training on the facility's emergency

preparedness and response plan adopted under this section.

(e) In preparing for or responding to an emergency, a

nursing facility shall follow each procedure or requirement

outlined in:

(1) the emergency preparedness and response plan the

facility adopts under this section, including contingency

procedures or requirements to meet a resident's individual medical

needs; and

(2) the written policy prepared in accordance with

Subsection (b)(2).

(f) The commission shall review and approve each nursing

facility's emergency preparedness and response plan required by

this section and each update to the plan. The commission may revoke

a facility's license issued under this chapter for failure to

comply with this section or rules adopted under this section.

(g) The executive commissioner shall adopt the rules

necessary to administer and enforce 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 RESPONSE PLAN.

(a) In this section, "emergency" means an incident likely to

threaten the health, welfare, or safety of residents, personnel, or

the public at an assisted living facility, including a fire, an

equipment failure, a power outage, a flood, an interruption in

utility service, a medical emergency, or a natural or other

disaster.

(b) Each assisted living facility shall:

(1) adopt and implement an emergency preparedness and

response plan for the continued care and safety of residents and the

continuity of the facility's essential building systems during an

emergency; and

(2) prepare and annually update as necessary a written

policy, including procedures, to ensure the facility activates,

operates, and maintains generators or alternate power sources and

fuel resources required under this section.

(c) An emergency preparedness and response plan adopted in

accordance with this section must:

(1) require an assisted living facility to install and

maintain on the facility's premises:

(A) an emergency generator or alternate power

source;

(B) a fuel supply with enough capacity to power

the emergency generator or alternate power source for not less than

96 hours; and

(C) a carbon monoxide alarm or detector that

complies with rules the executive commissioner adopts; and

(2) include strategies to:

(A) prevent resident complications from heat

exposure during a power outage, including requiring the facility to

maintain a temperature between 71 degrees and 81 degrees

Fahrenheit;

(B) safely transport residents to an appropriate

facility when the facility's management knows the facility is

unable to maintain the facility's temperature within a range safe

for residents; and

(C) respond to inquiries from residents' family

members during an emergency.

(d) Each assisted living facility shall provide to facility

personnel the written policy prepared in accordance with Subsection

(b)(2) and relevant training on the facility's emergency

preparedness and response plan adopted under this section.

(e) In preparing for or responding to an emergency, an

assisted living facility shall follow each procedure or requirement

outlined in:

(1) the emergency preparedness and response plan the

facility adopts under this section, including contingency

procedures or requirements to meet a resident's individual medical

needs; and

(2) the written policy prepared in accordance with

Subsection (b)(2).

(f) The commission shall review and approve each assisted

living facility's emergency preparedness and response plan

required by this section and each update to the plan. The

commission may revoke a facility's license issued under this

chapter for failure to comply with this section or rules adopted

under this section.

(g) The executive commissioner shall adopt the rules

necessary to administer and enforce this section.

SECTION 3. As soon as practicable after the effective date

of this Act, each nursing facility and assisted living facility

shall adopt and implement an emergency preparedness and response

plan as required by Sections 242.053 and 247.073, Health and Safety

Code, as added by this Act.

SECTION 4. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt the rules required by Sections

242.053 and 247.073, Health and Safety Code, as added by this Act.

SECTION 5. This Act takes effect September 1, 2025.