SB481 - Relating to emergency preparedness and response plans for the continued care and safety of nursing facility and assisted living facility residents.

  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.