SB1368 - 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.

      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.