2022 Regular Session ENROLLED
SENATE BILL NO. 167
BY SENATORS TALBOT, BARROW, CARTER, HENSGENS, LUNEAU, MCMATH,
FRED MILLS, MIZELL AND POPE
1 AN ACT
2 To amend and reenact R.S. 40:2009.25(A), (C) through (E), and (I) and to enact R.S.
3 40:1563(N), relative to emergency preparedness plans for nursing homes; to provide
4 for the duties of the state fire marshal; to provide for the duties of the Louisiana
5 Department of Health; to provide for an effective date; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:2009.25(A), (C) through (E), and (I) are hereby amended and
9 reenacted and R.S. 40:1563(N) is hereby enacted to read as follows:
10 §1563. Powers and duties generally; use of deputies; responsibilities of local
11 governing authorities with fire prevention bureaus; open structures
12 and process structures; fees
13 * * *
14 N. The fire marshal shall take all steps necessary and proper to perform
15 inspections as required by R.S. 40:2009.25.
16 * * *
17 §2009.25. Emergency preparedness plans for nursing homes; applicable parishes;
18 requirements; Nursing Home Emergency Preparedness Review
19 Committee; rules and regulations; application
20 A. Due to the threat hurricanes pose to the parishes of Acadia, Ascension,
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1 Assumption, Calcasieu, Cameron, Iberia, Jefferson, Jefferson Davis, Lafayette,
2 Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the
3 Baptist, St. Mary, St. Martin, St. Tammany, Tangipahoa, Terrebonne, and Vermilion,
4 nursing homes located in these parishes shall develop an emergency preparedness
5 plan which shall be submitted to the Louisiana Department of Health, bureau of
6 health services financing, emergency preparedness manager, by August 1, 2006.
7 * * *
8 C. Each summary of the emergency preparedness plan shall include and
9 identify at a minimum:
10 (1) A primary sheltering host site outside the area of risk, verified by written
11 agreements or contracts and any other alternative sheltering host sites that the
12 nursing home may have.
13 (2) Proof of transportation or a contract with a transportation company,
14 verified by a written transportation agreement or contract.
15 (3) Staffing patterns for evacuation, including contact information for such
16 staff.
17 (4) A detailed plan to address emergency power in the event of the loss
18 of primary electrical power in that nursing home if evacuation from the nursing
19 home is not required.
20 D.(1)(a) Upon receipt of an emergency preparedness plan or summary
21 of an updated plan submitted by a nursing home pursuant to this Section, the
22 Louisiana Department of Health shall confirm that the plan contains the
23 minimum requirements as provided in Subsection C of this Section.
24 (b) Each nursing home's primary sheltering host site and any other
25 alternative sheltering host sites as provided in the nursing home's emergency
26 preparedness plan shall be inspected and approved by the office of state fire
27 marshal in accordance with the rules and regulations established pursuant to
28 Paragraph (2) of this Subsection.
29 (c) If the state fire marshal fails to inspect a sheltering host site within
30 fifteen business days after the Louisiana Department of Health receives a
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1 nursing home's emergency preparedness plan or summary of an updated plan,
2 the sheltering host site shall be considered conditionally approved until the
3 completion of the federal survey of the nursing home by the department as
4 required by the Centers for Medicare and Medicaid Services.
5 (2)(a) The secretary of the Louisiana Department of Health shall prescribe
6 and publish, in accordance with the Administrative Procedure Act, criteria for
7 evaluation of all emergency preparedness plans.
8 (b) The secretary of the Louisiana Department of Health and the state
9 fire marshal shall, in collaboration, promulgate rules and regulations, in
10 accordance with the Administrative Procedure Act, for the inspection and
11 approval of a nursing home's primary sheltering host site and any other
12 alternative sheltering host sites as provided in the nursing home's emergency
13 preparedness plan.
14 E. The Louisiana Department of Health shall do all of the following:
15 (1) Review the emergency preparedness plans.
16 (2) Prepare findings from the collected information.
17 (3) Share such the findings with the Nursing Home Emergency Preparedness
18 Review Committee.
19 (4) Confirm that the state fire marshal has approved a nursing home's
20 primary sheltering host site and any other alternative sheltering host sites as
21 provided in the nursing home's emergency preparedness plan prior to issuing
22 a license or renewing a license for the nursing home.
23 * * *
24 I.(1) The provisions of this Section shall be in addition to all other licensing
25 and certification laws, standards, rules, and regulations for nursing homes.
26 (2) No nursing home shall receive a license or have a license renewed
27 unless the nursing home is in compliance with this Section.
28 Section 2. This Act shall become effective upon signature by the governor or, if not
29 signed by the governor, upon expiration of the time for bills to become law without signature
30 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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