The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Brandi Cannon.
DIGEST
SB 33 Engrossed 2022 Regular Session Fred Mills
Proposed law provides that nursing facilities must have a generator or other La. Dept. of Health
(LDH) approved alternate electrical power source capable of providing sufficient electrical power
for the simultaneous operation of certain systems in the event of the loss of primary electrical power.
Proposed law provides that the generator or alternate electrical power source must be permanently
installed onsite at the nursing facility and a certain quantity of fuel must be stored onsite at the
nursing facility or delivered prior to the emergency event. Provides that natural gas is an allowable
fuel source and meets the onsite fuel requirement if there is an onsite propane tank sufficient in size
to meet the fuel requirements.
Proposed law provides for each nursing facility to have fuel delivery agreements in place that will
extend the uninterrupted operation of the generator or alternative electrical power source under full
load to a total period of 168 hours for a single emergency event. Allows nursing facilities to interrupt
operation of the generator or alternative electrical power source to conduct routine maintenance as
recommended by manufacturer's specifications.
Proposed law provides the option of a waiver, if a nursing facility was built or had construction plans
approved by LDH prior to Aug. 1, 2022, for the permanently installed generator or alternative
electrical power source if there is not sufficient physical space available or a governmental ordinance
exists that makes it impossible to place a generator or alternative electrical power source and the
required fuel on the premises of the nursing facility. Further requires each nursing facility which
receives a waiver to annually submit to the department a plan to provide for the health and safety of
the facility's residents in the event of power loss.
Proposed law provides that nursing facilities shall meet the requirements of proposed law no later
than June 30, 2023. Allows LDH to grant a one-time extension, not to exceed six months, upon
written application by a nursing facility that compliance has been delayed due to extraordinary and
unforeseen circumstances if the nursing facility provides sufficient evidence of substantial
compliance or good faith efforts to comply with the requirement deadline.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:2009.24)