Texas 2009 - 81st Regular

Texas House Bill HB2248 Compare Versions

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1	1	81R8759 ALB-D
2	2	By: Turner of Harris H.B. No. 2248
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an emergency management plan for certain health care
8	8	facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 418, Government Code, is
11	11	amended by adding Section 418.049 to read as follows:
12	12	Sec. 418.049. EMERGENCY MANAGEMENT PLAN FOR CERTAIN HEALTH
13	13	CARE FACILITIES. (a) The division shall review each emergency
14	14	management plan submitted under Sections 242.018, 246.008, and
15	15	247.007, Health and Safety Code, and suggest changes to a plan as
16	16	necessary to ensure safety of the residents of the facility or
17	17	institution.
18	18	(b) The division shall approve a plan as appropriate and
19	19	provide evidence of the division's approval to the facility or
20	20	institution.
21	21	SECTION 2. Subchapter A, Chapter 242, Health and Safety
22	22	Code, is amended by adding Section 242.018 to read as follows:
23	23	Sec. 242.018. EMERGENCY MANAGEMENT PLAN. (a) An
24	24	institution shall prepare and keep current an emergency management
25	25	plan providing for disaster mitigation, preparedness, response,
26	26	and recovery.
27	27	(b) The plan must provide for:
28	28	(1) evacuation of the institution; and
29	29	(2) sheltering at the institution by the residents for
30	30	the duration of the emergency.
31	31	(c) Each institution shall submit the institution's
32	32	emergency management plan to the division of emergency management
33	33	in the governor's office and the city or county in which the
34	34	institution is located.
35	35	SECTION 3. Section 242.032, Health and Safety Code, is
36	36	amended by adding Subsection (c-1) to read as follows:
37	37	(c-1) Each applicant for a license or a renewal of a license
38	38	shall submit evidence of approval of the institution's emergency
39	39	management plan under Section 242.018 by the emergency management
40	40	division in the governor's office.
41	41	SECTION 4. Subchapter A, Chapter 246, Health and Safety
42	42	Code, is amended by adding Section 246.008 to read as follows:
43	43	Sec. 246.008. EMERGENCY MANAGEMENT PLAN. (a) Each
44	44	facility shall prepare and keep current an emergency management
45	45	plan providing for disaster mitigation, preparedness, response,
46	46	and recovery.
47	47	(b) The plan must provide for:
48	48	(1) evacuation of the facility; and
49	49	(2) sheltering at the facility by the residents for
50	50	the duration of the emergency.
51	51	(c) Each facility shall submit the facility's emergency
52	52	management plan to the division of emergency management in the
53	53	governor's office and the city or county in which the facility is
54	54	located.
55	55	SECTION 5. Section 246.022(c), Health and Safety Code, is
56	56	amended to read as follows:
57	57	(c) The commissioner shall grant an application for a
58	58	certificate of authority if the commissioner finds that:
59	59	(1) the applicant or the facility is financially
60	60	sound;
61	61	(2) the competence, experience, and integrity of the
62	62	applicant, its board of directors, its officers, or its management
63	63	make it in the public interest to issue the certificate; [and]
64	64	(3) the applicant is capable of complying with this
65	65	chapter; and
66	66	(4) the applicant has submitted evidence of approval
67	67	of the facility's emergency management plan under Section 246.008
68	68	by the emergency management division in the governor's office.
69	69	SECTION 6. Subchapter A, Chapter 247, Health and Safety
70	70	Code, is amended by adding Section 247.007 to read as follows:
71	71	Sec. 247.007. EMERGENCY MANAGEMENT PLAN. (a) Each
72	72	assisted living facility licensed in this state shall prepare and
73	73	keep current an emergency management plan providing for disaster
74	74	mitigation, preparedness, response, and recovery.
75	75	(b) The plan must provide for:
76	76	(1) evacuation of the assisted living facility; and
77	77	(2) sheltering at the assisted living facility by the
78	78	facility residents for the duration of the emergency.
79	79	(c) Each assisted living facility shall submit the
80	80	facility's emergency management plan to the division of emergency
81	81	management in the governor's office and the city or county in which
82	82	the facility is located.
83	83	SECTION 7. Section 247.022, Health and Safety Code, is
84	84	amended by adding Subsection (d) to read as follows:
85	85	(d) Each applicant for an assisted living facility license
86	86	or renewal of a license shall submit evidence of approval of the
87	87	facility's emergency management plan under Section 247.007 by the
88	88	emergency management division in the governor's office.
89	89	SECTION 8. A convalescent or nursing home, or related
90	90	institution licensed under Chapter 242, Health and Safety Code, a
91	91	continuing care facility granted a certificate of authority under
92	92	Chapter 246, Health and Safety Code, or an assisted living facility
93	93	licensed under Chapter 247, Health and Safety Code, shall develop
94	94	an emergency management plan as required by Sections 242.018,
95	95	246.008, and 247.007, Health and Safety Code, as added by this Act,
96	96	as soon as practicable after the effective date of this Act.
97	97	SECTION 9. The changes in law made by this Act apply to an
98	98	application for a certificate of authority, a license, or a renewal
99	99	of a license filed on or after the effective date of this Act. An
100	100	application filed before the effective date of this Act is governed
101	101	by the law in effect on the date of the filing of the application,
102	102	and the former law is continued in effect for that purpose.
103	103	SECTION 10. This Act takes effect September 1, 2009.