81R8759 ALB-D
By: Turner of Harris H.B. No. 2248
A BILL TO BE ENTITLED
AN ACT
relating to an emergency management plan for certain health care
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 418, Government Code, is
amended by adding Section 418.049 to read as follows:
Sec. 418.049. EMERGENCY MANAGEMENT PLAN FOR CERTAIN HEALTH
CARE FACILITIES. (a) The division shall review each emergency
management plan submitted under Sections 242.018, 246.008, and
247.007, Health and Safety Code, and suggest changes to a plan as
necessary to ensure safety of the residents of the facility or
institution.
(b) The division shall approve a plan as appropriate and
provide evidence of the division's approval to the facility or
institution.
SECTION 2. Subchapter A, Chapter 242, Health and Safety
Code, is amended by adding Section 242.018 to read as follows:
Sec. 242.018. EMERGENCY MANAGEMENT PLAN. (a) An
institution shall prepare and keep current an emergency management
plan providing for disaster mitigation, preparedness, response,
and recovery.
(b) The plan must provide for:
(1) evacuation of the institution; and
(2) sheltering at the institution by the residents for
the duration of the emergency.
(c) Each institution shall submit the institution's
emergency management plan to the division of emergency management
in the governor's office and the city or county in which the
institution is located.
SECTION 3. Section 242.032, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) Each applicant for a license or a renewal of a license
shall submit evidence of approval of the institution's emergency
management plan under Section 242.018 by the emergency management
division in the governor's office.
SECTION 4. Subchapter A, Chapter 246, Health and Safety
Code, is amended by adding Section 246.008 to read as follows:
Sec. 246.008. EMERGENCY MANAGEMENT PLAN. (a) Each
facility shall prepare and keep current an emergency management
plan providing for disaster mitigation, preparedness, response,
and recovery.
(b) The plan must provide for:
(1) evacuation of the facility; and
(2) sheltering at the facility by the residents for
the duration of the emergency.
(c) Each facility shall submit the facility's emergency
management plan to the division of emergency management in the
governor's office and the city or county in which the facility is
located.
SECTION 5. Section 246.022(c), Health and Safety Code, is
amended to read as follows:
(c) The commissioner shall grant an application for a
certificate of authority if the commissioner finds that:
(1) the applicant or the facility is financially
sound;
(2) the competence, experience, and integrity of the
applicant, its board of directors, its officers, or its management
make it in the public interest to issue the certificate; [and]
(3) the applicant is capable of complying with this
chapter; and
(4) the applicant has submitted evidence of approval
of the facility's emergency management plan under Section 246.008
by the emergency management division in the governor's office.
SECTION 6. Subchapter A, Chapter 247, Health and Safety
Code, is amended by adding Section 247.007 to read as follows:
Sec. 247.007. EMERGENCY MANAGEMENT PLAN. (a) Each
assisted living facility licensed in this state shall prepare and
keep current an emergency management plan providing for disaster
mitigation, preparedness, response, and recovery.
(b) The plan must provide for:
(1) evacuation of the assisted living facility; and
(2) sheltering at the assisted living facility by the
facility residents for the duration of the emergency.
(c) Each assisted living facility shall submit the
facility's emergency management plan to the division of emergency
management in the governor's office and the city or county in which
the facility is located.
SECTION 7. Section 247.022, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) Each applicant for an assisted living facility license
or renewal of a license shall submit evidence of approval of the
facility's emergency management plan under Section 247.007 by the
emergency management division in the governor's office.
SECTION 8. A convalescent or nursing home, or related
institution licensed under Chapter 242, Health and Safety Code, a
continuing care facility granted a certificate of authority under
Chapter 246, Health and Safety Code, or an assisted living facility
licensed under Chapter 247, Health and Safety Code, shall develop
an emergency management plan as required by Sections 242.018,
246.008, and 247.007, Health and Safety Code, as added by this Act,
as soon as practicable after the effective date of this Act.
SECTION 9. The changes in law made by this Act apply to an
application for a certificate of authority, a license, or a renewal
of a license filed on or after the effective date of this Act. An
application filed before the effective date of this Act is governed
by the law in effect on the date of the filing of the application,
and the former law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2009.