Texas 2021 - 87th Regular

Texas Senate Bill SB1876 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1876
	1	+	87R25540 EAS-F
	2	+	By: Miles, et al. S.B. No. 1876
	3	+	(Oliverson, Bucy, Campos, A. Johnson of Harris, Walle)
	4	+	Substitute the following for S.B. No. 1876: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to emergency planning for the continued treatment and
6	10		safety of end stage renal disease facility patients.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Subchapter B, Chapter 251, Health and Safety
9	13		Code, is amended by adding Sections 251.016 and 251.017 to read as
10	14		follows:
11	15		Sec. 251.016. EMERGENCY PREPAREDNESS AND CONTINGENCY
12	16		OPERATIONS PLANNING. (a) In this section and Section 251.017,
13	17		"emergency" means an incident likely to threaten the health,
14	18		welfare, or safety of end stage renal disease facility patients or
15	19		staff or the public, including a fire, equipment failure, power
16	20		outage, flood, interruption in utility service, medical emergency,
17	21		or natural or other disaster.
18	22		(b) Each end stage renal disease facility shall adopt a
19	23		written emergency preparedness and contingency operations plan to
20	24		address the provision of care during an emergency. The plan must:
21	25		(1) be updated annually and approved by the facility's
22	26		leadership each time the plan is updated;
23	27		(2) include procedures for notifying each of the
24	28		following entities as soon as practicable regarding the closure or
25	29		reduction in hours of operation of the facility due to an emergency:
26	30		(A) the department;
27	31		(B) each hospital with which the facility has a
28	32		transfer agreement;
29	33		(C) the trauma service area regional advisory
30	34		council that serves the geographic area in which the facility is
31	35		located; and
32	36		(D) each applicable local emergency management
33	37		agency;
34	38		(3) except as provided by Subsection (d), require the
35	39		facility to execute a contract with another end stage renal disease
36	40		facility located within a 100-mile radius of the facility
37	41		stipulating that the other end stage renal disease facility will
38	42		provide dialysis treatment to facility patients who are unable to
39	43		receive scheduled dialysis treatment due to the facility's closure
40	44		or reduction in hours; and
41	45		(4) include a documented patient communications plan
42	46		that includes procedures for notifying a patient when that
43	47		patient's scheduled dialysis treatment is interrupted.
44	48		(c) As part of the emergency preparedness and contingency
45	49		operations plan adopted under Subsection (b), each end stage renal
46	50		disease facility shall develop and the facility's leadership must
47	51		approve a continuity of care plan for the provision of dialysis
48	52		treatment to facility patients during an emergency. The facility
49	53		must provide a copy of the plan to each patient before providing or
50	54		scheduling dialysis treatment. The plan must include:
51	55		(1) procedures for distributing written materials to
52	56		facility patients that specifically describe the facility's
53	57		emergency preparedness and contingency operations plan adopted
54	58		under Subsection (b); and
55	59		(2) detailed procedures, based on the facility's
56	60		patient population, on the facility's contingency plans, including
57	61		transportation options, for patients to access dialysis treatment
58	62		at each end stage renal disease facility with which the facility has
59	63		an agreement or made advance preparations to ensure that the
60	64		facility's patients have the option to receive dialysis treatment.
61	65		(d) An end stage renal disease facility is not required to
62	66		contract with another end stage renal disease facility under
63	67		Subsection (b)(3) if:
64	68		(1) no other end stage renal disease facility is
65	69		located within a 100-mile radius of the facility; and
66	70		(2) the facility obtains written approval from the
67	71		department exempting the facility from that requirement.
68	72		(e) On request, an end stage renal disease facility shall
69	73		provide the facility's emergency preparedness and contingency
70	74		operations plan adopted under Subsection (b) to:
71	75		(1) the department;
72	76		(2) each hospital with which the facility has a
73	77		transfer agreement;
74	78		(3) the trauma service area regional advisory council
75	79		that serves the geographic area in which the facility is located;
76	80		and
77	81		(4) each applicable local emergency management
78	82		agency.
79	83		(f) Each end stage renal disease facility shall provide
80	84		annual training to facility staff on the facility's emergency
81	85		preparedness and contingency operations plan under this section.
82	86		(g) Each end stage renal disease facility shall annually
83	87		contact a local and state disaster management representative, an
84	88		emergency operations center, and a trauma service area regional
85	89		advisory council to:
86	90		(1) request comments on whether the emergency
87	91		preparedness and contingency operations plan adopted by the
88	92		facility under Subsection (b) should be modified; and
89	93		(2) ensure that local agencies, regional agencies,
90	94		state agencies, and hospitals are aware of the facility, the
91	95		facility's policy on provision of life-saving treatment, the
92	96		facility's patient population and potential transportation needs,
93	97		and the anticipated number of patients affected.
94	98		Sec. 251.017. EMERGENCY CONTINGENCY PLAN FOR POWER AND
95	99		POTABLE WATER. (a) Each end stage renal disease facility shall
96	100		adopt an emergency contingency plan for the continuity of essential
97	101		building systems during an emergency. A plan adopted by a facility
98	102		under this subsection must meet the requirements described by
99	103		Subsection (b), (d), or (e).
100	104		(b) Unless the facility adopts a plan described by
101	105		Subsection (d) or (e), an end stage renal disease facility must
102	106		adopt an emergency contingency plan as required by Subsection (a)
103	107		under which the facility is required:
104	108		(1) to have an on-site emergency generator that:
105	109		(A) has a type 2 essential electrical
106	110		distribution system in accordance with the National Fire Protection
107	111		Association 99, Section 4.5, and the National Fire Protection
108	112		Association 110;
109	113		(B) is installed, tested, and maintained in
110	114		accordance with the National Fire Protection Association 99,
111	115		Section 4.5.4, and the National Fire Protection Association 110;
112	116		and
113	117		(C) is kept at all times not less than 10 feet
114	118		from the electrical transformer;
115	119		(2) except as provided by Subsection (c), to maintain
116	120		an on-site fuel source that contains enough fuel capacity to power
117	121		the on-site generator for not less than 24 hours, as determined by
118	122		the electrical load demand on the emergency generator for that
119	123		period;
120	124		(3) to maintain a sufficient quantity of potable water
121	125		on-site to operate the facility's water treatment system for not
122	126		less than 24 hours; and
123	127		(4) to maintain a water valve connection that allows
124	128		an outside vendor to provide potable water to operate the
125	129		facility's water treatment system.
126	130		(c) An end stage renal disease facility that adopts an
127	131		emergency contingency plan under Subsection (b) is not required to
128	132		maintain an on-site fuel source described by Subsection (b)(2) if
129	133		the facility's on-site emergency generator uses a vapor liquefied
130	134		petroleum gas system with a dedicated fuel supply.
131	135		(d) Unless the facility adopts a plan described by
132	136		Subsection (b) or (e), an end stage renal disease facility must
133	137		adopt an emergency contingency plan as required by Subsection (a)
134	138		under which the facility is required:
135	139		(1) to maintain sufficient resources to provide on
136	140		demand or to execute a contract with an outside supplier or vendor
137	141		to provide on demand:
138	142		(A) a portable emergency generator that:
139	143		(i) has an electrical transfer switch with
140	144		a plug-in device to provide emergency power for patient care areas
141	145		and complies with National Fire Protection Association 99, Section
142	146		4.5.2.2.2; and
143	147		(ii) has a water valve connection that
144	148		allows for the use of potable water to operate the facility's water
145	149		treatment system;
146	150		(B) an alternate power source for light,
147	151		including battery-powered light, that:
148	152		(i) is separate and independent from the
149	153		normal electrical power source;
150	154		(ii) is capable of providing light for not
151	155		less than one and a half hours;
152	156		(iii) is capable of providing a sufficient
153	157		amount of light to allow for the safe evacuation of the building;
154	158		and
155	159		(iv) is maintained and tested not less than
156	160		four times each year; and
157	161		(C) potable water;
158	162		(2) to implement the plan when the facility loses
159	163		electrical power due to a natural or man-made event during which the
160	164		electrical power may not be restored within 24 hours; and
161	165		(3) to contact the outside supplier or vendor with
162	166		which the facility contracts under Subdivision (1), if applicable,
163	167		not later than 36 hours after the facility loses electrical power.
164	168		(e) Unless the facility adopts a plan described by
165	169		Subsection (b) or (d), an end stage renal disease facility must
166	170		adopt an emergency contingency plan as required by Subsection (a)
167	171		under which the facility is required to execute a contract with
168	172		another end stage renal disease facility that is located within a
169	173		100-mile radius of the facility stipulating that the other end
170	174		stage renal disease facility will provide emergency contingency
171	175		care to the facility's patients. The other end stage renal disease
172	176		facility with which the facility contracts must have an alternate
173	177		power source for light, including battery-powered light, that:
174	178		(1) is separate and independent from the normal
175	179		electrical power source;
176	180		(2) is capable of providing light for not less than one
177	181		and a half hours;
178	182		(3) is capable of providing a sufficient amount of
179	183		light to allow for the safe evacuation of the building; and
180	184		(4) is maintained and tested not less than four times
181	185		each year.
182	186		SECTION 2. Section 773.112, Health and Safety Code, is
183	187		amended by adding Subsection (d) to read as follows:
184	188		(d) Consistent with rules adopted under this section, the
185	189		executive commissioner by rule shall require that each applicable
186	190		emergency medical services medical director approve protocols that
187	191		give preference to the emergency transfer of a dialysis patient
188	192		from the patient's location directly to an outpatient end stage
189	193		renal disease facility during a declared disaster. For purposes of
190	194		this subsection:
191	195		(1) "Disaster" has the meaning assigned by Section
192	196		418.004, Government Code. The term includes a disaster declared
193	197		by:
194	198		(A) the president of the United States under the
195	199		Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
196	200		U.S.C. Section 5121 et seq.); and
197	201		(B) the governor under Section 418.014,
198	202		Government Code.
199	203		(2) "End stage renal disease facility" has the meaning
200	204		assigned by Section 251.001.
201	205		SECTION 3. Sections 38.072(a) and (b), Utilities Code, are
202	206		amended to read as follows:
203	207		(a) In this section:
204	208		(1) "Assisted living facility" has the meaning
205	209		assigned by Section 247.002, Health and Safety Code.
206	210		(2) "End stage renal disease facility" has the meaning
207	211		assigned by Section 251.001, Health and Safety Code.
208	212		(3) "Extended power outage" has the meaning assigned
209	213		by Section 13.1395, Water Code.
210	214		(4) [(3)] "Hospice services" has the meaning assigned
211	215		by Section 142.001, Health and Safety Code.
212	216		(5) [(4)] "Nursing facility" has the meaning assigned
213	217		by Section 242.301, Health and Safety Code.
214	218		(b) The commission by rule shall require an electric utility
215	219		to give to the following the same priority that it gives to a
216	220		hospital in the utility's emergency operations plan for restoring
217	221		power after an extended power outage:
218	222		(1) a nursing facility;
219	223		(2) an assisted living facility; [and]
220	224		(3) an end stage renal disease facility; and
221	225		(4) a facility that provides hospice services.
222	226		SECTION 4. Section 13.1395, Water Code, is amended by
223	227		adding Subsection (c-1) to read as follows:
224	228		(c-1) An emergency preparedness plan submitted under
225	229		Subsection (b) may provide for the prioritization of water
226	230		restoration to an end stage renal disease facility, as that term is
227	231		defined by Section 251.001, Health and Safety Code, in the same
228	232		manner as an affected utility restores service to a hospital
229	233		following an extended power outage. The affected utility must
230	234		restore the service in accordance with:
231	235		(1) the facility's needs;
232	236		(2) the affected community's needs; and
233	237		(3) the characteristics of the geographic area in
234	238		which water is to be restored.
235	239		SECTION 5. As soon as practicable after the effective date
236	240		of this Act:
237	241		(1) each end stage renal disease facility shall
238	242		develop and implement the plans required under Sections 251.016 and
239	243		251.017, Health and Safety Code, as added by this Act;
240	244		(2) the executive commissioner of the Health and Human
241	245		Services Commission shall adopt the rules required by Section
242	246		773.112(d), Health and Safety Code, as added by this Act; and
243	247		(3) the Public Utility Commission of Texas shall adopt
244	248		the rules required by Section 38.072, Utilities Code, as amended by
245	249		this Act.
246	250		SECTION 6. This Act takes effect September 1, 2021.
247		-	______________________________ ______________________________
248		-	President of the Senate Speaker of the House
249		-	I hereby certify that S.B. No. 1876 passed the Senate on
250		-	May 5, 2021, by the following vote: Yeas 31, Nays 0; and that the
251		-	Senate concurred in House amendment on May 27, 2021, by the
252		-	following vote: Yeas 31, Nays 0.
253		-	______________________________
254		-	Secretary of the Senate
255		-	I hereby certify that S.B. No. 1876 passed the House, with
256		-	amendment, on May 23, 2021, by the following vote: Yeas 142,
257		-	Nays 3, two present not voting.
258		-	______________________________
259		-	Chief Clerk of the House
260		-	Approved:
261		-	______________________________
262		-	Date
263		-	______________________________
264		-	Governor