By: Miles S.B. No. 1368
A BILL TO BE ENTITLED
AN ACT
relating to an emergency preparedness and contingency operations
plan, including temperature regulation, for nursing facility and
assisted living facility residents during an emergency; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter K, Chapter 242, Health and Safety
Code, is amended by adding Section 242.405 to read as follows:
Sec. 242.405. EMERGENCY PREPAREDNESS AND CONTINGENCY
OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:
(1) "Area of refuge" means a climate-controlled area
of a nursing facility that is designated for use during a power
outage or other emergency to provide safety, care, and other
resources to residents.
(2) "Bedfast resident" means a resident who is unable
to transfer out of bed and unable to turn and position themselves in
bed.
(b) A nursing facility shall adopt and implement an
emergency preparedness and contingency operations plan that
requires the facility to provide in an emergency:
(1) for each resident other than a bedfast resident, a
climate-controlled area of refuge with at least 15 square feet per
resident;
(2) for each bedfast resident, a climate-controlled
room; and
(3) notice to the commission of an unplanned
interruption or loss for more than 12 hours of electric utility
service.
(c) An emergency preparedness and contingency operations
plan adopted in accordance with this section must require a nursing
facility to maintain a temperature between 68 and 82 degrees
Fahrenheit for:
(1) each area of refuge designated for facility
residents; and
(2) each climate-controlled room for bedfast
residents.
(d) The executive commissioner shall adopt rules to enforce
this section.
(e) A nursing facility shall submit the emergency
preparedness and contingency operations plan required by this
section to the commission in the form and manner prescribed by the
commission.
(f) A nursing facility shall include in the emergency
preparedness and contingency operations plan adopted in accordance
with this section its policies and information on:
(1) building equipment, including the location of and
type of on-site generator equipment or backup power source; and
(2) residents, including residents who are bedfast and
residents who are dependent on electrically powered equipment.
(g) The commission shall assess a penalty in accordance with
Subchapter C against a nursing facility found in violation of this
section.
SECTION 2. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.073 to read as follows:
Sec. 247.073. EMERGENCY PREPAREDNESS AND CONTINGENCY
OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:
(1) "Area of refuge" means a climate-controlled area
in an assisted living facility that is designated for use during a
power outage or other emergency to provide safety, care, and other
resources to residents.
(2) "Bedfast resident" means an assisted living
facility resident who is unable to transfer out of bed and unable to
turn and position themselves in bed.
(b) An assisted living facility shall adopt and implement an
emergency preparedness and contingency operations plan that
requires the facility to provide in an emergency:
(1) for each assisted living facility resident other
than a bedfast resident, a climate-controlled area of refuge with
at least 15 square feet per resident;
(2) for each bedfast assisted living facility
resident, a climate-controlled room; and
(3) notice to the commission of an unplanned
interruption or loss for more than 12 hours of electric utility
service.
(c) An emergency preparedness and contingency operations
plan adopted in accordance with this section must require an
assisted living facility to maintain a temperature between 68 and
82 degrees Fahrenheit for:
(1) each area of refuge designated for assisted living
facility residents; and
(2) each climate-controlled room for bedfast assisted
living facility residents.
(d) The executive commissioner shall adopt rules to enforce
this section.
(e) The commission shall establish construction and
licensure standards for assisted living facilities constructed
after September 1, 2026, including standards for:
(1) the integration of backup power systems or a
connection point for a backup power system; and
(2) the evacuation of assisted living facility
residents in emergencies to other buildings on the same premises.
(f) An assisted living facility shall submit the emergency
preparedness and contingency operations plan required by this
section to the commission in the form and manner prescribed by the
commission.
(g) An assisted living facility shall include in the
emergency preparedness and contingency operations plan adopted in
accordance with this section its policies and information on:
(1) building equipment, including the location of and
type of on-site generator equipment or backup power source; and
(2) assisted living facility residents, including
residents who are bedfast and residents who are dependent on
electrically powered equipment.
(h) The commission shall assess a penalty in accordance with
Subchapter C against an assisted living facility found in violation
of this section.
SECTION 3. (a) Not later than January 1, 2026:
(1) each nursing facility shall adopt and implement an
emergency preparedness and contingency operations plan as required
by Section 242.405, Health and Safety Code, as added by this Act;
and
(2) each assisted living facility shall adopt and
implement an emergency preparedness and contingency operations
plan as required by Section 247.073, Health and Safety Code, as
added by this Act.
(b) Notwithstanding Sections 242.405 and 247.073, Health
and Safety Code, as added by this Act, a nursing facility or
assisted living facility is not subject to assessment of a penalty
for a violation of those sections until on or after January 1, 2027.
SECTION 4. This Act takes effect September 1, 2025.