89R3109 LRM-D
By: Alvarado, et al. S.B. No. 481
A BILL TO BE ENTITLED
AN ACT
relating to emergency preparedness and response plans for the
continued care and safety of nursing facility and assisted living
facility residents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 242, Health and Safety
Code, is amended by adding Section 242.053 to read as follows:
Sec. 242.053. EMERGENCY PREPAREDNESS AND RESPONSE PLAN.
(a) In this section, "emergency" means an incident likely to
threaten the health, welfare, or safety of residents, personnel, or
the public at a nursing facility, including a fire, an equipment
failure, a power outage, a flood, an interruption in utility
service, a medical emergency, or a natural or other disaster.
(b) Each nursing facility shall:
(1) adopt and implement an emergency preparedness and
response plan for the continued care and safety of residents and the
continuity of the facility's essential building systems during an
emergency; and
(2) prepare and annually update as necessary a written
policy, including procedures, to ensure the facility activates,
operates, and maintains generators or alternate power sources and
fuel resources required under this section.
(c) An emergency preparedness and response plan adopted in
accordance with this section must:
(1) require a nursing facility to install and maintain
on the facility's premises:
(A) an emergency generator or alternate power
source;
(B) a fuel supply with enough capacity to power
the emergency generator or alternate power source for not less than
96 hours; and
(C) a carbon monoxide alarm or detector that
complies with rules the executive commissioner adopts; and
(2) include strategies to:
(A) prevent resident complications from heat
exposure during a power outage, including requiring the facility to
maintain a temperature between 71 degrees and 81 degrees
Fahrenheit;
(B) safely transport residents to an appropriate
facility when the facility's management knows the facility is
unable to maintain the facility's temperature within a range safe
for residents; and
(C) respond to inquiries from residents' family
members during an emergency.
(d) Each nursing facility shall provide to facility
personnel the written policy prepared in accordance with Subsection
(b)(2) and relevant training on the facility's emergency
preparedness and response plan adopted under this section.
(e) In preparing for or responding to an emergency, a
nursing facility shall follow each procedure or requirement
outlined in:
(1) the emergency preparedness and response plan the
facility adopts under this section, including contingency
procedures or requirements to meet a resident's individual medical
needs; and
(2) the written policy prepared in accordance with
Subsection (b)(2).
(f) The commission shall review and approve each nursing
facility's emergency preparedness and response plan required by
this section and each update to the plan. The commission may revoke
a facility's license issued under this chapter for failure to
comply with this section or rules adopted under this section.
(g) The executive commissioner shall adopt the rules
necessary to administer and enforce 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 RESPONSE PLAN.
(a) In this section, "emergency" means an incident likely to
threaten the health, welfare, or safety of residents, personnel, or
the public at an assisted living facility, including a fire, an
equipment failure, a power outage, a flood, an interruption in
utility service, a medical emergency, or a natural or other
disaster.
(b) Each assisted living facility shall:
(1) adopt and implement an emergency preparedness and
response plan for the continued care and safety of residents and the
continuity of the facility's essential building systems during an
emergency; and
(2) prepare and annually update as necessary a written
policy, including procedures, to ensure the facility activates,
operates, and maintains generators or alternate power sources and
fuel resources required under this section.
(c) An emergency preparedness and response plan adopted in
accordance with this section must:
(1) require an assisted living facility to install and
maintain on the facility's premises:
(A) an emergency generator or alternate power
source;
(B) a fuel supply with enough capacity to power
the emergency generator or alternate power source for not less than
96 hours; and
(C) a carbon monoxide alarm or detector that
complies with rules the executive commissioner adopts; and
(2) include strategies to:
(A) prevent resident complications from heat
exposure during a power outage, including requiring the facility to
maintain a temperature between 71 degrees and 81 degrees
Fahrenheit;
(B) safely transport residents to an appropriate
facility when the facility's management knows the facility is
unable to maintain the facility's temperature within a range safe
for residents; and
(C) respond to inquiries from residents' family
members during an emergency.
(d) Each assisted living facility shall provide to facility
personnel the written policy prepared in accordance with Subsection
(b)(2) and relevant training on the facility's emergency
preparedness and response plan adopted under this section.
(e) In preparing for or responding to an emergency, an
assisted living facility shall follow each procedure or requirement
outlined in:
(1) the emergency preparedness and response plan the
facility adopts under this section, including contingency
procedures or requirements to meet a resident's individual medical
needs; and
(2) the written policy prepared in accordance with
Subsection (b)(2).
(f) The commission shall review and approve each assisted
living facility's emergency preparedness and response plan
required by this section and each update to the plan. The
commission may revoke a facility's license issued under this
chapter for failure to comply with this section or rules adopted
under this section.
(g) The executive commissioner shall adopt the rules
necessary to administer and enforce this section.
SECTION 3. As soon as practicable after the effective date
of this Act, each nursing facility and assisted living facility
shall adopt and implement an emergency preparedness and response
plan as required by Sections 242.053 and 247.073, Health and Safety
Code, as added by this Act.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules required by Sections
242.053 and 247.073, Health and Safety Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2025.