Texas 2025 - 89th Regular

Texas Senate Bill SB481 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3109 LRM-D
2	2	By: Alvarado, et al. S.B. No. 481
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to emergency preparedness and response plans for the
10	10	continued care and safety of nursing facility and assisted living
11	11	facility residents.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 242, Health and Safety
14	14	Code, is amended by adding Section 242.053 to read as follows:
15	15	Sec. 242.053. EMERGENCY PREPAREDNESS AND RESPONSE PLAN.
16	16	(a) In this section, "emergency" means an incident likely to
17	17	threaten the health, welfare, or safety of residents, personnel, or
18	18	the public at a nursing facility, including a fire, an equipment
19	19	failure, a power outage, a flood, an interruption in utility
20	20	service, a medical emergency, or a natural or other disaster.
21	21	(b) Each nursing facility shall:
22	22	(1) adopt and implement an emergency preparedness and
23	23	response plan for the continued care and safety of residents and the
24	24	continuity of the facility's essential building systems during an
25	25	emergency; and
26	26	(2) prepare and annually update as necessary a written
27	27	policy, including procedures, to ensure the facility activates,
28	28	operates, and maintains generators or alternate power sources and
29	29	fuel resources required under this section.
30	30	(c) An emergency preparedness and response plan adopted in
31	31	accordance with this section must:
32	32	(1) require a nursing facility to install and maintain
33	33	on the facility's premises:
34	34	(A) an emergency generator or alternate power
35	35	source;
36	36	(B) a fuel supply with enough capacity to power
37	37	the emergency generator or alternate power source for not less than
38	38	96 hours; and
39	39	(C) a carbon monoxide alarm or detector that
40	40	complies with rules the executive commissioner adopts; and
41	41	(2) include strategies to:
42	42	(A) prevent resident complications from heat
43	43	exposure during a power outage, including requiring the facility to
44	44	maintain a temperature between 71 degrees and 81 degrees
45	45	Fahrenheit;
46	46	(B) safely transport residents to an appropriate
47	47	facility when the facility's management knows the facility is
48	48	unable to maintain the facility's temperature within a range safe
49	49	for residents; and
50	50	(C) respond to inquiries from residents' family
51	51	members during an emergency.
52	52	(d) Each nursing facility shall provide to facility
53	53	personnel the written policy prepared in accordance with Subsection
54	54	(b)(2) and relevant training on the facility's emergency
55	55	preparedness and response plan adopted under this section.
56	56	(e) In preparing for or responding to an emergency, a
57	57	nursing facility shall follow each procedure or requirement
58	58	outlined in:
59	59	(1) the emergency preparedness and response plan the
60	60	facility adopts under this section, including contingency
61	61	procedures or requirements to meet a resident's individual medical
62	62	needs; and
63	63	(2) the written policy prepared in accordance with
64	64	Subsection (b)(2).
65	65	(f) The commission shall review and approve each nursing
66	66	facility's emergency preparedness and response plan required by
67	67	this section and each update to the plan. The commission may revoke
68	68	a facility's license issued under this chapter for failure to
69	69	comply with this section or rules adopted under this section.
70	70	(g) The executive commissioner shall adopt the rules
71	71	necessary to administer and enforce this section.
72	72	SECTION 2. Subchapter D, Chapter 247, Health and Safety
73	73	Code, is amended by adding Section 247.073 to read as follows:
74	74	Sec. 247.073. EMERGENCY PREPAREDNESS AND RESPONSE PLAN.
75	75	(a) In this section, "emergency" means an incident likely to
76	76	threaten the health, welfare, or safety of residents, personnel, or
77	77	the public at an assisted living facility, including a fire, an
78	78	equipment failure, a power outage, a flood, an interruption in
79	79	utility service, a medical emergency, or a natural or other
80	80	disaster.
81	81	(b) Each assisted living facility shall:
82	82	(1) adopt and implement an emergency preparedness and
83	83	response plan for the continued care and safety of residents and the
84	84	continuity of the facility's essential building systems during an
85	85	emergency; and
86	86	(2) prepare and annually update as necessary a written
87	87	policy, including procedures, to ensure the facility activates,
88	88	operates, and maintains generators or alternate power sources and
89	89	fuel resources required under this section.
90	90	(c) An emergency preparedness and response plan adopted in
91	91	accordance with this section must:
92	92	(1) require an assisted living facility to install and
93	93	maintain on the facility's premises:
94	94	(A) an emergency generator or alternate power
95	95	source;
96	96	(B) a fuel supply with enough capacity to power
97	97	the emergency generator or alternate power source for not less than
98	98	96 hours; and
99	99	(C) a carbon monoxide alarm or detector that
100	100	complies with rules the executive commissioner adopts; and
101	101	(2) include strategies to:
102	102	(A) prevent resident complications from heat
103	103	exposure during a power outage, including requiring the facility to
104	104	maintain a temperature between 71 degrees and 81 degrees
105	105	Fahrenheit;
106	106	(B) safely transport residents to an appropriate
107	107	facility when the facility's management knows the facility is
108	108	unable to maintain the facility's temperature within a range safe
109	109	for residents; and
110	110	(C) respond to inquiries from residents' family
111	111	members during an emergency.
112	112	(d) Each assisted living facility shall provide to facility
113	113	personnel the written policy prepared in accordance with Subsection
114	114	(b)(2) and relevant training on the facility's emergency
115	115	preparedness and response plan adopted under this section.
116	116	(e) In preparing for or responding to an emergency, an
117	117	assisted living facility shall follow each procedure or requirement
118	118	outlined in:
119	119	(1) the emergency preparedness and response plan the
120	120	facility adopts under this section, including contingency
121	121	procedures or requirements to meet a resident's individual medical
122	122	needs; and
123	123	(2) the written policy prepared in accordance with
124	124	Subsection (b)(2).
125	125	(f) The commission shall review and approve each assisted
126	126	living facility's emergency preparedness and response plan
127	127	required by this section and each update to the plan. The
128	128	commission may revoke a facility's license issued under this
129	129	chapter for failure to comply with this section or rules adopted
130	130	under this section.
131	131	(g) The executive commissioner shall adopt the rules
132	132	necessary to administer and enforce this section.
133	133	SECTION 3. As soon as practicable after the effective date
134	134	of this Act, each nursing facility and assisted living facility
135	135	shall adopt and implement an emergency preparedness and response
136	136	plan as required by Sections 242.053 and 247.073, Health and Safety
137	137	Code, as added by this Act.
138	138	SECTION 4. As soon as practicable after the effective date
139	139	of this Act, the executive commissioner of the Health and Human
140	140	Services Commission shall adopt the rules required by Sections
141	141	242.053 and 247.073, Health and Safety Code, as added by this Act.
142	142	SECTION 5. This Act takes effect September 1, 2025.