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A BILL TO BE ENTITLED
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AN ACT
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relating to an emergency management plan for certain health care |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 418, Government Code, is |
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amended by adding Section 418.049 to read as follows: |
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Sec. 418.049. EMERGENCY MANAGEMENT PLAN FOR CERTAIN HEALTH |
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CARE FACILITIES. (a) The division shall review each emergency |
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management plan submitted under Sections 242.018, 246.008, and |
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247.007, Health and Safety Code, and suggest changes to a plan as |
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necessary to ensure safety of the residents of the facility or |
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institution. |
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(b) The division shall approve a plan as appropriate and |
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provide evidence of the division's approval to the facility or |
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institution. |
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SECTION 2. Subchapter A, Chapter 242, Health and Safety |
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Code, is amended by adding Sections 242.018 and 242.019 to read as |
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follows: |
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Sec. 242.018. EMERGENCY MANAGEMENT PLAN. (a) For purposes |
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of this section, "area prone to severe weather" means each county in |
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this state that is located wholly or partly within 100 miles of the |
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Gulf of Mexico. |
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(b) An institution located in an area prone to severe weather |
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shall prepare and keep current an emergency management plan |
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providing for disaster mitigation, preparedness, response, and |
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recovery. |
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(c) The plan must provide for: |
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(1) evacuation of the institution; and |
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(2) sheltering at the institution by the residents for |
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the duration of the emergency. |
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(d) Each institution shall submit the institution's |
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emergency management plan to the division of emergency management |
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in the governor's office and the city or county in which the |
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institution is located. |
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Sec. 242.019. EMERGENCY MANAGEMENT DRILL. (a) An |
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institution subject to Section 242.018 shall perform an emergency |
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management drill at a random time at least once every six months. |
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(b) An institution shall use the emergency management |
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drills to: |
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(1) test the institution's procedures during an |
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emergency for evacuating and relocating the institution's |
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residents and staff and for sheltering the residents and staff in |
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the institution; and |
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(2) improve the efficiency, knowledge, and response of |
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institution staff in implementing the emergency management plan |
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under Section 242.018. |
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(c) The institution shall ensure that an emergency |
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management drill causes as little disruption to residents as |
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possible. |
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SECTION 3. Section 242.032, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) Each applicant for a license or a renewal of a license |
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shall submit evidence of approval of the institution's emergency |
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management plan under Section 242.018, if applicable, by the |
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emergency management division in the governor's office. |
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SECTION 4. Subchapter A, Chapter 246, Health and Safety |
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Code, is amended by adding Sections 246.008 and 246.009 to read as |
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follows: |
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Sec. 246.008. EMERGENCY MANAGEMENT PLAN. (a) For purposes |
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of this section, "area prone to severe weather" means each county in |
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this state that is located wholly or partly within 100 miles of the |
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Gulf of Mexico. |
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(b) Each facility located in an area prone to severe weather |
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shall prepare and keep current an emergency management plan |
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providing for disaster mitigation, preparedness, response, and |
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recovery. |
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(c) The plan must provide for: |
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(1) evacuation of the facility; and |
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(2) sheltering at the facility by the residents for |
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the duration of the emergency. |
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(d) Each facility shall submit the facility's emergency |
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management plan to the division of emergency management in the |
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governor's office and the city or county in which the facility is |
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located. |
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Sec. 246.009. EMERGENCY MANAGEMENT DRILL. (a) A facility |
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subject to Section 246.008 shall perform an emergency management |
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drill at a random time at least once every three months. |
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(b) A facility shall use the emergency management drills to: |
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(1) test the facility's procedures during an emergency |
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for evacuating and relocating facility residents and staff and for |
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sheltering facility residents and staff at the facility; and |
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(2) improve the efficiency, knowledge, and response of |
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facility staff in implementing the emergency management plan under |
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Section 246.008. |
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(c) A facility shall ensure that an emergency management |
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drill causes as little disruption to residents as possible. |
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SECTION 5. Section 246.022(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The commissioner shall grant an application for a |
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certificate of authority if the commissioner finds that: |
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(1) the applicant or the facility is financially |
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sound; |
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(2) the competence, experience, and integrity of the |
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applicant, its board of directors, its officers, or its management |
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make it in the public interest to issue the certificate; [and] |
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(3) the applicant is capable of complying with this |
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chapter; and |
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(4) the applicant has submitted evidence of approval |
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of the facility's emergency management plan under Section 246.008, |
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if applicable, by the emergency management division in the |
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governor's office. |
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SECTION 6. Subchapter A, Chapter 247, Health and Safety |
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Code, is amended by adding Sections 247.007 and 247.008 to read as |
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follows: |
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Sec. 247.007. EMERGENCY MANAGEMENT PLAN. (a) For purposes |
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of this section, "area prone to severe weather" means each county in |
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this state that is located wholly or partly within 100 miles of the |
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Gulf of Mexico. |
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(b) Each assisted living facility licensed in this state |
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that is located in an area prone to severe weather shall prepare and |
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keep current an emergency management plan providing for disaster |
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mitigation, preparedness, response, and recovery. |
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(c) The plan must provide for: |
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(1) evacuation of the assisted living facility; and |
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(2) sheltering at the assisted living facility by the |
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facility residents for the duration of the emergency. |
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(d) Each assisted living facility shall submit the |
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facility's emergency management plan to the division of emergency |
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management in the governor's office and the city or county in which |
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the facility is located. |
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Sec. 247.008. EMERGENCY MANAGEMENT DRILL. (a) An assisted |
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living facility subject to Section 247.007 shall perform an |
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emergency management drill at a random time at least once every |
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three months. |
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(b) An assisted living facility shall use the emergency |
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management drills to: |
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(1) test the assisted living facility's procedures |
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during an emergency for evacuating and relocating facility |
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residents and staff and for sheltering facility residents and staff |
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at the facility; and |
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(2) improve the efficiency, knowledge, and response of |
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assisted living facility staff in implementing the emergency |
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management plan under Section 247.007. |
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(c) An assisted living facility shall ensure that an |
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emergency management drill causes as little disruption to residents |
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as possible. |
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SECTION 7. Section 247.022, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Each applicant for an assisted living facility license |
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or renewal of a license shall submit evidence of approval of the |
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facility's emergency management plan under Section 247.007, if |
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applicable, by the emergency management division in the governor's |
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office. |
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SECTION 8. A convalescent or nursing home, or related |
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institution licensed under Chapter 242, Health and Safety Code, a |
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continuing care facility granted a certificate of authority under |
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Chapter 246, Health and Safety Code, or an assisted living facility |
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licensed under Chapter 247, Health and Safety Code, subject to |
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Sections 242.018, 246.008, and 247.007, Health and Safety Code, as |
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added by this Act, shall develop an emergency management plan as |
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required by those sections as soon as practicable after the |
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effective date of this Act. |
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SECTION 9. The changes in law made by this Act apply to an |
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application for a certificate of authority, a license, or a renewal |
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of a license filed on or after the effective date of this Act. An |
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application filed before the effective date of this Act is governed |
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by the law in effect on the date of the filing of the application, |
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and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2009. |