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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency preparedness and response plans for the |
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continued care and safety of nursing facility and assisted living |
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facility residents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.053 to read as follows: |
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Sec. 242.053. EMERGENCY PREPAREDNESS AND RESPONSE PLAN. |
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(a) In this section, "emergency" means an incident likely to |
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threaten the health, welfare, or safety of residents, personnel, or |
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the public at a nursing facility, including a fire, an equipment |
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failure, a power outage, a flood, an interruption in utility |
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service, a medical emergency, or a natural or other disaster. |
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(b) Each nursing facility shall: |
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(1) adopt and implement an emergency preparedness and |
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response plan for the continued care and safety of residents and the |
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continuity of the facility's essential building systems during an |
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emergency; and |
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(2) prepare and annually update as necessary a written |
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policy, including procedures, to ensure the facility activates, |
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operates, and maintains generators or alternate power sources and |
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fuel resources required under this section. |
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(c) An emergency preparedness and response plan adopted in |
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accordance with this section must: |
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(1) require a nursing facility to install and maintain |
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on the facility's premises: |
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(A) an emergency generator or alternate power |
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source; |
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(B) a fuel supply with enough capacity to power |
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the emergency generator or alternate power source for not less than |
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96 hours; and |
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(C) a carbon monoxide alarm or detector that |
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complies with rules the executive commissioner adopts; and |
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(2) include strategies to: |
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(A) prevent resident complications from heat |
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exposure during a power outage, including requiring the facility to |
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maintain a temperature between 71 degrees and 81 degrees |
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Fahrenheit; |
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(B) safely transport residents to an appropriate |
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facility when the facility's management knows the facility is |
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unable to maintain the facility's temperature within a range safe |
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for residents; and |
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(C) respond to inquiries from residents' family |
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members during an emergency. |
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(d) Each nursing facility shall provide to facility |
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personnel the written policy prepared in accordance with Subsection |
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(b)(2) and relevant training on the facility's emergency |
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preparedness and response plan adopted under this section. |
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(e) In preparing for or responding to an emergency, a |
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nursing facility shall follow each procedure or requirement |
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outlined in: |
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(1) the emergency preparedness and response plan the |
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facility adopts under this section, including contingency |
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procedures or requirements to meet a resident's individual medical |
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needs; and |
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(2) the written policy prepared in accordance with |
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Subsection (b)(2). |
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(f) The commission shall review and approve each nursing |
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facility's emergency preparedness and response plan required by |
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this section and each update to the plan. The commission may revoke |
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a facility's license issued under this chapter for failure to |
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comply with this section or rules adopted under this section. |
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(g) The executive commissioner shall adopt the rules |
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necessary to administer and enforce this section. |
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SECTION 2. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.073 to read as follows: |
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Sec. 247.073. EMERGENCY PREPAREDNESS AND RESPONSE PLAN. |
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(a) In this section, "emergency" means an incident likely to |
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threaten the health, welfare, or safety of residents, personnel, or |
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the public at an assisted living facility, including a fire, an |
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equipment failure, a power outage, a flood, an interruption in |
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utility service, a medical emergency, or a natural or other |
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|
disaster. |
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(b) Each assisted living facility shall: |
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(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 |
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|
96 hours; and |
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|
(C) a carbon monoxide alarm or detector that |
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|
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 |
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|
for residents; and |
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|
(C) respond to inquiries from residents' family |
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|
members during an emergency. |
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(d) Each assisted living facility shall provide to facility |
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personnel the written policy prepared in accordance with Subsection |
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(b)(2) and relevant training on the facility's emergency |
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preparedness and response plan adopted under this section. |
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(e) In preparing for or responding to an emergency, an |
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assisted living facility shall follow each procedure or requirement |
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|
outlined in: |
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(1) the emergency preparedness and response plan the |
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facility adopts under this section, including contingency |
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procedures or requirements to meet a resident's individual medical |
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|
needs; and |
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(2) the written policy prepared in accordance with |
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Subsection (b)(2). |
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(f) The commission shall review and approve each assisted |
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living facility's emergency preparedness and response plan |
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required by this section and each update to the plan. The |
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commission may revoke a facility's license issued under this |
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chapter for failure to comply with this section or rules adopted |
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under this section. |
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(g) The executive commissioner shall adopt the rules |
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necessary to administer and enforce this section. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, each nursing facility and assisted living facility |
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shall adopt and implement an emergency preparedness and response |
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plan as required by Sections 242.053 and 247.073, Health and Safety |
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Code, as added by this Act. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules required by Sections |
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242.053 and 247.073, Health and Safety Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |