Florida Senate - 2018 SB 1874 By Senator Passidomo 28-01306-18 20181874__ 1 A bill to be entitled 2 An act relating to emergency power for nursing home 3 and assisted living facilities; amending s. 400.23, 4 F.S.; requiring the Agency for Health Care 5 Administration, in consultation with the Department of 6 Health and the Department of Elderly Affairs, to adopt 7 and enforce rules requiring each facility to have an 8 emergency power source and a supply of fuel which meet 9 certain criteria by a specified date; requiring the 10 agency to adopt rules establishing minimum criteria 11 for a comprehensive emergency management plan that 12 includes a plan to monitor residents and a plan to 13 transport them in certain situations to avoid 14 complications from heat exposure; amending s. 429.41, 15 F.S.; requiring the Department of Elderly Affairs, in 16 consultation with the agency, the Department of 17 Children and Families, and the Department of Health, 18 to adopt and enforce rules requiring each facility 19 maintain an emergency power source and a supply of 20 fuel which meet certain criteria by a specified date; 21 requiring the Department of Elderly Affairs to 22 establish minimum criteria for a comprehensive 23 emergency management plan that includes a plan to 24 monitor residents and transport them in certain 25 situations to avoid complications from heat exposure; 26 providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Paragraphs (d) and (g) of subsection (2) of 31 section 400.23, Florida Statutes, are amended to read: 32 400.23 Rules; evaluation and deficiencies; licensure 33 status.— 34 (2) Pursuant to the intention of the Legislature, the 35 agency, in consultation with the Department of Health and the 36 Department of Elderly Affairs, shall adopt and enforce rules to 37 implement this part and part II of chapter 408, which shall 38 include reasonable and fair criteria in relation to: 39 (d) The equipment essential to the health and welfare of 40
theresidents, including an operational emergency power source 41 and a supply of fuel sufficient to sustain the emergency power 42 source for at least 96 hours during a power outage. The 43 emergency power source must provide enough electricity to 44 consistently maintain an air temperature described in rule. Each 45 facility must be in compliance with this paragraph by no later 46 than June 1, 2018. 47 (g) The preparation and annual update of a comprehensive 48 emergency management plan, which must include provisions for 49 emergency power equipment. The agency shall adopt rules 50 establishing minimum criteria for the plan after consultation 51 with the Division of Emergency Management. At a minimum, the 52 rules must provide for plan components that address emergency 53 evacuation transportation; adequate sheltering arrangements; 54 postdisaster activities, including emergency power, food, and 55 water; postdisaster transportation; supplies; staffing; 56 emergency equipment; individual identification of residents and 57 transfer of records; a plan to monitor residents to ensure they 58 do not experience complications from heat exposure during a 59 power outage; a plan to safely transport residents to an 60 appropriate facility if a facility’s management knows it will be 61 unable to maintain the residents in a safe temperature range; 62 and responding to family inquiries. The comprehensive emergency 63 management plan is subject to review and approval by the local 64 emergency management agency. During its review, the local 65 emergency management agency shall ensure that the following 66 agencies, at a minimum, are given the opportunity to review the 67 plan: the Department of Elderly Affairs, the Department of 68 Health, the Agency for Health Care Administration, and the 69 Division of Emergency Management. Also, appropriate volunteer 70 organizations must be given the opportunity to review the plan. 71 The local emergency management agency shall complete its review 72 within 60 days and either approve the plan or advise the 73 facility of necessary revisions. 74 Section 2. Paragraphs (a) and (b) of subsection (1) of 75 section 429.41, Florida Statutes, are amended to read: 76 429.41 Rules establishing standards.— 77 (1) It is the intent of the Legislature that rules 78 published and enforced pursuant to this section shall include 79 criteria by which a reasonable and consistent quality of 80 resident care and quality of life may be ensured and the results 81 of such resident care may be demonstrated. Such rules shall also 82 ensure a safe and sanitary environment that is residential and 83 noninstitutional in design or nature. It is further intended 84 that reasonable efforts be made to accommodate the needs and 85 preferences of residents to enhance the quality of life in a 86 facility. Uniform firesafety standards for assisted living 87 facilities shall be established by the State Fire Marshal 88 pursuant to s. 633.206. The agency, in consultation with the 89 department, may adopt rules to administer the requirements of 90 part II of chapter 408. In order to provide safe and sanitary 91 facilities and the highest quality of resident care 92 accommodating the needs and preferences of residents, the 93 department, in consultation with the agency, the Department of 94 Children and Families, and the Department of Health, shall adopt 95 rules, policies, and procedures to administer this part, which 96 must include reasonable and fair minimum standards in relation 97 to: 98 (a) The requirements for and maintenance of facilities, not 99 in conflict with chapter 553, relating to plumbing, heating, 100 cooling, lighting, ventilation, living space, and other housing 101 conditions, which will ensure the health, safety, and comfort of 102 residents suitable to the size of the structure. 103 1. Firesafety evacuation capability determination.—An 104 evacuation capability evaluation for initial licensure shall be 105 conducted within 6 months after the date of licensure. 106 2. Firesafety requirements.— 107 a. The National Fire Protection Association, Life Safety 108 Code, NFPA 101 and 101A, current editions, shall be used in 109 determining the uniform firesafety code adopted by the State 110 Fire Marshal for assisted living facilities, pursuant to s. 111 633.206. 112 b. A local government or a utility may charge fees only in 113 an amount not to exceed the actual expenses incurred by the 114 local government or the utility relating to the installation and 115 maintenance of an automatic fire sprinkler system in a licensed 116 assisted living facility structure. 117 c. All licensed facilities must have an annual fire 118 inspection conducted by the local fire marshal or authority 119 having jurisdiction. 120 d. An assisted living facility that is issued a building 121 permit or certificate of occupancy before July 1, 2016, may at 122 its option and after notifying the authority having 123 jurisdiction, remain under the provisions of the 1994 and 1995 124 editions of the National Fire Protection Association, Life 125 Safety Code, NFPA 101, and NFPA 101A. The facility opting to 126 remain under such provisions may make repairs, modernizations, 127 renovations, or additions to, or rehabilitate, the facility in 128 compliance with NFPA 101, 1994 edition, and may use utilizethe 129 alternative approaches to life safety in compliance with NFPA 130 101A, 1995 edition. However, a facility for which a building 131 permit or certificate of occupancy is issued before July 1, 132 2016, that undergoes Level III building alteration or 133 rehabilitation, as defined in the Florida Building Code, or 134 seeks to use utilizefeatures not authorized under the 1994 or 135 1995 editions of the Life Safety Code must thereafter comply 136 with all aspects of the uniform firesafety standards established 137 under s. 633.206, and the Florida Fire Prevention Code, in 138 effect for assisted living facilities as adopted by the State 139 Fire Marshal. 140 3. Resident elopement requirements.—Facilities are required 141 to conduct a minimum of two resident elopement prevention and 142 response drills per year. All administrators and direct care 143 staff must participate in the drills which shall include a 144 review of procedures to address resident elopement. Facilities 145 must document the implementation of the drills and ensure that 146 the drills are conducted in a manner consistent with the 147 facility’s resident elopement policies and procedures. 148 4. Emergency power sources for use during power outages. 149 Facilities are required to maintain an operational emergency 150 power source and a supply of fuel sufficient to sustain the 151 emergency power source for at least 96 hours during a power 152 outage. The emergency power source must provide enough 153 electricity to consistently maintain an air temperature 154 described in rule. Each facility must be in compliance with this 155 subparagraph by no later than June 1, 2018. 156 (b) The preparation and annual update of a comprehensive 157 emergency management plan. Such standards must be included in 158 the rules adopted by the department after consultation with the 159 Division of Emergency Management. At a minimum, the rules must 160 provide for plan components that address emergency evacuation 161 transportation; adequate sheltering arrangements; postdisaster 162 activities, including provision of emergency power, food, and 163 water; postdisaster transportation; supplies; staffing; 164 emergency equipment; individual identification of residents and 165 transfer of records; a plan to monitor residents to ensure they 166 do not experience complications from heat exposure during a 167 power outage; a plan to safely transport residents to an 168 appropriate facility if a facility’s management knows it will be 169 unable to maintain the residents in a safe temperature range; 170 communication with families; and responses to family inquiries. 171 The comprehensive emergency management plan is subject to review 172 and approval by the local emergency management agency. During 173 its review, the local emergency management agency shall ensure 174 that the following agencies, at a minimum, are given the 175 opportunity to review the plan: the Department of Elderly 176 Affairs, the Department of Health, the Agency for Health Care 177 Administration, and the Division of Emergency Management. Also, 178 appropriate volunteer organizations must be given the 179 opportunity to review the plan. The local emergency management 180 agency shall complete its review within 60 days and either 181 approve the plan or advise the facility of necessary revisions. 182 Section 3. This act shall take effect upon becoming a law.