Senate Bill sb0240

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    Florida Senate - 2005                                   SB 240

    By Senator Lynn





    7-250-05

  1                      A bill to be entitled

  2         An act relating to emergency electrical service

  3         in nursing home facilities; creating s.

  4         400.115, F.S.; providing definitions; requiring

  5         each nursing home facility seeking or renewing

  6         a license under ch. 400, F.S., to have, at a

  7         minimum, an emergency generator capable of

  8         providing electrical service for a specified

  9         period during an interruption of the normal

10         electrical supply; requiring that plans for the

11         installation and operation of the emergency

12         generator be submitted to the Agency for Health

13         Care Administration; providing for procedures

14         if the agency determines that a plan does not

15         meet the requirements for an emergency

16         generator; directing that an emergency

17         generator be operational within a specified

18         time; requiring a nursing home facility to have

19         a specified quantity of fuel onsite at all

20         times; requiring the nursing home facility to

21         regularly test the emergency system; directing

22         the nursing home facility to keep logs of

23         maintenance and testing; providing monetary

24         fines for violating the act; authorizing the

25         agency to prohibit admissions to a nursing home

26         facility that is in violation of the act;

27         providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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    Florida Senate - 2005                                   SB 240
    7-250-05




 1         Section 1.  Section 400.115, Florida Statutes, is

 2  created to read:

 3         400.115  Emergency electrical service.--

 4         (1)  DEFINITIONS.--As used in this section, the term:

 5         (a)  "Area of refuge" means any hallway, corridor,

 6  dining facility, lobby, reception area, or community room

 7  designated by the nursing home facility and approved by the

 8  agency.

 9         (b)  "Critical systems" means:

10         1.  Heating systems;

11         2.  Cooling systems;

12         3.  Call light or nurse call systems;

13         4.  Illumination for exit signs, directional signs, and

14  nursing stations;

15         5.  Alarm systems, including fire and smoke alarms, and

16  fire-extinguishing systems;

17         6.  Paging systems or speaker systems, if intended for

18  communication during an emergency;

19         7.  Life-sustaining equipment and life-support

20  equipment;

21         8.  Refrigeration for medications and for food and

22  liquids that require refrigeration;

23         9.  Telephone systems;

24         10.  Boiler rooms, including pumps for hot water

25  circulation;

26         11.  Elevators in facilities with elevators;

27         12.  Public restrooms; and

28         13.  Illumination and a receptacle in the vicinity of

29  the nursing home facility's emergency generator.

30         (2)  REQUIREMENTS FOR AN EMERGENCY GENERATOR.--

31  

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    Florida Senate - 2005                                   SB 240
    7-250-05




 1         (a)  A nursing home facility seeking a license or

 2  renewal of a license under this part shall have, at a minimum

 3  and as otherwise provided in this subsection, an emergency

 4  generator that is capable of providing at least 48 continuous

 5  hours of electrical service during an interruption of the

 6  normal electrical supply.

 7         (b)1.  Each nursing home facility licensed before

 8  January 1, 2006, shall, by July 1, 2006, submit to the agency

 9  a plan prepared by a licensed architect, engineer,

10  electrician, or individual deemed qualified by the

11  manufacturer of the generator for the installation of an

12  emergency generator sufficient to provide power to critical

13  systems for at least 48 continuous hours in the event of

14  interruption of normal electrical service. However, a nursing

15  home facility is not required to provide heating or cooling to

16  any area not designated and approved by the agency as an area

17  of refuge.

18         2.  Each nursing home facility licensed on or after

19  January 1, 2006, shall submit to the agency a plan prepared by

20  a licensed architect, engineer, electrician, or individual

21  deemed qualified by the manufacturer of the generator for the

22  installation of an emergency generator sufficient to provide

23  power to all systems in the nursing home facility which

24  require electric power for operation for at least 48

25  continuous hours in the event of interruption of normal

26  electrical service.

27         (c)  If the agency determines that a plan does not meet

28  the requirements of this subsection, the agency shall:

29         1.  Notify the nursing home facility in writing that

30  the plan is unacceptable and state the specific deficiencies

31  in the plan;

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    Florida Senate - 2005                                   SB 240
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 1         2.  Require the nursing home facility to submit a

 2  revised plan to the agency not later than 60 days after the

 3  date of the written notice; and

 4         3.  Ensure that the revised plan corrects the

 5  deficiencies listed in the written notice.

 6         (d)  A nursing home facility may appeal the

 7  determination that its plan in unacceptable under chapter 120.

 8  However, the filing of an appeal does not postpone the

 9  deadlines for complying with the requirements of this

10  subsection.

11         (e)1.  Each nursing home facility licensed before

12  January 1, 2006, shall have an emergency generator installed

13  and functioning by July 1, 2007.

14         2.  Each nursing home facility licensed on or after

15  January 1, 2006, shall have an emergency generator installed

16  and functioning at the time of initial occupancy.

17         (3)  OPERATION REQUIREMENTS.--

18         (a)  The emergency generator must be capable of

19  operation within 10 seconds after interruption of normal

20  electrical service.

21         (b)  A nursing home facility must have the capacity to

22  store sufficient fuel onsite to operate the emergency

23  generator for at least 48 hours. The nursing home facility

24  must have a written contract with a fuel distributor which

25  guarantees first-priority service for refills during

26  interruptions in electrical service.

27         (c)  The nursing home facility must perform all

28  recommended and required maintenance and tests on the

29  emergency generator as specified by the manufacturer of the

30  generator or as recommended by the person or entity performing

31  the installation.

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 1         (d)1.  An emergency generator must be inspected weekly

 2  and tested under actual load and operating conditions for at

 3  least 30 minutes, once each month, and the test must include

 4  any automatic or manual transfer of equipment.

 5         2.  The emergency generator shall be tested by trained

 6  staff of the nursing home facility who are familiar with the

 7  generator's operation. Instructions for operating the

 8  emergency generator and manually transferring emergency power

 9  must be maintained with the nursing home facility's disaster

10  preparedness plan and must be separately identified in the

11  plan.

12         (e)  A log shall be maintained of tests of the

13  emergency generator. Until the next licensure survey by the

14  agency, the nursing home facility must record and maintain a

15  log of all maintenance performed by the nursing home facility

16  and each monthly start-up and the operating condition of the

17  generator at each monthly start-up. Records shall be

18  maintained and kept on file for a minimum of 3 years.

19         (f)  In addition to the tests required under paragraph

20  (c), at least once each year, the nursing home facility must

21  have the emergency generator tested by a licensed engineer or

22  other individual deemed qualified by the manufacturer of the

23  generator to ensure that the generator will operate as

24  required in the event of interruption of normal electrical

25  service. A nursing home facility shall retain a copy of the

26  statement of the qualified professional attesting to the

27  fitness of the generator until the next licensure survey by

28  the agency.

29         (4)  PENALTIES.--

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 1         (a)  If a nursing home facility fails to comply with

 2  subsection (2) or subsection (3), the agency may assess a fine

 3  not to exceed:

 4         1.  Two thousand dollars for each month in which the

 5  nursing home facility does not comply with subsection (2) or

 6  subsection (3).

 7         2.  Five thousand dollars for each calendar day during

 8  which the nursing home facility lacks electrical power for

 9  more than 4 consecutive hours.

10         (b)  In addition to any fine that is imposed, the

11  agency may prohibit the nursing home facility from admitting

12  new residents until the nursing home facility complies with

13  this section.

14  

15  For purposes of this paragraph, any person who was a resident

16  of the facility and was absent from the facility for the

17  purpose of receiving medical care at a separate location or

18  was on a leave of absence is not considered a new admission.

19         (c)  A nursing home facility may appeal a monetary fine

20  assessed under this subsection as provided in chapter 120.

21         (d)  Penalties authorized under this subsection may be

22  waived:

23         1.  For any nursing home facility that is scheduled to

24  be replaced by a new nursing home facility that is under

25  construction as of July 1, 2006.

26         2.  If the emergency generator is rendered inoperable

27  due to a natural disaster or other conditions beyond the

28  control or authority of the facility and the facility has

29  taken reasonable actions to ensure the operation of the

30  emergency generator.

31         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                   SB 240
    7-250-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires each nursing home facility seeking or renewing a
      license under ch. 400, F.S., to have, at a minimum, an
 4    emergency generator system capable of providing not less
      than 48 continuous hours of electrical service during an
 5    interruption of the normal electrical supply. Requires
      nursing homes to submit plans for the installation and
 6    operation of the emergency generator to the Agency for
      Health Care Administration. Provides for procedures in
 7    the event the agency determines that a plan does not meet
      the requirements of the emergency electrical system.
 8    Directs a nursing home facility licensed on January 1,
      2006, to have an emergency generator installed and
 9    functioning no later than July 1, 2007. Directs each
      nursing home facility licensed after January 1, 2006, to
10    have an emergency generator installed and functioning at
      the time of initial occupancy. Requires the nursing home
11    facility to have a specified quantity of fuel onsite at
      all times. Requires the nursing home facility to
12    regularly test the emergency system. Directs the nursing
      home facility to keep logs of maintenance and testing.
13    Provides monetary fines for violating the act.

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