Florida Senate - 2018                             CS for SB 1874
       
       
        
       By the Committee on Health Policy; and Senators Passidomo and
       Stargel
       
       
       
       
       588-02617-18                                          20181874c1
    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 to
   19         maintain an emergency power source and a supply of
   20         fuel which meet certain criteria by a specified date
   21         and requiring facilities to have a certain carbon
   22         monoxide alarm installed which meets certain
   23         requirements; requiring the Department of Elderly
   24         Affairs to establish minimum criteria for a
   25         comprehensive emergency management plan that includes
   26         a plan to monitor residents and transport them in
   27         certain situations to avoid complications from heat
   28         exposure; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraphs (d) and (g) of subsection (2) of
   33  section 400.23, Florida Statutes, are amended to read:
   34         400.23 Rules; evaluation and deficiencies; licensure
   35  status.—
   36         (2) Pursuant to the intention of the Legislature, the
   37  agency, in consultation with the Department of Health and the
   38  Department of Elderly Affairs, shall adopt and enforce rules to
   39  implement this part and part II of chapter 408, which shall
   40  include reasonable and fair criteria in relation to:
   41         (d) The equipment essential to the health and welfare of
   42  the residents, including an operational emergency power source
   43  and a supply of fuel sufficient to sustain the emergency power
   44  source for at least 96 hours during a power outage. The
   45  emergency power source must provide enough electricity to
   46  consistently maintain an air temperature described in rule. Each
   47  facility must be in compliance with this paragraph by no later
   48  than June 1, 2018.
   49         (g) The preparation and annual update of a comprehensive
   50  emergency management plan, which must include provisions for
   51  emergency power equipment. The agency shall adopt rules
   52  establishing minimum criteria for the plan after consultation
   53  with the Division of Emergency Management. At a minimum, the
   54  rules must provide for plan components that address emergency
   55  evacuation transportation; adequate sheltering arrangements;
   56  postdisaster activities, including emergency power, food, and
   57  water; postdisaster transportation; supplies; staffing;
   58  emergency equipment; individual identification of residents and
   59  transfer of records; a plan to monitor residents to ensure they
   60  do not experience complications from heat exposure during a
   61  power outage; a plan to safely transport residents to an
   62  appropriate facility if a facility’s management knows it will be
   63  unable to maintain the residents in a safe temperature range;
   64  and responding to family inquiries. The comprehensive emergency
   65  management plan is subject to review and approval by the local
   66  emergency management agency. During its review, the local
   67  emergency management agency shall ensure that the following
   68  agencies, at a minimum, are given the opportunity to review the
   69  plan: the Department of Elderly Affairs, the Department of
   70  Health, the Agency for Health Care Administration, and the
   71  Division of Emergency Management. Also, appropriate volunteer
   72  organizations must be given the opportunity to review the plan.
   73  The local emergency management agency shall complete its review
   74  within 60 days and either approve the plan or advise the
   75  facility of necessary revisions.
   76         Section 2. Paragraphs (a) and (b) of subsection (1) of
   77  section 429.41, Florida Statutes, are amended to read:
   78         429.41 Rules establishing standards.—
   79         (1) It is the intent of the Legislature that rules
   80  published and enforced pursuant to this section shall include
   81  criteria by which a reasonable and consistent quality of
   82  resident care and quality of life may be ensured and the results
   83  of such resident care may be demonstrated. Such rules shall also
   84  ensure a safe and sanitary environment that is residential and
   85  noninstitutional in design or nature. It is further intended
   86  that reasonable efforts be made to accommodate the needs and
   87  preferences of residents to enhance the quality of life in a
   88  facility. Uniform firesafety standards for assisted living
   89  facilities shall be established by the State Fire Marshal
   90  pursuant to s. 633.206. The agency, in consultation with the
   91  department, may adopt rules to administer the requirements of
   92  part II of chapter 408. In order to provide safe and sanitary
   93  facilities and the highest quality of resident care
   94  accommodating the needs and preferences of residents, the
   95  department, in consultation with the agency, the Department of
   96  Children and Families, and the Department of Health, shall adopt
   97  rules, policies, and procedures to administer this part, which
   98  must include reasonable and fair minimum standards in relation
   99  to:
  100         (a) The requirements for and maintenance of facilities, not
  101  in conflict with chapter 553, relating to plumbing, heating,
  102  cooling, lighting, ventilation, living space, and other housing
  103  conditions, which will ensure the health, safety, and comfort of
  104  residents suitable to the size of the structure.
  105         1. Firesafety evacuation capability determination.—An
  106  evacuation capability evaluation for initial licensure shall be
  107  conducted within 6 months after the date of licensure.
  108         2. Firesafety requirements.—
  109         a. The National Fire Protection Association, Life Safety
  110  Code, NFPA 101 and 101A, current editions, shall be used in
  111  determining the uniform firesafety code adopted by the State
  112  Fire Marshal for assisted living facilities, pursuant to s.
  113  633.206.
  114         b. A local government or a utility may charge fees only in
  115  an amount not to exceed the actual expenses incurred by the
  116  local government or the utility relating to the installation and
  117  maintenance of an automatic fire sprinkler system in a licensed
  118  assisted living facility structure.
  119         c. All licensed facilities must have an annual fire
  120  inspection conducted by the local fire marshal or authority
  121  having jurisdiction.
  122         d. An assisted living facility that is issued a building
  123  permit or certificate of occupancy before July 1, 2016, may at
  124  its option and after notifying the authority having
  125  jurisdiction, remain under the provisions of the 1994 and 1995
  126  editions of the National Fire Protection Association, Life
  127  Safety Code, NFPA 101, and NFPA 101A. The facility opting to
  128  remain under such provisions may make repairs, modernizations,
  129  renovations, or additions to, or rehabilitate, the facility in
  130  compliance with NFPA 101, 1994 edition, and may use utilize the
  131  alternative approaches to life safety in compliance with NFPA
  132  101A, 1995 edition. However, a facility for which a building
  133  permit or certificate of occupancy is issued before July 1,
  134  2016, that undergoes Level III building alteration or
  135  rehabilitation, as defined in the Florida Building Code, or
  136  seeks to use utilize features not authorized under the 1994 or
  137  1995 editions of the Life Safety Code must thereafter comply
  138  with all aspects of the uniform firesafety standards established
  139  under s. 633.206, and the Florida Fire Prevention Code, in
  140  effect for assisted living facilities as adopted by the State
  141  Fire Marshal.
  142         3. Resident elopement requirements.—Facilities are required
  143  to conduct a minimum of two resident elopement prevention and
  144  response drills per year. All administrators and direct care
  145  staff must participate in the drills which shall include a
  146  review of procedures to address resident elopement. Facilities
  147  must document the implementation of the drills and ensure that
  148  the drills are conducted in a manner consistent with the
  149  facility’s resident elopement policies and procedures.
  150         4. Emergency power sources for use during power outages.
  151  Facilities are required to maintain an operational emergency
  152  power source and a supply of fuel sufficient to sustain the
  153  emergency power source for at least 96 hours during a power
  154  outage. The emergency power source must provide enough
  155  electricity to consistently maintain an air temperature
  156  described in rule. Each facility must be in compliance with this
  157  subparagraph by no later than June 1, 2018.
  158         5.Carbon monoxide alarm required.—All facilities,
  159  regardless of date of construction, must have an operational
  160  carbon monoxide alarm installed which is approved by the Florida
  161  Building Commission and which meets the requirements of s.
  162  553.885.
  163         (b) The preparation and annual update of a comprehensive
  164  emergency management plan. Such standards must be included in
  165  the rules adopted by the department after consultation with the
  166  Division of Emergency Management. At a minimum, the rules must
  167  provide for plan components that address emergency evacuation
  168  transportation; adequate sheltering arrangements; postdisaster
  169  activities, including provision of emergency power, food, and
  170  water; postdisaster transportation; supplies; staffing;
  171  emergency equipment; individual identification of residents and
  172  transfer of records; a plan to monitor residents to ensure they
  173  do not experience complications from heat exposure during a
  174  power outage; a plan to safely transport residents to an
  175  appropriate facility if a facility’s management knows it will be
  176  unable to maintain the residents in a safe temperature range;
  177  communication with families; and responses to family inquiries.
  178  The comprehensive emergency management plan is subject to review
  179  and approval by the local emergency management agency. During
  180  its review, the local emergency management agency shall ensure
  181  that the following agencies, at a minimum, are given the
  182  opportunity to review the plan: the Department of Elderly
  183  Affairs, the Department of Health, the Agency for Health Care
  184  Administration, and the Division of Emergency Management. Also,
  185  appropriate volunteer organizations must be given the
  186  opportunity to review the plan. The local emergency management
  187  agency shall complete its review within 60 days and either
  188  approve the plan or advise the facility of necessary revisions.
  189         Section 3. This act shall take effect upon becoming a law.