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
theresidents, 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 utilizethe 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 utilizefeatures 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.