Florida Senate - 2019 SB 1364 By Senator Gruters 23-01190A-19 20191364__ 1 A bill to be entitled 2 An act relating to comprehensive emergency management 3 planning for assisted living facilities; amending s. 4 429.41, F.S.; removing provisions related to standards 5 for the preparation and annual update of comprehensive 6 emergency management plans for assisted living 7 facilities for the purpose of revising and relocating 8 the provisions; creating s. 429.43, F.S.; providing 9 legislative intent; preempting the regulation of 10 comprehensive emergency management planning for 11 assisted living facilities to the state; requiring a 12 facility to submit a comprehensive emergency 13 management plan to the county emergency management 14 agency before the facility may be issued a license; 15 requiring a new licensee to submit an emergency 16 management plan within a specified timeframe when 17 ownership of a licensed facility is transferred; 18 requiring the county emergency management agency to 19 annually review the facility plan; requiring the 20 review to be completed within a specified timeframe; 21 requiring the county emergency management agency to 22 approve the plan or advise the facility of required 23 corrections; requiring documentation of any such 24 corrections to be submitted within a specified 25 timeframe; specifying that a county emergency 26 management agency is the final administrative 27 authority for comprehensive emergency management plans 28 prepared by assisted living facilities; requiring a 29 plan to include specified information and provisions, 30 including the acquisition by a specified date of an 31 alternate power source and a fuel supply sufficient to 32 operate the alternate power source; providing for 33 evacuation and offsite sheltering or use of an 34 alternate power source in a declared state of 35 emergency before such date; requiring the facility to 36 submit proof of approval of the plan and a certain 37 consumer-friendly summary to the Agency for Health 38 Care Administration within a specified timeframe; 39 requiring the plan to be available for review upon 40 request by the agency, the Division of Emergency 41 Management, and facility residents and their 42 representatives; requiring the facility to cooperate 43 with the agency, the division, and the county 44 emergency management agency to relocate residents 45 displaced by the emergency event under certain 46 circumstances; authorizing the agency, in consultation 47 with the division, to adopt rules to implement 48 provisions relating to comprehensive emergency 49 management planning; providing an effective date. 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. Paragraph (b) of subsection (1) of section 54 429.41, Florida Statutes, is amended to read: 55 429.41 Rules establishing standards.— 56 (1) It is the intent of the Legislature that rules 57 published and enforced pursuant to this section shall include 58 criteria by which a reasonable and consistent quality of 59 resident care and quality of life may be ensured and the results 60 of such resident care may be demonstrated. Such rules shall also 61 ensure a safe and sanitary environment that is residential and 62 noninstitutional in design or nature. It is further intended 63 that reasonable efforts be made to accommodate the needs and 64 preferences of residents to enhance the quality of life in a 65 facility. Uniform firesafety standards for assisted living 66 facilities shall be established by the State Fire Marshal 67 pursuant to s. 633.206. The agency, in consultation with the 68 department, may adopt rules to administer the requirements of 69 part II of chapter 408. In order to provide safe and sanitary 70 facilities and the highest quality of resident care 71 accommodating the needs and preferences of residents, the 72 department, in consultation with the agency, the Department of 73 Children and Families, and the Department of Health, shall adopt 74 rules, policies, and procedures to administer this part, which 75 must include reasonable and fair minimum standards in relation 76 to: 77
(b) The preparation and annual update of a comprehensive78 emergency management plan. Such standards must be included in79 the rules adopted by the department after consultation with the80 Division of Emergency Management. At a minimum, the rules must81 provide for plan components that address emergency evacuation82 transportation; adequate sheltering arrangements; postdisaster83 activities, including provision of emergency power, food, and84 water; postdisaster transportation; supplies; staffing;85 emergency equipment; individual identification of residents and86 transfer of records; communication with families; and responses87 to family inquiries. The comprehensive emergency management plan88 is subject to review and approval by the local emergency89 management agency. During its review, the local emergency90 management agency shall ensure that the following agencies, at a91 minimum, are given the opportunity to review the plan: the92 Department of Elderly Affairs, the Department of Health, the93 Agency for Health Care Administration, and the Division of94 Emergency Management. Also, appropriate volunteer organizations95 must be given the opportunity to review the plan. The local96 emergency management agency shall complete its review within 6097 days and either approve the plan or advise the facility of98 necessary revisions.99 Section 2. Section 429.43, Florida Statutes, is created to 100 read: 101 429.43 Comprehensive emergency management planning.— 102 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 103 that assisted living facilities plan and prepare for, respond 104 to, and recover from natural or manmade disasters and other 105 hazards in a manner that allows for the reasonable protection of 106 the health, safety, and welfare of residents. 107 (2) PREEMPTION.—The regulation of comprehensive emergency 108 management planning for assisted living facilities resides with 109 the state and preempts any local ordinance or code on the 110 subject. 111 (3) PLAN APPROVAL BY COUNTY EMERGENCY MANAGEMENT AGENCY.— 112 (a) Before a facility may be issued a license under this 113 part, it must submit a comprehensive emergency management plan 114 to the county emergency management agency. The plan need not be 115 approved by the county emergency management agency before 116 licensure is granted. If ownership of a licensed facility is 117 transferred, the new licensee must submit a comprehensive 118 emergency management plan to the county emergency management 119 agency within 30 days after obtaining the license. 120 (b) A facility’s comprehensive emergency management plan is 121 subject to annual review and approval by the county emergency 122 management agency. The county emergency management agency shall 123 complete its review within 60 business days after the submission 124 of a plan and either approve the plan or notify the facility of 125 any required corrections. If corrections are required, the 126 facility must respond and submit documentation of the required 127 corrections within 30 business days after receiving notification 128 of the corrections from the emergency management agency. 129 (c) The county emergency management agency is the final 130 administrative authority for comprehensive emergency management 131 plans prepared by assisted living facilities. The review and 132 approval of comprehensive emergency management plans is a 133 ministerial act, and a plan approved by the county emergency 134 management agency is considered to have met the requirements of 135 subsection (4). 136 (4) PLAN COMPONENTS.—A comprehensive emergency management 137 plan must: 138 (a) Include the following information: 139 1. Facility information, including name, address, telephone 140 number, licensee, license number, licensed bed capacity, and the 141 year the facility was constructed. 142 2. The name and contact information of the administrator 143 and any other individual responsible for the submission of the 144 plan. 145 3. An analysis of natural and manmade hazards that have the 146 potential to affect the facility and its residents, which must 147 include all of the following: 148 a. A resident census. 149 b. Any required care for residents who have a diagnosed 150 cognitive impairment or who require special equipment or have 151 special care needs. 152 c. Identification of the facility as being within a 153 hurricane evacuation zone or a flood zone. 154 d. Identification of the facility’s proximity to fixed 155 hazardous material facilities or nuclear power plants. 156 4. The name and contact information of the individual in 157 control of decisionmaking for the facility during an emergency 158 and his or her procedure to activate the emergency plan and 159 ensure adequate staffing during the emergency. 160 (b) Provide for: 161 1. A 72-hour supply of food, water, and essential supplies. 162 2. The acquisition of an alternate power source to be 163 maintained at the facility which can produce electricity and a 164 fuel supply sufficient to operate the alternate power source. 165 For facilities licensed before June 1, 2020, the alternate power 166 source must be acquired and maintained at the facility by June 167 1, 2020. 168 a. From June 1 through November 30, a facility with a 169 licensed capacity of 17 or more beds shall maintain onsite a 170 fuel supply sufficient to operate the alternate power source for 171 at least 72 hours, and a facility with a licensed capacity of 16 172 beds or fewer shall maintain onsite a fuel supply sufficient to 173 operate the alternate power source for at least 48 hours. 174 b. From December 1 through May 31, a fuel supply sufficient 175 to operate the alternate power source for at least 24 hours must 176 be available onsite, regardless of the licensed bed capacity. 177 c. A facility may use piped natural gas to satisfy the fuel 178 supply requirements in this subparagraph. 179 d. If a state of emergency is declared before June 1, 2020, 180 for an event that may affect primary electrical power delivery 181 for the facility, the facility may implement evacuation and 182 offsite sheltering procedures or obtain an alternate power 183 source and a fuel supply onsite in sufficient quantity to 184 operate the power source for 72 hours. The alternate power 185 source and fuel must be obtained within 48 hours after the 186 issuance of the state of emergency. This sub-subparagraph shall 187 expire on June 1, 2020. 188 3. In the event of the facility’s loss of primary 189 electrical power during a declared state of emergency, a plan to 190 maintain indoor air temperatures in specific areas of the 191 facility in accordance with the temperature ranges listed in s. 192 464 of the Florida Building Code. The plan must describe the 193 systems and equipment that will be used to maintain the air 194 temperature. The specific areas of the facility requiring such 195 temperature control may include common areas that allow 196 residents to congregate throughout the day. Residents are not 197 required to be relocated to controlled temperature areas. The 198 temperature requirements of this subparagraph may not be 199 construed to prohibit a facility from acting as a receiving 200 facility for evacuees in a declared state of emergency. 201 4. A plan to provide emergency lighting, power for life 202 sustaining medical equipment specific to resident need, 203 appropriate temperatures for medication requiring refrigeration, 204 and the production of ice. 205 5. Installation and maintenance of carbon monoxide alarms. 206 6. A plan for a facility that elects to share alternative 207 power resources, fuel, and resident space if the facility is 208 located on a single campus with other facilities under common 209 ownership and the resources are sufficient to support the 210 requirements of each facility’s residents. The plan must include 211 details on the sharing of resources and a clear description of 212 how residents will be relocated on the campus if relocation is 213 necessary. 214 7. In the event of a declared state of emergency, 215 procedures for communicating with the county emergency 216 management agency; procedures for how the safety liaison, 217 decisionmakers, and staff will receive notice of impending 218 threats and warnings; procedures for staff to report to work; 219 and a plan for a primary and alternate system for alerting 220 residents, resident representatives, and families of the 221 potential emergency and furnishing information about sheltering 222 or evacuation. 223 8. Identification of mutual aid agreements and a 224 description of the role of the facility as either the host 225 facility receiving evacuees or the evacuating facility seeking 226 shelter in another facility. 227 9. An evacuation and offsite sheltering plan that includes 228 identifying transportation arrangements; identifying primary and 229 secondary evacuation routes; time estimates for complete 230 evacuation; logistical support concerning resident records, 231 medications, food, water, and other necessities for a minimum 232 72-hour stay; accompanying staff; communication procedures 233 during the evacuation and offsite sheltering period; and 234 identification and tracking of evacuated residents and pets. 235 10. Procedures for reoccupation of the facility, including 236 communication with the county emergency management agency for 237 clearance to reoccupy; determination of the ability to resume 238 operations; transportation arrangements; and identification and 239 tracking of residents and pets. 240 11. Procedures for acting as a receiving shelter for 241 evacuees, including receiving procedures for arriving evacuees 242 and determination of whether life safety needs can be met; 243 identification and tracking of evacuees; sleeping arrangements; 244 logistical support concerning evacuee records, medications, 245 food, water, and other necessities for a minimum 72-hour stay; 246 staffing; and procedures for complying with s. 408.821(2). 247 12. Annual training for staff on roles before, during, and 248 after an emergency event, including: 249 a. A training schedule. 250 b. A plan for training new staff. 251 c. Training on operating and maintaining the alternate 252 power source and fuel supply. 253 d. Training on monitoring for signs of dehydration and 254 heat-related injury. 255 e. Training on obtaining medical intervention from 256 emergency services for residents whose life safety is in 257 jeopardy. 258 (5) CONSUMER-FRIENDLY SUMMARY.—Within 10 business days 259 after the approval of the comprehensive emergency management 260 plan, the facility must submit proof to the agency of the 261 approval and a consumer-friendly summary of the controlled 262 temperature requirement portion of the plan. The consumer 263 friendly summary must identify the alternate power source, the 264 equipment to be used to maintain the air temperature range, 265 identification of the area where the air temperature will be 266 controlled, and other equipment to be powered by the alternate 267 power source. 268 (6) REVIEW OF RECORDS.—The approved comprehensive emergency 269 management plan must be maintained in facility records and made 270 readily available for review upon request by the agency, the 271 Division of Emergency Management, and residents and resident 272 representatives. 273 (7) RELOCATION OF RESIDENTS.—If a facility cannot be 274 occupied or reoccupied safely after an emergency event, the 275 facility must cooperate with the agency, the Division of 276 Emergency Management, and the county emergency management agency 277 in relocating displaced residents. 278 (8) RULEMAKING.—The agency, in consultation with the 279 Division of Emergency Management, may adopt rules to implement 280 the requirements of this section. 281 Section 3. This act shall take effect upon becoming a law.