Florida Senate - 2018 SB 372 By Senator Garcia 36-00536C-18 2018372__ 1 A bill to be entitled 2 An act relating to post-hurricane relief for residents 3 of health care facilities; creating s. 366.042, F.S.; 4 requiring the Florida Public Service Commission to 5 ensure that public utilities effectively prioritize 6 the restoration of services to certain health care 7 facilities in the event of emergencies; amending s. 8 400.19, F.S.; requiring the Agency for Health Care 9 Administration to conduct an annual inspection of each 10 licensed nursing home facility to ensure that the 11 facility is in possession of the required emergency 12 power source and fuel; amending s. 400.23, F.S.; 13 requiring the agency, in consultation with the 14 Department of Health and the Department of Elderly 15 Affairs, to adopt and enforce rules requiring each 16 facility to have an emergency power source and a 17 supply of fuel which meet certain criteria; amending 18 s. 429.34, F.S.; requiring the agency to conduct an 19 annual inspection of each licensed assisted living 20 facility to ensure that the facility is in possession 21 of the required emergency power source and fuel; 22 amending s. 429.41, F.S.; requiring the Department of 23 Elderly Affairs, in consultation with the agency, the 24 Department of Children and Families, and the 25 Department of Health, to adopt and enforce rules 26 requiring each facility to have an emergency power 27 source and a supply of fuel which meet certain 28 criteria; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 366.042, Florida Statutes, is created to 33 read: 34 366.042 Power restoration priority.—The commission shall 35 ensure that public utilities have effectively prioritized, in 36 the event of an emergency, the restoration of services to 37 critical medical facilities with at least 50 residents, 38 including nursing homes licensed under part II of chapter 400 39 and assisted living facilities licensed under part I of chapter 40 429. 41 Section 2. Subsection (5) is added to section 400.19, 42 Florida Statutes, to read: 43 400.19 Right of entry and inspection.— 44 (5) Each May, before the start of hurricane season, the 45 agency shall conduct an announced inspection of each facility to 46 ensure that the facility has an operational emergency power 47 source and fuel as required in s. 400.23(2)(d) and by rule. 48 Section 3. Paragraph (d) of subsection (2) of section 49 400.23, Florida Statutes, is amended to read: 50 400.23 Rules; evaluation and deficiencies; licensure 51 status.— 52 (2) Pursuant to the intention of the Legislature, the 53 agency, in consultation with the Department of Health and the 54 Department of Elderly Affairs, shall adopt and enforce rules to 55 implement this part and part II of chapter 408, which shall 56 include reasonable and fair criteria in relation to: 57 (d) The equipment essential to the health and welfare of 58
theresidents, including an operational emergency power source 59 and a supply of fuel sufficient to sustain the emergency power 60 source for at least 4 days during a power outage. A facility may 61 contract with a company that is able to timely supply an 62 emergency power source or supply of fuel when requested by the 63 facility, or may store an emergency power source or supply of 64 fuel on site. The emergency power source must provide enough 65 energy to: 66 1. Consistently maintain an ambient air temperature of 81° 67 F. or less within one or more areas of the facility having 68 enough space to safely hold all of the facility’s residents; and 69 2. Allow for the refrigeration and standard preparation of 70 food and beverages that are served by the facility to its 71 residents and for the storage of ice. 72 Section 4. Section 429.34, Florida Statutes, is amended to 73 read: 74 429.34 Right of entry and inspection.— 75 (1) In addition to the requirements of s. 408.811, a duly 76 designated officer or employee of the department, the Department 77 of Children and Families, the Medicaid Fraud Control Unit of the 78 Office of the Attorney General, the state or local fire marshal, 79 or a representative of the State Long-Term Care Ombudsman 80 Program or a member of the state or local long-term care 81 ombudsman council has the right to enter unannounced upon and 82 into the premises of any facility licensed under this part in 83 order to determine the state of compliance with this part, part 84 II of chapter 408, and applicable rules. Data collected by the 85 State Long-Term Care Ombudsman Program, local long-term care 86 ombudsman councils, or the state or local advocacy councils may 87 be used by the agency in investigations involving violations of 88 regulatory standards. A person specified in this section who 89 knows or has reasonable cause to suspect that a vulnerable adult 90 has been or is being abused, neglected, or exploited shall 91 immediately report such knowledge or suspicion to the central 92 abuse hotline pursuant to chapter 415. 93 (2) The agency shall inspect each licensed assisted living 94 facility at least once every 24 months to determine compliance 95 with this chapter and related rules. If an assisted living 96 facility is cited for a class I violation or three or more class 97 II violations arising from separate surveys within a 60-day 98 period or due to unrelated circumstances during the same survey, 99 the agency must conduct an additional licensure inspection 100 within 6 months. 101 (3) Each May, before the start of hurricane season, the 102 agency shall conduct an announced inspection of each licensed 103 assisted living facility to ensure that the facility has an 104 operational emergency power source and fuel as required in s. 105 429.41(1)(a)4. and by rule. 106 Section 5. Paragraph (a) of subsection (1) of section 107 429.41, Florida Statutes, is amended to read: 108 429.41 Rules establishing standards.— 109 (1) It is the intent of the Legislature that rules 110 published and enforced pursuant to this section shall include 111 criteria by which a reasonable and consistent quality of 112 resident care and quality of life may be ensured and the results 113 of such resident care may be demonstrated. Such rules shall also 114 ensure a safe and sanitary environment that is residential and 115 noninstitutional in design or nature. It is further intended 116 that reasonable efforts be made to accommodate the needs and 117 preferences of residents to enhance the quality of life in a 118 facility. Uniform firesafety standards for assisted living 119 facilities shall be established by the State Fire Marshal 120 pursuant to s. 633.206. The agency, in consultation with the 121 department, may adopt rules to administer the requirements of 122 part II of chapter 408. In order to provide safe and sanitary 123 facilities and the highest quality of resident care 124 accommodating the needs and preferences of residents, the 125 department, in consultation with the agency, the Department of 126 Children and Families, and the Department of Health, shall adopt 127 rules, policies, and procedures to administer this part, which 128 must include reasonable and fair minimum standards in relation 129 to: 130 (a) The requirements for and maintenance of facilities, not 131 in conflict with chapter 553, relating to plumbing, heating, 132 cooling, lighting, ventilation, living space, and other housing 133 conditions, which will ensure the health, safety, and comfort of 134 residents suitable to the size of the structure. 135 1. Firesafety evacuation capability determination.—An 136 evacuation capability evaluation for initial licensure shall be 137 conducted within 6 months after the date of licensure. 138 2. Firesafety requirements.— 139 a. The National Fire Protection Association, Life Safety 140 Code, NFPA 101 and 101A, current editions, shall be used in 141 determining the uniform firesafety code adopted by the State 142 Fire Marshal for assisted living facilities, pursuant to s. 143 633.206. 144 b. A local government or a utility may charge fees only in 145 an amount not to exceed the actual expenses incurred by the 146 local government or the utility relating to the installation and 147 maintenance of an automatic fire sprinkler system in a licensed 148 assisted living facility structure. 149 c. All licensed facilities must have an annual fire 150 inspection conducted by the local fire marshal or authority 151 having jurisdiction. 152 d. An assisted living facility that is issued a building 153 permit or certificate of occupancy before July 1, 2016, may at 154 its option and after notifying the authority having 155 jurisdiction, remain under the provisions of the 1994 and 1995 156 editions of the National Fire Protection Association, Life 157 Safety Code, NFPA 101, and NFPA 101A. The facility opting to 158 remain under such provisions may make repairs, modernizations, 159 renovations, or additions to, or rehabilitate, the facility in 160 compliance with NFPA 101, 1994 edition, and may utilize the 161 alternative approaches to life safety in compliance with NFPA 162 101A, 1995 edition. However, a facility for which a building 163 permit or certificate of occupancy is issued before July 1, 164 2016, that undergoes Level III building alteration or 165 rehabilitation, as defined in the Florida Building Code, or 166 seeks to utilize features not authorized under the 1994 or 1995 167 editions of the Life Safety Code must thereafter comply with all 168 aspects of the uniform firesafety standards established under s. 169 633.206, and the Florida Fire Prevention Code, in effect for 170 assisted living facilities as adopted by the State Fire Marshal. 171 3. Resident elopement requirements.—Facilities are required 172 to conduct a minimum of two resident elopement prevention and 173 response drills per year. All administrators and direct care 174 staff must participate in the drills which shall include a 175 review of procedures to address resident elopement. Facilities 176 must document the implementation of the drills and ensure that 177 the drills are conducted in a manner consistent with the 178 facility’s resident elopement policies and procedures. 179 4. Emergency power sources for use during power outages. 180 Facilities are required to possess an operational emergency 181 power source and a supply of fuel sufficient to sustain the 182 emergency power source for at least 4 days during a power 183 outage. A facility may contract with a company that is able to 184 timely supply an emergency power source or supply of fuel when 185 requested by the facility, or may store an emergency power 186 source or supply of fuel on site. The emergency power source 187 must provide enough energy to: 188 a. Consistently maintain an ambient air temperature of 81° 189 F. or less within one or more areas of the facility having 190 enough space to safely hold all of the facility’s residents; and 191 b. Allow for the refrigeration and standard preparation of 192 food and beverages that are served by the facility to its 193 residents and for the storage of ice. 194 Section 6. This act shall take effect July 1, 2018.