Amended  IN  Senate  May 19, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1207

Introduced by Senator Jackson

February 20, 2020

An act to add Section 1418.22 to the Health and Safety Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 1207, as amended, Jackson. Skilled nursing facilities: backup power system.
The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license, inspect, and regulate long-term health care facilities, defined to include a skilled nursing facility. Existing regulations require a skilled nursing facility to have emergency planning, including an emergency lighting and power system. Under existing law, the department is required to enforce the requirements of the act and regulations promulgated under the act through citations and civil penalties.
This bill would require a skilled nursing facility to have a backup power system that maintains a safe temperature, as defined, within the skilled nursing facility and power to all critical systems to resident health and safety an alternative source of power to protect resident health and safety for no less than 96 hours during any type of power outage. The bill would also require a backup power system to have the ability to be refueled after 96 hours if a power outage is still in effect. outage that complies with specified federal requirements.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1418.22 is added to the Health and Safety Code, to read:

1418.22.
 (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during power outages that may result from a public safety power shutoff, an emergency, a natural disaster, or other cause.
(b) A skilled nursing facility shall have a backup power system that maintains a safe temperature within the skilled nursing facility and power to all critical systems for resident health and safety an alternative source of power to protect resident health and safety for no less than 96 hours during any type of power outage. outage that complies with federal requirements for long-term care facilities, including, but not limited to, Sections 483.73 and 483.90 of Title 42 of the Code of Federal Regulations. These requirements include maintaining a safe temperature for residents and staff.

(c)A backup power system shall be installed, tested, and maintained in compliance with all applicable federal, state, and local requirements.

(d)A backup power system shall have the ability to be refueled after 96 hours if a power outage is still in effect to maintain a safe temperature within the skilled nursing facility and power to all critical systems for resident health and safety.

(e)For purposes of this section, “critical systems” include, but are not limited to, all of the following:

(1)Lighting.

(2)Air conditioning, heating, and ventilation.

(3)Oxygen, life-support systems, and electric-powered medical devices or equipment that are critical to resident health or safety.

(4)Elevators.

(5)Refrigeration systems for food and medicine.

(6)Electronic medical records.

(7)Fire detection, alarm, and extinguishing systems.

(8)Sewage and waste disposal.

(f)For purposes of this section, “safe temperature” means no more than 85 degrees Fahrenheit and no less than 65 degrees Fahrenheit.