Bill Text: FL S0372 | 2018 | Regular Session | Introduced


Bill Title: Post-hurricane Relief for Residents of Health Care Facilities

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-03-10 - Died in Health Policy [S0372 Detail]

Download: Florida-2018-S0372-Introduced.html
       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  the residents, 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.

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