Bill Text: TX SB1876 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to emergency planning for the continued treatment and safety of end stage renal disease facility patients.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1876 Detail]
Download: Texas-2021-SB1876-Enrolled.html
S.B. No. 1876 |
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relating to emergency planning for the continued treatment and | ||
safety of end stage renal disease facility patients. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 251, Health and Safety | ||
Code, is amended by adding Sections 251.016 and 251.017 to read as | ||
follows: | ||
Sec. 251.016. EMERGENCY PREPAREDNESS AND CONTINGENCY | ||
OPERATIONS PLANNING. (a) In this section and Section 251.017, | ||
"emergency" means an incident likely to threaten the health, | ||
welfare, or safety of end stage renal disease facility patients or | ||
staff or the public, including a fire, equipment failure, power | ||
outage, flood, interruption in utility service, medical emergency, | ||
or natural or other disaster. | ||
(b) Each end stage renal disease facility shall adopt a | ||
written emergency preparedness and contingency operations plan to | ||
address the provision of care during an emergency. The plan must: | ||
(1) be updated annually and approved by the facility's | ||
leadership each time the plan is updated; | ||
(2) include procedures for notifying each of the | ||
following entities as soon as practicable regarding the closure or | ||
reduction in hours of operation of the facility due to an emergency: | ||
(A) the department; | ||
(B) each hospital with which the facility has a | ||
transfer agreement; | ||
(C) the trauma service area regional advisory | ||
council that serves the geographic area in which the facility is | ||
located; and | ||
(D) each applicable local emergency management | ||
agency; | ||
(3) except as provided by Subsection (d), require the | ||
facility to execute a contract with another end stage renal disease | ||
facility located within a 100-mile radius of the facility | ||
stipulating that the other end stage renal disease facility will | ||
provide dialysis treatment to facility patients who are unable to | ||
receive scheduled dialysis treatment due to the facility's closure | ||
or reduction in hours; and | ||
(4) include a documented patient communications plan | ||
that includes procedures for notifying a patient when that | ||
patient's scheduled dialysis treatment is interrupted. | ||
(c) As part of the emergency preparedness and contingency | ||
operations plan adopted under Subsection (b), each end stage renal | ||
disease facility shall develop and the facility's leadership must | ||
approve a continuity of care plan for the provision of dialysis | ||
treatment to facility patients during an emergency. The facility | ||
must provide a copy of the plan to each patient before providing or | ||
scheduling dialysis treatment. The plan must include: | ||
(1) procedures for distributing written materials to | ||
facility patients that specifically describe the facility's | ||
emergency preparedness and contingency operations plan adopted | ||
under Subsection (b); and | ||
(2) detailed procedures, based on the facility's | ||
patient population, on the facility's contingency plans, including | ||
transportation options, for patients to access dialysis treatment | ||
at each end stage renal disease facility with which the facility has | ||
an agreement or made advance preparations to ensure that the | ||
facility's patients have the option to receive dialysis treatment. | ||
(d) An end stage renal disease facility is not required to | ||
contract with another end stage renal disease facility under | ||
Subsection (b)(3) if: | ||
(1) no other end stage renal disease facility is | ||
located within a 100-mile radius of the facility; and | ||
(2) the facility obtains written approval from the | ||
department exempting the facility from that requirement. | ||
(e) On request, an end stage renal disease facility shall | ||
provide the facility's emergency preparedness and contingency | ||
operations plan adopted under Subsection (b) to: | ||
(1) the department; | ||
(2) each hospital with which the facility has a | ||
transfer agreement; | ||
(3) the trauma service area regional advisory council | ||
that serves the geographic area in which the facility is located; | ||
and | ||
(4) each applicable local emergency management | ||
agency. | ||
(f) Each end stage renal disease facility shall provide | ||
annual training to facility staff on the facility's emergency | ||
preparedness and contingency operations plan under this section. | ||
(g) Each end stage renal disease facility shall annually | ||
contact a local and state disaster management representative, an | ||
emergency operations center, and a trauma service area regional | ||
advisory council to: | ||
(1) request comments on whether the emergency | ||
preparedness and contingency operations plan adopted by the | ||
facility under Subsection (b) should be modified; and | ||
(2) ensure that local agencies, regional agencies, | ||
state agencies, and hospitals are aware of the facility, the | ||
facility's policy on provision of life-saving treatment, the | ||
facility's patient population and potential transportation needs, | ||
and the anticipated number of patients affected. | ||
Sec. 251.017. EMERGENCY CONTINGENCY PLAN FOR POWER AND | ||
POTABLE WATER. (a) Each end stage renal disease facility shall | ||
adopt an emergency contingency plan for the continuity of essential | ||
building systems during an emergency. A plan adopted by a facility | ||
under this subsection must meet the requirements described by | ||
Subsection (b), (d), or (e). | ||
(b) Unless the facility adopts a plan described by | ||
Subsection (d) or (e), an end stage renal disease facility must | ||
adopt an emergency contingency plan as required by Subsection (a) | ||
under which the facility is required: | ||
(1) to have an on-site emergency generator that: | ||
(A) has a type 2 essential electrical | ||
distribution system in accordance with the National Fire Protection | ||
Association 99, Section 4.5, and the National Fire Protection | ||
Association 110; | ||
(B) is installed, tested, and maintained in | ||
accordance with the National Fire Protection Association 99, | ||
Section 4.5.4, and the National Fire Protection Association 110; | ||
and | ||
(C) is kept at all times not less than 10 feet | ||
from the electrical transformer; | ||
(2) except as provided by Subsection (c), to maintain | ||
an on-site fuel source that contains enough fuel capacity to power | ||
the on-site generator for not less than 24 hours, as determined by | ||
the electrical load demand on the emergency generator for that | ||
period; | ||
(3) to maintain a sufficient quantity of potable water | ||
on-site to operate the facility's water treatment system for not | ||
less than 24 hours; and | ||
(4) to maintain a water valve connection that allows | ||
an outside vendor to provide potable water to operate the | ||
facility's water treatment system. | ||
(c) An end stage renal disease facility that adopts an | ||
emergency contingency plan under Subsection (b) is not required to | ||
maintain an on-site fuel source described by Subsection (b)(2) if | ||
the facility's on-site emergency generator uses a vapor liquefied | ||
petroleum gas system with a dedicated fuel supply. | ||
(d) Unless the facility adopts a plan described by | ||
Subsection (b) or (e), an end stage renal disease facility must | ||
adopt an emergency contingency plan as required by Subsection (a) | ||
under which the facility is required: | ||
(1) to maintain sufficient resources to provide on | ||
demand or to execute a contract with an outside supplier or vendor | ||
to provide on demand: | ||
(A) a portable emergency generator that: | ||
(i) has an electrical transfer switch with | ||
a plug-in device to provide emergency power for patient care areas | ||
and complies with National Fire Protection Association 99, Section | ||
4.5.2.2.2; and | ||
(ii) has a water valve connection that | ||
allows for the use of potable water to operate the facility's water | ||
treatment system; | ||
(B) an alternate power source for light, | ||
including battery-powered light, that: | ||
(i) is separate and independent from the | ||
normal electrical power source; | ||
(ii) is capable of providing light for not | ||
less than one and a half hours; | ||
(iii) is capable of providing a sufficient | ||
amount of light to allow for the safe evacuation of the building; | ||
and | ||
(iv) is maintained and tested not less than | ||
four times each year; and | ||
(C) potable water; | ||
(2) to implement the plan when the facility loses | ||
electrical power due to a natural or man-made event during which the | ||
electrical power may not be restored within 24 hours; and | ||
(3) to contact the outside supplier or vendor with | ||
which the facility contracts under Subdivision (1), if applicable, | ||
not later than 36 hours after the facility loses electrical power. | ||
(e) Unless the facility adopts a plan described by | ||
Subsection (b) or (d), an end stage renal disease facility must | ||
adopt an emergency contingency plan as required by Subsection (a) | ||
under which the facility is required to execute a contract with | ||
another end stage renal disease facility that is located within a | ||
100-mile radius of the facility stipulating that the other end | ||
stage renal disease facility will provide emergency contingency | ||
care to the facility's patients. The other end stage renal disease | ||
facility with which the facility contracts must have an alternate | ||
power source for light, including battery-powered light, that: | ||
(1) is separate and independent from the normal | ||
electrical power source; | ||
(2) is capable of providing light for not less than one | ||
and a half hours; | ||
(3) is capable of providing a sufficient amount of | ||
light to allow for the safe evacuation of the building; and | ||
(4) is maintained and tested not less than four times | ||
each year. | ||
SECTION 2. Section 773.112, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) Consistent with rules adopted under this section, the | ||
executive commissioner by rule shall require that each applicable | ||
emergency medical services medical director approve protocols that | ||
give preference to the emergency transfer of a dialysis patient | ||
from the patient's location directly to an outpatient end stage | ||
renal disease facility during a declared disaster. For purposes of | ||
this subsection: | ||
(1) "Disaster" has the meaning assigned by Section | ||
418.004, Government Code. The term includes a disaster declared | ||
by: | ||
(A) the president of the United States under the | ||
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 | ||
U.S.C. Section 5121 et seq.); and | ||
(B) the governor under Section 418.014, | ||
Government Code. | ||
(2) "End stage renal disease facility" has the meaning | ||
assigned by Section 251.001. | ||
SECTION 3. Sections 38.072(a) and (b), Utilities Code, are | ||
amended to read as follows: | ||
(a) In this section: | ||
(1) "Assisted living facility" has the meaning | ||
assigned by Section 247.002, Health and Safety Code. | ||
(2) "End stage renal disease facility" has the meaning | ||
assigned by Section 251.001, Health and Safety Code. | ||
(3) "Extended power outage" has the meaning assigned | ||
by Section 13.1395, Water Code. | ||
(4) [ |
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by Section 142.001, Health and Safety Code. | ||
(5) [ |
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by Section 242.301, Health and Safety Code. | ||
(b) The commission by rule shall require an electric utility | ||
to give to the following the same priority that it gives to a | ||
hospital in the utility's emergency operations plan for restoring | ||
power after an extended power outage: | ||
(1) a nursing facility; | ||
(2) an assisted living facility; [ |
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(3) an end stage renal disease facility; and | ||
(4) a facility that provides hospice services. | ||
SECTION 4. Section 13.1395, Water Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) An emergency preparedness plan submitted under | ||
Subsection (b) may provide for the prioritization of water | ||
restoration to an end stage renal disease facility, as that term is | ||
defined by Section 251.001, Health and Safety Code, in the same | ||
manner as an affected utility restores service to a hospital | ||
following an extended power outage. The affected utility must | ||
restore the service in accordance with: | ||
(1) the facility's needs; | ||
(2) the affected community's needs; and | ||
(3) the characteristics of the geographic area in | ||
which water is to be restored. | ||
SECTION 5. As soon as practicable after the effective date | ||
of this Act: | ||
(1) each end stage renal disease facility shall | ||
develop and implement the plans required under Sections 251.016 and | ||
251.017, Health and Safety Code, as added by this Act; | ||
(2) the executive commissioner of the Health and Human | ||
Services Commission shall adopt the rules required by Section | ||
773.112(d), Health and Safety Code, as added by this Act; and | ||
(3) the Public Utility Commission of Texas shall adopt | ||
the rules required by Section 38.072, Utilities Code, as amended by | ||
this Act. | ||
SECTION 6. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1876 passed the Senate on | ||
May 5, 2021, by the following vote: Yeas 31, Nays 0; and that the | ||
Senate concurred in House amendment on May 27, 2021, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1876 passed the House, with | ||
amendment, on May 23, 2021, by the following vote: Yeas 142, | ||
Nays 3, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |