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Texas Health and Safety Code - HEALTH & SAFETY § 247.073. Emergency Preparedness and Contingency Operations Plan;  Temperature Regulation

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1) “Area of refuge” means a climate-controlled area in an assisted living facility that is designated for use during a power outage, or other emergency that does not require the evacuation of the entire facility, to provide safety, care, and other resources to residents.

(2) “Bedfast resident” means an assisted living facility resident who:

(A) is unable to transfer out of bed and unable to turn and position themselves in bed;  and

(B) is unable to be transported by another person during an emergency.

(b) An assisted living facility shall adopt and implement an emergency preparedness and contingency operations plan that requires the facility to provide in the event of a power outage:

(1) for each assisted living facility resident other than a bedfast resident, a climate-controlled area of refuge with at least 15 square feet per resident;

(2) for each bedfast resident, a climate-controlled room;  and

(3) notice to the commission of an unplanned interruption or loss for more than 12 hours of electric utility service.

(c) An emergency preparedness and contingency operations plan adopted in accordance with this section must require an assisted living facility to maintain a temperature between 68 and 82 degrees Fahrenheit for:

(1) each area of refuge designated for assisted living facility residents;  and

(2) each climate-controlled room for bedfast residents.

(d) The executive commissioner shall adopt rules to enforce this section.

(e) The commission shall establish construction and licensure standards for assisted living facilities for which a permit is issued to begin construction after September 1, 2026, including standards for:

(1) backup power systems, such as the integration of multiple backup power sources or the use of a generator connection box to connect a building of the facility to a backup power source;  and

(2) the evacuation of assisted living facility residents to an area of refuge or climate-controlled room, as applicable, in emergencies.

(f) An assisted living facility on request shall make the emergency preparedness and contingency operations plan required by this section available to the commission in the form and manner prescribed by the commission.

(g) An assisted living facility shall include in the emergency preparedness and contingency operations plan adopted in accordance with this section its policies and information on:

(1) building equipment, if any, including the location of and type of on-site generator equipment or backup power source;  and

(2) assisted living facility residents, including bedfast residents and residents who are dependent on electrically powered medical equipment.

(h) On request, an assisted living facility shall provide a summary of the facility's emergency preparedness and contingency operations plan adopted in accordance with this section to a facility resident or a resident's family member.

(i) The commission may assess a penalty in accordance with Subchapter C against an assisted living facility found in violation of this section.

(j) To the extent of any conflict, this section and rules adopted under this section preempt and supersede any ordinance, resolution, rule, or other regulation adopted by a political subdivision of this state relating to emergency preparedness and contingency operations planning for assisted living facility residents during an emergency.

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Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 247.073. Emergency Preparedness and Contingency Operations Plan;  Temperature Regulation - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-247-073/

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