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SB-1207 Skilled nursing facilities: backup power system.(2019-2020)

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Date Published: 09/02/2020 09:00 PM
SB1207:v95#DOCUMENT

Enrolled  September 02, 2020
Passed  IN  Senate  August 31, 2020
Passed  IN  Assembly  August 30, 2020
Amended  IN  Assembly  August 25, 2020
Amended  IN  Assembly  August 06, 2020
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, 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 an alternative source of power to protect resident health and safety for no less than 96 hours during any type of power outage that complies with specified federal requirements, as provided.
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 an alternative source of power to protect resident health and safety for no less than 96 hours during any type of power outage.
(c) Alternative sources of power shall comply with applicable 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.
(d) Consistent with federal standards, facilities that use a generator shall maintain sufficient fuel onsite to maintain generator operation for no less than 96 hours or make arrangements for fuel delivery for an emergency event. If fuel is to be delivered during an emergency event, the facility shall ensure that fuel will be available with no delays.