PRINTER'S NO. 881
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
890
Session of
2021
INTRODUCED BY HOHENSTEIN, BOBACK, CIRESI, DEASY, DRISCOLL, HILL-
EVANS, HOWARD, ISAACSON, NEILSON, O'MARA, SANCHEZ,
SHUSTERMAN, SIMS AND WEBSTER, MARCH 15, 2021
REFERRED TO COMMITTEE ON HEALTH, MARCH 15, 2021
AN ACT
Establishing generator requirements for long-term care nursing
facilities, assisted living residences, nursing homes,
personal care homes and hospices; providing for powers and
duties of the Department of Health and other State agencies;
and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Appropriate agency." An agency authorized to license or
otherwise regulate a facility in this Commonwealth, including,
but not limited to, the Department of Human Services.
"Comfortable and safe temperature level." The ambient
temperature in a range that minimizes residents' susceptibility
to loss of body heat or susceptibility to high indoor
temperatures.
"COVID-19." The novel coronavirus disease identified as an
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infectious disease caused by severe acute respiratory syndrome
coronavirus 2 that was first identified in December 2019.
"Department." The Department of Health of the Commonwealth.
"Facility." The term includes:
(1) A hospice and a long-term care nursing facility as
those terms are defined in section 802.1 of the act of July
19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
(2) An assisted living residence, a nursing home and a
personal care home as those terms are defined in section 1001
of the act of June 13, 1967 (P.L.31, No.21), known as the
Human Services Code.
"Infectious agent." Any microorganism, such as a virus,
bacterium, fungus, protozoan or parasite, that is capable of
being communicated by invasion and multiplication in the human
body and capable of causing disease.
"Infectious disease." A disease caused by an infectious
agent which is not normally found in the human body, which can
be transmitted, directly or indirectly, from one individual to
another and which is capable of causing death or disability. The
term shall include any infectious disease caused by an
infectious agent which can be transmitted from an animal or
insect to humans.
"Power outage." A short-term or long-term electric power
loss in a given area or section of the electric transmission
grid that could affect a single home, building or larger
geographic region.
Section 2. Generator acquisition plan required.
(a) General rule.--Notwithstanding any other provision of
law or regulation, within 90 days of the effective date of this
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section, each facility shall provide to the department or the
appropriate agency, in writing, a detailed plan. The plan must:
(1) Demonstrate the acquisition of:
(i) A generator or sufficient generators to ensure
that the ambient temperature in all areas of the facility
accessible to residents, employees and visitors is
maintained at a comfortable and safe temperature level of
not less than 71 degrees Fahrenheit nor more than 80
degrees Fahrenheit in the event of a power outage.
(ii) A sufficient fuel supply to ensure that in the
event of a power outage, adequate fuel will be available
for the continual operation of the generator or
generators.
(iii) The services necessary to install, maintain
and periodically service or test the generator or
generators and any other associated equipment to ensure
safe and efficient operation of the generator or
generators and the maintenance and storage of the fuel
supply.
(2) Provide the time-frame for acquisition and
installation of a generator or sufficient generators in
accordance with paragraph (1).
(3) Outline the policies and procedures that will be
instituted to ensure the health, safety and comfort of
residents of the facility in the event of a power outage.
(4) Identify the employee or employees designated by the
facility to notify the facility administrator, physician or
any other official or employee of the facility of a power
outage at the onset of the power outage or other emergency.
Notification under this paragraph shall be made within 30
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minutes of the onset of a power outage or emergency.
(5) Identify available sites within or outside the
facility where residents may be relocated if a comfortable
and safe temperature level in the facility cannot be
maintained and the situation presents a threat to the health
and safety of the residents.
(6) Outline any existing agreement or plan for emergency
situations, including, but not limited to, an agreement or
plan for the provision of emergency services and repairs in
the event of a power outage or an electrical, heating,
ventilation or air conditioning failure or malfunction.
(7) Detail policies and procedures ensuring the
effective and immediate activation and operation of the
generator or generators and the maintenance of an adequate
fuel supply required for their efficient and continual
operation during a power outage or other failure.
(8) Include any other information required by the
department.
(b) Implementation of plan.--Each facility's plan shall
become effective and implemented within 60 days of receipt of
approval of the plan from the department or other appropriate
agency.
Section 3. Infectious disease outbreak.
In the event of a proclamation of a disaster emergency issued
by the Governor under 35 Pa.C.S. ยง 7301(a) (relating to general
authority of the Governor), as the result of an outbreak of an
infectious disease, such as COVID-19, the department or an
appropriate agency shall require a separate generator
acquisition plan for any separate facility used to house
residents.
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Section 4. Duties of the department or appropriate agency.
(a) Approval.--The department or an appropriate agency shall
approve each facility's plan within 90 days of receipt of the
plan unless the department determines that additional time is
necessary for a facility to implement its plan. Additional time
under this subsection may not exceed 30 days.
(b) Inspections.--The department or appropriate agency shall
conduct periodic inspections of each facility to ensure
compliance with this act. The inspections may be conducted
during any existing inspection requirement provided under law,
during an annual license renewal process or during the initial
application for licensure as determined appropriate by the
department or appropriate agency.
(c) Regulations.--The department and appropriate agencies
shall collaborate to promulgate uniform regulations to carry out
and enforce the provisions of this act.
Section 5. Penalty for noncompliance.
(a) Suspension of license.--The department or an appropriate
agency may suspend a facility's license for failure to comply
with the requirements of this act.
(b) Civil penalty.--The following apply:
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of a provision
of this act or a rule or regulation adopted, order issued or
plan approved by the department or appropriate agency under
this act, the department or appropriate agency may assess a
civil penalty of not more than $1,000 for the first day of
each offense and $500 for each additional day of continuing
violation. The factors for consideration in determining the
amount of the penalty are as follows:
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(i) The gravity of the violation.
(ii) The potential harm to the residents of the
facility and the residents' families.
(iii) The financial impact and potential effect on
first responders and other emergency services providers.
(iv) The willfulness of the violation.
(v) Previous violations related to the health and
safety of facility residents.
(vi) The economic benefit to the facility for
failure to comply.
(2) If the department or appropriate agency finds that a
violation did not cause harm to the health and safety or an
adverse financial impact on first responders or other
emergency services providers, the department may issue a
warning in lieu of assessing a penalty if the owner or
operator of the facility, upon notice, takes immediate action
to resolve the violation and comply with the requirements of
this act.
(c) Collection.--If a facility is unable to pay the civil
penalty or if a person fails to pay all or a portion of the
penalty, the department or appropriate agency may refer the
matter to the Office of General Counsel or the Office of
Attorney General, which shall institute an action in the
appropriate court to recover the civil penalty. Any penalty
assessed shall act as a lien on the property of the person
against whom the penalty has been assessed.
(d) Limitation of liability.--If a person is fully and
properly implementing a plan under section 2, as approved by the
department or appropriate agency, the implementation shall be
given appropriate consideration as a mitigating factor in any
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civil action for penalties under this section.
Section 6. Effective date.
This act shall take effect in 60 days.
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