Regular Session 2019-2020 House Bill 2292 P.N. 3302

PRINTER'S NO. 3302

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2292

Session of

2020

INTRODUCED BY HOHENSTEIN, BROWN, DRISCOLL, CEPHAS, CIRESI,

CONKLIN, T. DAVIS, DONATUCCI, FREEMAN, GAINEY, HARKINS, HILL-

EVANS, KIM, KINSEY, KOSIEROWSKI, KRUEGER, McCARTER, MERSKI,

NEILSON, RAVENSTAHL, SANCHEZ, ULLMAN, VITALI, YOUNGBLOOD,

HOWARD AND ROEBUCK, FEBRUARY 18, 2020

REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 18, 2020

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.

"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.

"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

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.

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(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

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

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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. Duties of the department or appropriate agency.

(a) Approval.--The department or other 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.

shall collaborate to promulgate uniform regulations to carry out

and enforce the provisions of this act.

Section 4. Penalty for noncompliance.

(a) Suspension of license.--The department or appropriate

agency may suspend a facility's license for failure to comply

with the requirements of this act.

(b) Civil penalty.--The following apply:

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(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 other 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:

(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 other 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.

penalty or if a person fails to pay all or a portion of the

penalty, the department or appropriate agency may refer the

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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

civil action for penalties under this section.

Section 5. Effective date.

This act shall take effect in 60 days.

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