SB449: SB449 Regulation of Hospitals; certain long-term care facilities to acquire and maintain sufficient emergency and standby power systems; require

26 LC 52 0876 Senate Bill 449 By: Senators Mallow of the 2nd, Howard of the 35th, Jackson of the 41st, Kemp of the 38th and Harbison of the 15th A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Cod e of Georgia Annotated,1 relating to regulation of hospitals and related institutions, so as to require certain long-term2 care facilities to acquire and maintain sufficient emergency an d standby power systems to3 ensure the provision of certain care and services for residents at such facilities; to provide for4 definitions; to provide for the Department of Community Health and the office of Safety Fire5 Commissioner to coordinate inspection and enforcement; to provide for a grant program; to6 provide priority to rural counties; to provide for related matters; to provide for an effective7 date; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Article 1 of Chapter 7 of Title 31 of the Official Code of Geor gia Annotated, relating to11 regulation of hospitals and related institutions, is amended in Code Section 31-7-3, relating12 to requirements for permits to operate institutions, by adding new subsections to read as13 follows:14 "(e)(1) As used in of this Code section, the term:15 (A) 'Emergency and standby power system' means:16 S. B. 449 - 1 - 26 LC 52 0876 (i) An on-site operational backup generator and an on-site supply of fuel sufficient17 to sustain such generator; or18 (ii) An alternate power source approved by the department by rule or regulation.19 (B) 'Long-term care facility' means any skilled nursing home, intermediate care home,20 assisted living community, or personal care home subject to reg ulation and licensure21 by the department that uses a building that is two or more stor ies in height as a22 residence for persons receiving care at such facility and has a minimum of 25 beds.23 (C) 'Rural county' means a county in this state that has a population of less than 50,00024 according to the United States decennial census of 2020 or any future such census;25 provided, however, that, for counties which contain a military base or installation, the26 military personnel and their dependents living in such county shall be excluded from27 the total population of such county for purposes of this definition.28 (2) On and after January 1, 2027, the department shall require any long-term care facility29 to acquire and maintain an emergency and standby power system s ufficient to ensure30 continuity of operation for not less than 96 hours, including, but not limited to, providing31 power to safe egress, emergency lighting, life support equipment, and temperature control32 for the protection of resident health and safety.33 (3) The department and the office of Safety Fire Commissioner shall coordinate34 inspection and enforcement to ensure compliance with the provisions of this subsection.35 (f) Subject to appropriations by the General Assembly or other available funding, the36 department shall establish a grant program to provide funding to long-term care facilities37 for the purpose of acquiring, installing, or both acquiring and installing emergency and38 standby power systems to ensure compliance with the provisions of subsection (e) of this39 Code section. The department, in consultation with the office of Safety Fire40 Commissioner, shall establish grant criteria and make award decisions; provided, however,41 that, to the greatest extent possible, priority shall be given to applications for long-term42 S. B. 449 - 2 - 26 LC 52 0876 care facilities located in rural counties. The department shall be authorized to establish the43 grant amount awarded to each recipient on a case-by-case basis."44 SECTION 2.45 This Act shall become effective upon its approval by the Governor or upon its becoming law46 without such approval.47 SECTION 3.48 All laws and parts of laws in conflict with this Act are repealed.49 S. B. 449 - 3 -