Current through Register Vol. 50, No. 9, September 20, 2024
A. The
nursing facility shall be designed, constructed, equipped, and maintained to
protect the health and safety of residents, personnel, and the
public.
B. The nursing facility
shall provide a safe, clean, orderly, homelike environment.
C. If the nursing facility determines that a
licensing provision of this Subchapter B prohibits the provision of a culture
change environment, the nursing facility may submit a written waiver request to
the Health Standards Section (HSS) of the Department of Health (LDH), asking
that the provision be waived and providing an alternative to the licensing
provision of this subchapter. The department shall consider such written waiver
request, shall consider the health and safety concerns of such request and the
proposed alternative, and shall submit a written response to the nursing
facility within 60 days of receipt of such waiver request.
D. Any construction-related waiver or
variance request of any provision of the LAC Title 51, Public
Health-Sanitary Code shall be submitted in writing to
the state health officer for his/her consideration.
E. No later than June 30, 2023, nursing
facilities shall have a generator or other department approved alternate
electrical power source in the event of the loss of primary electrical power.
The department may grant a one-time extension, not to exceed six months, upon
written application by a nursing facility that compliance has been delayed due
to extraordinary and unforeseen circumstances. No extension shall be granted if
the nursing facility fails to provide sufficient evidence of substantial
compliance or good faith efforts to comply with the requirement deadline.
1. The generator or alternate electrical
power source shall have a simultaneous capability of providing sufficient
electrical power for all of the following:
a.
life safety systems;
b. lighting in
patient care areas;
c. medical
equipment in patient care areas;
d.
electrical components of the approved potable water system;
e. electrical components of the approved
sewer systems;
f. operation of the
nursing facility's medication dispensing and medication refrigeration
systems;
g. operation of the
nursing facility's dietary services and related refrigeration; and
h. operation of the nursing facility's
laundry services.
2. For
nursing facilities built or whose construction plans have been approved by the
department:
a. prior to August 1, 2022, HVAC
systems or portions of systems are required to maintain a safe indoor
temperature and to be powered at a minimum 50 percent of the air conditioning
systems and 50 percent of the heating systems in the facility.
b. on or after August 1, 2022, HVAC systems
or portions of systems are required to maintain a safe indoor temperature and
to be powered at a minimum 90 percent of the air conditioning systems and 90
percent of the heating systems in the facility.
3. The generator or alternate electrical
power source shall be permanently installed onsite at the nursing facility and
shall have fuel stored onsite at the nursing facility or delivered prior to an
emergency event, in the following quantities:
a. for nursing facilities built or whose
construction plans have been approved by the department prior to August 1,
2022, in an amount sufficient to operate the generator or alternative
electrical power source under full load for 48 hours.
b. for nursing facilities approved for
construction and built on or after August 1, 2022, in an amount sufficient to
operate the generator or alternative electrical power source under full load
for 72 hours.
4. Natural
gas is an allowable fuel source and meets the onsite fuel requirement as long
as there is an onsite propane tank sufficient in size to meet the fuel
requirements, in the event a natural gas disruption occurs.
5. For nursing facilities built or whose
construction plans have been approved by the department prior to August 1,
2022, the department may provide a waiver for the permanently installed
generator or alternative electrical power source required by this Subsection if
it is determined by the department that there is not sufficient physical space
available or a governmental ordinance exists that makes it impossible to place
a generator or alternative electrical power source and the fuel required by
this Subsection on the premises of the nursing facility. Each nursing facility
that receives a waiver pursuant to this Paragraph shall annually submit to the
department for review and approval a plan to provide for the health and safety
of the facility's residents in the event of power loss. The annual plan may
incorporate, but is not limited to mobile generators, chillers, or
evacuation.
AUTHORITY
NOTE: Promulgated in accordance with R.S. 36:254 and 40:2009.1-2009.44.
