As hurricane season approaches, state Sen. Borris Miles is aware that the urgency of independent living facilities losing power and affecting elderly residents is a significant concern. He recalls receiving distressing calls from constituents during past storms, such as Hurricane Beryl, when power outages left older Texas residents stranded without air conditioning.
“We need to take care of people,” Miles stated, highlighting the pressing need for actionable solutions. In response to the rising number of storms, he and other coastal lawmakers have proposed several legislative measures aimed at improving emergency preparedness in Texas’s nursing homes and assisted living facilities. These proposals would mandate that these care facilities have emergency generators on hand to ensure continuous support during power outages.
Texas is home to numerous nursing homes and assisted living facilities, with the former housing over 86,000 patients and the latter accommodating nearly 50,000 residents. Miles’s House Bill 732 specifically targets low-income housing for seniors, which often lacks adequate emergency plans for residents who do not receive regular care or health status monitoring, leading to complications during power outages. Vulnerable individuals can find themselves trapped in malfunctioning elevators without any means of escape.
Another important legislative effort is SB 481, presented by state Senator Carol Alvarado, which would ensure that emergency plans in these facilities include generator provisions. Similarly, Rep. Christian Manuel’s HB 1199 calls for generators that can operate for at least 72 hours in these establishments, emphasizing the critical need for power continuity for vulnerable populations. Rep. Suleman Lalani also introduced HB 1467 to ensure that nursing homes and independent senior housing have generators. Additionally, HB 863 proposes creating a centralized database to document the location and emergency plans of independent living communities, which would be accessible to emergency response teams.
Historically, there have been attempts to push for emergency generators in long-term care facilities, with varying degrees of success. Following several hurricanes and severe weather incidents, including Rita, Ike, Harvey, and most recently, Beryl, the calls for stricter requirements for backup power have intensified. The previous efforts have frequently faced pushback from industry stakeholders, mainly concerning the estimated costs of installing and maintaining generators, which can exceed $200,000.
Rep. Ana Hernandez has introduced HB 2224, advocating for more cost-effective solutions such as requiring backup power for critical functions like elevators for a period of 48 hours post-power loss, a strategy she believes would effectively reduce implementation costs compared to full-scale generator requirements.
Amid ongoing discussions, agencies like the Texas Health and Human Services Commission have been proactive in urging facility operators to prepare emergency plans in anticipation of natural disasters. Facilities currently must adhere to basic safety and communication plans during disasters, yet many do not have the necessary equipment in place, as evidenced by the number of facilities still without power days after Hurricane Beryl made landfall.
While existing Texas regulations require nursing homes built since 1996 to be equipped with emergency generators, assisted living facilities do not share the same mandate. Despite this, many do maintain some form of backup to keep essential items such as medications at safe temperatures, though cooling living areas is not currently a regulated necessity.
The Texas Assisted Living Association has expressed its willingness to work with lawmakers on creating sensible regulations for backup power while advocating for flexibility that considers the unique settings of each facility. Meanwhile, AARP Texas is pushing for legislative clarity to ensure that health standards regarding temperature control in long-term care facilities are upheld.
As local governments begin to implement stricter codes, such as a new requirement in Harris County for generators in non-incorporated areas, concerns over the feasibility and implications of these mandates continue to spark debate within the industry. Meanwhile, advocates remain steadfast in their pursuit of better emergency preparedness measures to protect vulnerable seniors in the wake of natural disasters.
