VHCA-VCAL is intensely focused on two pieces of legislation related to emergency preparedness planning and generators for assisted living facilities (ALFs). One would establish a disclosure requirement about generator capacity. We are working with the bill patron on another bill, which was introduced as a mandate to have on-site generators, to amend it to require regular testing of on-site generators and back-up agreements for those ALFs that opt to use mobile generators.

VHCA-VCAL has been working closely with the bill patrons to maintain flexibility for ALFs to tailor their response plans to the needs of their communities.

Del. Patrick Hope (D-Arlington) introduced HB 1815 to require ALFs to disclose in writing whether the facility has an on-site emergency electrical power source for the provision of electricity during an interruption of the normal electric power supply.

This bill reflects the recommendation of Virginia’s Joint Commission on Health Care, which studied this issue in 2018. VHCA-VCAL supports HB 1815. On January 15, April Payne, VHCA-VCAL Vice President of Quality Improvement and Director of VCAL, testified before the House Health, Welfare and Institutions Committee in support of the bill. The Committee supported the bill unanimously to move it to floor vote.

Sen. Janet Howell (D-Reston) introduced SB 1077. As introduced, the bill would require ALFs licensed for six or more residents have an on-site temporary emergency electrical power source sufficient to provide power for the following:

• Operation of any necessary medical equipment necessary to protect the health of residents;
• Refrigeration adequate to preserve food and medications requiring refrigeration;
• Heating, cooling, lighting in an area that provides no less than 60 square feet of floor area per resident; and
• Operation of at least one elevator in a building with elevators.

In conversations with Sen. Howell, VCHA-VCAL expressed its opposition to the introduced bill. As an alternative, VHCA-VCAL proposed that the bill be amended to include direct the Department of Social Services (DSS) to issue regulations that would require:

• ALFs with on-site emergency generators must include a description of its capacity as outlined in the emergency response plan.
• ALFs that maintain a connection for mobile generators must have agreements with vendors to provide emergency generators as well as backup agreements should the initial vendors be unable to fulfill their supply agreements during an emergency.
• ALFs must test the connection for any on-site generators at installation and then every two years; and
• ALFs must conduct monthly testing of all on-site generators and maintain records of such testing.

DSS had weighed including such language in the revision to the ALF Standards last year.

Sen. Howell agreed to substitute her introduced bill for this alternate language. We are deeply appreciative of her willingness to support these changes that preserve the flexibility for ALFs to develop emergency response plans, including preparation for electrical outages, that are tailored to the needs of their communities and resident populations.

SB 1077 will be considered by the Senate Rehabilitation and Social Services Committee on Friday, January 18, 2019.

Additional information on bills VHCA-VCAL is tracking will be included in the January 18 edition of CareConnection.