§2009.24. Alternative electrical power source required

            A. Nursing facilities shall have a generator or other Louisiana Department of Health approved alternate electrical power source in the event of the loss of primary electrical power in accordance with this Section.

            B. The generator or alternate electrical power source shall have a simultaneous capability of providing sufficient electrical power for all of the following:

            (1) Life safety systems.

            (2) Lighting in patient care areas.

            (3) Medical equipment in patient care areas.

            (4) Electrical components of the approved potable water system.

            (5) Electrical components of the approved sewer systems.

            (6) Operation of the nursing facility's medication dispensing and medication refrigeration systems.

            (7) Operation of the nursing facility's dietary services and related refrigeration.

            (8) Operation of the nursing facility's laundry services.

            (9)(a) For nursing facilities built or whose construction plans have been approved by the department prior to August 1, 2022, HVAC systems or portions of systems required to maintain a safe indoor temperature to be powered at a minimum fifty percent of the air conditioning systems and fifty percent of the heating systems in the facility.

            (b) For nursing facilities approved for construction and built on or after August 1, 2022, HVAC systems or portions of systems required to maintain a safe indoor temperature to be powered at a minimum ninety percent of the air conditioning systems and ninety percent of the heating systems in the facility.

            C.(1) 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 the 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, an amount sufficient to operate the generator or alternative electrical power source under full load for forty-eight hours.

            (b) For nursing facilities approved for construction and built on or after August 1, 2022, an amount sufficient to operate the generator or alternative electrical power source under full load for seventy-two hours.

            (2) Natural gas is an allowable fuel source and meets the onsite fuel requirement if there is an onsite propane tank sufficient in size to meet the fuel requirements provided for in this Section.

            D. Each nursing facility shall have fuel delivery agreements in place that will extend the uninterrupted operation of the generator or alternative electrical power source under full load to a total period of one hundred sixty-eight hours for a single emergency event. Nursing facilities may interrupt operation of the generator or alternative electrical power source to conduct routine maintenance as recommended by manufacturer's specifications.

            E.(1) For nursing facilities built or whose construction plans have been approved by the department prior to August 1, 2022, the Louisiana Department of Health may provide a waiver for the permanently installed generator or alternative electrical power source required by this Section if it is determined 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 Section on the premises of the nursing facility.

            (2) Each nursing facility which receives a waiver pursuant to this Subsection 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.

            F. Nursing facilities shall meet the requirements of this Section no later than June 30, 2023. The department may grant a one-time extension, not to exceed six months, upon written application by a nursing facility that compliance with this Section 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 provided for in this Subsection.

            Acts 2022, No. 253, §1, eff. June 3, 2022.