Provides relative to adult residential care providers. (gov sig)

Senate Bill 145 enacts new Louisiana Revised Statutes Section 40:2166.11, which establishes comprehensive backup power requirements for all licensed adult residential care facilities. The bill mandates that these facilities install a permanently onsite generator or Louisiana Department of Health-approved alternative electrical power source capable of simultaneously powering life safety systems, patient care area lighting, medical equipment, water and sewer system components, medication dispensing and refrigeration systems, dietary services and refrigeration, laundry services, and a minimum percentage of HVAC systems depending on when the facility was built or approved for construction. Facilities built or approved prior to August 1, 2026, must power at least fifty percent of their air conditioning and heating systems, while facilities approved or built after that date must power at least ninety percent. The law requires fuel storage onsite or delivery prior to an emergency event in sufficient quantity to operate the backup power source under full load for seventy-two hours, with fuel delivery agreements in place to extend continuous operation to one hundred sixty-eight hours for a single emergency event.

Licensed adult residential care providers are the primary entities affected by these requirements. Facilities already in existence or with approved construction plans prior to August 1, 2026, may obtain a waiver from the Louisiana Department of Health if insufficient physical space or governmental ordinances prevent installation of onsite generators and fuel, but such facilities must submit annual emergency preparedness plans to their parish office of emergency preparedness addressing resident health and safety during power loss. All covered facilities must achieve compliance by December 1, 2027, with the possibility of a single extension not exceeding twelve months if a facility demonstrates extraordinary and unforeseen circumstances preventing compliance. The office of the state fire marshal gains responsibility for determining compliance with the generator capability, installation, and fuel requirements and must report any noncompliance to the department.

This legislation operates within the existing regulatory framework established in Louisiana Revised Statutes Title 40, which governs public health and medical care facilities and vest regulatory authority in the Louisiana Department of Health. The bill operates in conjunction with existing licensing requirements for adult residential care providers and incorporates enforcement mechanisms through the state fire marshal's office, which exercises jurisdiction over fire and life safety code compliance in healthcare facilities. The department is authorized to promulgate rules through both normal Administrative Procedure Act processes and emergency rulemaking procedures under Louisiana Revised Statutes 49:962 to implement the statute's requirements, recognizing the urgent nature of ensuring continuity of care during extended power outages. The effective date provision follows standard constitutional processes outlined in Article III, Section 18 of the Louisiana Constitution for gubernatorial action and legislative override scenarios.