S. 1615

Nursing Home Fire Safety Act of 2007

Latest

II

110th CONGRESS

1st Session

S. 1615

IN THE SENATE OF THE UNITED STATES

June 13, 2007

Mr. Dodd (for himself and Mr. Burr) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

June 25, 2007

Committee discharged; referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To provide loans and grants for fire sprinkler retrofitting in nursing facilities.

1.

Short title

This Act may be cited as the Nursing Home Fire Safety Act of 2007.

2.

Findings and Sense of Congress

(a)

Findings

Congress finds the following:

(1)

An estimated 1,500,000 Americans reside in approximately 16,300 nursing facilities nationwide, an estimated 20 to 30 percent of which lack an automatic fire sprinkler system.

(2)

In a July 2004 report, the Government Accountability Office found that the substantial loss of life in [recent nursing home] fires could have been reduced or eliminated by the presence of properly functioning automatic sprinkler systems and that Federal oversight of nursing home compliance with fire safety standards is inadequate.

(3)

Many nursing facilities lack the financial capital to install sprinklers on their own and must consider closure as an alternative to taking on large loans or other financing options in order to install sprinklers.

(4)

Recognizing that automatic fire sprinkler systems greatly improve the chances of survival for older adults in the event of a fire, the National Fire Protection Association, with the support of the American Health Care Association, the fire safety community, and the nursing facility profession, recently adopted requirements for automatic sprinklers in all existing nursing facilities.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

within 5 years, every nursing facility in America should be equipped with automatic fire sprinklers in order to ensure patient, resident, and staff safety;

(2)

the Centers for Medicare & Medicaid Services (CMS) should require all nursing homes to be fully sprinklered as recently required by the Life Safety Code of the National Fire Protection Association with the support of the nursing home industry, which includes the requirement that all nursing facilities be fully sprinklered; and

(3)

the Centers for Medicare & Medicaid Services, in collaboration with Congress, should take into consideration the costs of retrofitting existing nursing home facilities and commit itself to providing facilities with the critical financial resources necessary to ensure the speedy and full installation of life saving sprinkler systems.

3.

Direct loans for fire sprinklers retrofits

(a)

Authority

Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services shall establish a program of direct loans to existing nursing facilities to finance retrofitting the facilities with an automatic fire sprinkler system. Such loans shall be made under terms and conditions specified by the Secretary.

(b)

Authorization of appropriations

There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2008 through 2012.

4.

Sprinkler retrofit assistance grants

(a)

Authority

Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services shall establish a program to award grants to nursing facilities for the purposes of retrofitting them with an automatic fire sprinkler system. Such grants shall be awarded under terms and conditions specified by the Secretary.

(b)

Priority

In awarding grants under this section, the Secretary shall give a priority to applications that demonstrate a need or hardship. In determining hardship, the Secretary may take into account factors such as the number of residents who are entitled to or enrolled in the medicare program under title 18 of the Social Security Act (42 U.S.C. 1395 et seq.) or receiving assistance under the medicaid program under title 19 of such Act (42 U.S.C. 1396 et seq.), the age and condition of the facility, and the need for nursing facility beds in the community involved.

(c)

Authorization of appropriations

There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2008 through 2012.