[Congressional Record (Bound Edition), Volume 150 (2004), Part 13]
[Extensions of Remarks]
[Page 17392]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 WHEN ``UP TO CODE'' JUST ISN'T ENOUGH

                                 ______
                                 

                          HON. JOHN B. LARSON

                             of connecticut

                    in the house of representatives

                        Thursday, July 22, 2004

  Mr. LARSON of Connecticut. Mr. Speaker, last year we saw an alarming 
increase in the number of fire related deaths in nursing homes. Fires 
at nursing homes in Hartford, CT and Nashville, TN claimed the lives of 
31 residents, many of whom were elderly or bedridden.
  In both cases, these buildings were considered ``up to code,'' in 
that they met all fire codes and regulations applicable to their age 
and construction. These codes exempted both buildings from laws 
requiring them to be equipped with sprinklers because they were 
considered too old, and too costly, to retrofit. Most in the nursing 
home industry say this is an economic decision, that homes simply 
cannot afford the cost of retrofitting their facilities with sprinkler 
systems. The people of Hartford and Nashville, however, would say that 
this gap in fire protection is too high a cost where the safety of 
their loved ones is concerned.
  With reduced mobility and heath related impairments, the nursing home 
population is significantly more vulnerable in fire related 
emergencies. Although it has been repeatedly proven that the presence 
of fire sprinklers significantly improves the chances of survival for 
older adults during a fire, the GAO reports that 20 to 30 percent of 
the approximately 17,000 nursing homes nationwide do not have an 
automatic fire sprinkler system. While some states have already taken 
action to ensure that their nursing homes are equipped with sprinklers, 
far too many lack such life saving and common sense requirements.
  Today, even after last year's fires, there is no comprehensive 
federal standard for the inclusion of sprinklers in the nation's 
nursing homes. While the Center for Medicare and Medicaid Services last 
year adopted the 2000 edition National Fire Protection Association's 
Life Safety Code, which required that new and renovated nursing homes 
be equipped with sprinklers, this new policy did not address the lack 
of sprinklers in already existing older homes. As a result, thousands 
of homes are allowed to operate ``up to code,'' yet lacking a life 
saving sprinkler system.
  Last week the GAO released a study on nursing home fire safety which 
concluded that ``the substantial loss of life in the Hartford and 
Nashville fires could have been reduced or eliminated by the presence 
of properly functioning automatic sprinkler systems.'' The report also 
found that ``federal oversight of nursing home compliance with fire 
safety standards is inadequate,'' and has led to inconsistent 
monitoring of fire safety standards, incomplete data on sprinkler 
coverage, and an alarming gap in nursing home fire protection. Above 
all, the report underscored the need for immediate action.
  To this end, I have introduced the Nursing Home Fire Safety Act to 
eliminate the threat of fire for the 1.6 million elderly and disabled 
Americans living in nursing homes. Under this bill, all nursing homes 
participating in Medicare and Medicaid would be required to be fully 
equipped with automatic fire sprinklers within 5 years. With 97 percent 
of all nursing homes participating in these programs, this bill would 
protect the greatest number of Americans possible.
  This bill also addresses what is generally seen as the biggest hurdle 
to installing sprinklers--the cost. Under my bill, any nursing home 
that has to pay to install sprinklers to meet this new requirement 
would be fully reimbursed through either Medicare or Medicaid. These 
reimbursements would be for the total cost of installing a sprinkler 
system, and would in no way impact any payment, service or program 
already offered through either program.
  Although the 108th Congress is winding to a close, I feel it is 
important to introduce this bill now and take this crucial first step 
to begin a long delayed dialogue on nursing home fire safety. Many 
groups have been looking at this problem for over a year now, and will 
all undoubtedly have different ideas on an ideal solution. In light of 
the new information put forward in the GAO report, I look forward to 
working with them to improve this legislation and to find the best way 
to ensure that our nursing homes have the safety equipment they need to 
keep their residents safe from fire.
  Mr. Speaker, the federal government has turned a blind eye to this 
problem for far too long. ``Up to code'' is simply not enough when it 
comes to protecting the lives of our nation's nursing home population. 
The fires in Hartford and Nashville demonstrate the terrible and 
unacceptable consequences of allowing nursing homes to continue to lack 
vital life saving safety equipment. It is time for Congress to take 
action to protect our nation's most frail and vulnerable, and prevent 
similar tragedies in the future.
  I urge my colleagues to join me in helping to make nursing homes in 
their districts, and around the country, safe from the threat of fire.

                          ____________________