Federal rule says nursing homes have to have a backup generator for residents on life support

The federal rule 42 CFR 483.90 requires nursing homes to keep a generator on site for any resident on life support, with no other power source allowed, and a 2026 federal audit found 73% of nursing homes nationwide have inadequate or unreliable emergency power anyway.

73%3of nursing homes nationwide the federal inspector general estimates have inadequate or unreliable emergency power
102kinds of health facilities a 2023 federal memo lets swap a generator for a clean energy microgrid
53%3of nursing homes nationwide the federal inspector general estimates have inadequate generator maintenance

Why nursing homes have to have a backup generator for life support

Nursing homes do have to have a backup generator on site for any resident on life support, meaning a resident who depends on medical equipment such as a ventilator that needs continuous power to keep working. That requirement comes from a federal rule, 42 CFR 483.90, and it names a generator specifically, with no other source of power allowed as a substitute. The same rule also requires backup power to keep entrance and exit lighting and the fire alarm system running whenever normal power goes out.

Why a 2023 waiver did not reach nursing homes with life support residents

In March 2023, the Centers for Medicare and Medicaid Services sent every state survey agency a memo opening a new option, a health care microgrid, a small power network that can run on clean energy sources such as solar panels, wind turbines, fuel cells or stored batteries, as a substitute for a generator. The memo names 10 kinds of health facilities the option applies to, including hospitals, critical access hospitals, inpatient hospice, dialysis facilities and nursing homes themselves. Reading the memo directly, rather than a summary of it, shows the same document names 1 exception twice, once in its own summary box and again in its full discussion. A nursing home with a resident on life support cannot use the microgrid option, because 42 CFR 483.90 requires a generator on site with no waiver allowed at all.

Facility types covered by the 2023 microgrid waiverCan use a microgridStill requires a generator
02468109Facility types,that can use,a microgrid1Facility types,still required,to use a generatorkinds of health facilities

Of the 10 kinds of health facilities the March 2023 memo covers, nursing homes with a resident on life support are the only kind still required to use a generator on site. The 9 figure is this publication own arithmetic on the memo own list of 10 facility types, subtracting the 1 the memo names as excluded, not a total the memo states itself.

Source 2.

Show the numbers
Facility types, that can use, a microgrid9
Facility types, still required, to use a generator1

What the 2026 federal audit found nationwide

In April 2026, the Department of Health and Human Services Office of Inspector General audited backup power at 100 Medicare and Medicaid nursing homes. It found 72 of them carried at least 1 emergency power deficiency, 119 deficiencies in total. Projecting that rate across the 15,115 nursing homes nationwide, the inspector general estimates 10,983 nursing homes, 73%, have inadequate or unreliable emergency power. It also estimates 7,967 nursing homes, 53%, have inadequate generator maintenance, 5,869 nursing homes, 39%, have generators that cannot cover every circuit they are supposed to, and 1,447 nursing homes, 10%, run generators 40 years old or older. The inspector general named limited nursing home resources and frequent staff turnover as the root causes.

Nursing homes nationwide with emergency power problems by category
Inadequate or unreliable emergency power overall73Inadequate generator maintenance53Generators that cannot cover every circuit39Generators 40 years old or older100255075100percent of nursing homes nationwide

These figures are the Office of Inspector General national projections from a 100 facility sample, not mutually exclusive categories.

Source 3.

Show the numbers
Inadequate or unreliable emergency power overall73
Inadequate generator maintenance53
Generators that cannot cover every circuit39
Generators 40 years old or older10

What is at stake when backup power fails

The inspector general points to past failures as the reason this matters. McKnights Long Term Care News reports that the audit itself names 12 nursing home residents in Florida who died from extreme heat after a facility lost power during Hurricane Irma in 2017, and 7 nursing home residents in Louisiana who died in unsafe and unsanitary conditions after 7 nursing homes evacuated residents into 1 overcrowded warehouse during Hurricane Ida in 2021.

Whether the rule changed after the audit

The inspector general recommended that the Centers for Medicare and Medicaid Services redistribute guidance to nursing homes on keeping emergency power ready. The agency agreed, and the inspector general closed that recommendation as implemented on August 11, 2026. The generator requirement itself did not change. A nursing home with a resident on life support must still keep a generator on site, and a separate rule, 42 CFR 483.73, requires the facility to inspect, test and maintain that generator under the Health Care Facilities Code and the Life Safety Code, though neither rule states a specific testing interval in its own words.

Glenn Thomas, president of Full Spectrum Safety Consulting, said many nursing home generators were never built for what is now expected of them.

Generator systems in many facilities were originally designed to meet minimum code requirements at the time of installation not the expanded expectations we see today.

Glenn Thomas, President of Full Spectrum Safety Consulting. Source 4.

Sources

  1. 42 CFR 483.90, Physical environment. Legal Information Institute, Cornell Law School. Accessed 2026-09-16.
  2. QSO-23-11-LSC, Categorical Waiver, Health Care Microgrid Systems. Centers for Medicare and Medicaid Services. Published 2023-03-31. Accessed 2026-09-16.
  3. A-02-23-01022, Most Nursing Homes Throughout the United States Do Not Have Adequate or Reliable Emergency Power Systems. United States Department of Health and Human Services, Office of Inspector General. Published 2026-04-28. Accessed 2026-09-16.
  4. Most nursing homes lack adequate or reliable emergency power, OIG. McKnight's Long Term Care News. Published 2026-04-30. Accessed 2026-09-16.
  5. 42 CFR 483.73, Emergency preparedness. Legal Information Institute, Cornell Law School. Accessed 2026-09-16.

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