Alerts

Florida Emergency Power Plan Rule Requires Nursing Homes and Assisted Living Facilities to Obtain Generators by November 15, 2017

Alerts / October 16, 2017

In response to the death of eight nursing home residents after a power failure in Hollywood, Florida during Hurricane Irma, Florida regulators recently issued emergency rules requiring the state’s nursing homes and assisted living facilities to have and maintain backup generators and alternate fuel for power emergencies. However, due to the current high demand for generators in Florida and other barriers to compliance, many nursing homes and assisted living facilities are finding it extremely difficult, if not impossible, to comply with the state’s emergency power plan rule by the November 15, 2017 deadline.

Issued by the Florida Agency for Health Care Administration (AHCA) and the Florida Department of Elder Affairs (DOEA) on September 18, 2017, the emergency power plan rule provides that nursing homes and assisted living facilities be equipped with sufficient generator and alternate fuel capacity to ensure that ambient temperatures are maintained at or below 80 degrees Fahrenheit for a minimum of 96 hours in the event of an electric power loss.

The emergency power plan rule further requires that nursing homes and assisted living centers in Florida submit an emergency power plan for their facilities to the AHCA or DOEA by October 31, 2017, and be prepared to implement that plan by November 15, 2017. Facilities that fail to comply with the emergency power plan rule may be subject to fines or sanctions of up to $1000.00 per day and revocation of their license to operate in the state of Florida.

The AHCA and DOEA recently issued a supplement to the state’s emergency power plan rule that provides criteria and information for nursing homes and assisted living facilities seeking an emergency variance from the rule’s full implementation deadline. If your nursing home or assisted living facility currently cannot comply with the emergency power plan rule, or will unable to comply for reasons outside of its control by the November 15, 2017 deadline, we can help prepare and submit an emergency petition for variance from the rule.

Baker & Hostetler LLP publications are intended to inform our clients and other friends of the firm about current legal developments of general interest. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you written information about our qualifications and experience.

Related Industries

Blog

In The Blogs

Previous Next
Health Law Update
Capitol Hill Healthcare Update
November 13, 2017
SENATE COMMITTEES TO REVIEW TRUMP’S HHS PICK The year-end schedules of the Senate HELP and Finance committees just became more clogged, as the two panels will lead the review of President Trump’s nominee to be Health & Human Services (HHS)...
Read More ->
Health Law Update
Capitol Hill Healthcare Update
November 6, 2017
December Most Likely Timetable for CHIP Even After House Approval The House last week voted to renew the Children’s Health Insurance Program (CHIP) through 2022, but disagreements over how to pay for the program are likely to delay...
Read More ->
Health Law Update
Capitol Hill Healthcare Update
October 30, 2017
House Plans CHIP Vote This Week but Final Action Not Likely Until December House Majority Leader Kevin McCarthy (R-Calif.) said lawmakers will vote this week on legislation to renew federal funding for the Children’s Health Insurance...
Read More ->
Health Law Update
Physicians in the Bulls-eye
October 25, 2017
Several recently reported cases highlight the growing risk physicians face if they succumb to competitive pressures, especially offers of remuneration from labs, pharmacies, home health agencies and other providers to whom they refer. In...
Read More ->
Health Law Update
Capitol Hill Healthcare Update
October 23, 2017
White House Eyes Panel on Drug Prices While Senators Call for Transparency President Donald Trump is considering appointing lawmakers to a bipartisan commission that would develop strategies to lower prescription drug prices, while...
Read More ->