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
April 16, 2018
HOUSE PANEL TO QUESTION GOTTLIEB ON FDA BUDGET Food and Drug Administration (FDA) Commissioner Scott Gottlieb will testify Tuesday before a House appropriations subcommittee on his agency’s fiscal 2019 budget – which includes the largest...
Read More ->
Health Law Update
Capitol Hill Healthcare Update
April 9, 2018
CONGRESS RECONVENES, WITH A FOCUS ON OPIOIDS Lawmakers return today to Capitol Hill after a two-week recess, and multiple committees in both the House and Senate are poised to examine the opioid crisis and potential legislative solutions...
Read More ->
Health Law Update
Capitol Hill Healthcare Update
March 19, 2018
CONGRESS WORKS TO PASS BUDGET BEFORE FRIDAY’S SHUTDOWN DEADLINE House leaders are pushing to schedule a vote this week on a $1.3 trillion budget agreement that would give the Senate enough time to pass it before a Friday deadline when...
Read More ->
Health Law Update
Capitol Hill Healthcare Update
March 12, 2018
HOUSE VOTE SET FOR UPDATED ‘RIGHT-TO-TRY’ LEGISLATION The House will vote Tuesday on updated but still controversial legislation that would give terminally ill patients wider access to prescription drugs that haven’t won approval by the...
Read More ->
Health Law Update
Capitol Hill Healthcare Update
March 6, 2018
CONGRESS SCRAMBLES TO COMPLETE BUDGET IN ADVANCE OF DEADLINE Lawmakers are working overtime – including on key healthcare issues – to wrap up work on a $1.2 trillion omnibus budget bill that would fund the government for the balance of the...
Read More ->