Florida Governor Rick Scott has directed AHCA and Florida Department of Elder Affairs to issue emergency rules (59AER17-1) to keep Floridians safe in health care facilities during emergencies. Pursuant to the emergency action on 9/16/2017, within the next 60 days, all assisted living facilities (ALFs) and nursing homes must obtain ample resources, including a generator and the appropriate amount of fuel, to sustain operations and maintain comfortable temperatures for at least 96-hours following a power outage. This is based on standards already in place at all hospitals in Florida. 

The emergency action also requires:

  • State Fire Marshal Jimmy Patronis to conduct inspections of these generators within 15 days of installation at the facilities;

  • Local emergency management officials to either approve or deny the emergency management plans already required to be submitted to them by law from residential healthcare facilities to ensure it sufficiently protects life;

  • Each local emergency management agency must post all approved facility emergency management plans to their website within ten days of the plan’s approval; and

  • Facilities must submit proof of compliance with the emergency rules to AHCA and Elder Affairs within 48-hours of each plan’s approval.

  • Any Facility found to be in violation of this new rule shall be fined or sanctioned $1,000 per day, in addition to other remedies provided by law.