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November 15, 2017 was the deadline directed by Governor Rick Scott for all assisted living facilities and nursing homes in the state to install generators which would be capable of powering air conditioning systems for 96 hours and have sufficient on-site fuel for their operation. This was in response to the Hollywood Hills, Florida nursing home death of 14 seniors from heat-related causes during Hurricane Irma.

Even though an administrative law judge ruled the emergency rules were invalid, Governor Scott maintained the rules would remain in effect through the duration of the state’s appeal of the ruling or until the rules were to expire by law on December 15, 2017.

On December 1, 2017 the state issued a press release saying:

Today, the Agency for Health Care Administration (AHCA) announced that 104 nursing homes have reported that they are now in compliance with the emergency generator rule. Also, AHCA and the Department of Elder Affairs (DOEA) have published a list of all nursing homes and assisted living facilities’ status of compliance with the Emergency Generator Rule. To date, 2,365 nursing homes and assisted living facilities have submitted plans or reported being in compliance, and 563 assisted living facilities have still not responded to the requirements in the rule, and will continue to be subject to fines following the November 15 deadline.  

Secretary Justin Senior said, “Our Agency is working with our state and local partners to ensure compliance with the life-saving Emergency Generator Rule. We have begun the process of issuing letters of violation, and we fully intend to hold those facilities accountable that have failed to comply with this rule. Ensuring the safety of patients and residents is our Agency’s top priority, and we will work to ensure that no patient, resident, family or facility is ever placed in harm’s way due to prolonged power outage.” 

“There were 563 assisted living facilities, as of the December press release, that did not respond to the requirements of the rule. This is a dangerous situation for our seniors and those in assisted living facilities. We at Spivey Law Firm, Personal Injury Attorneys, P.A. have experience in dealing with nursing home and assisted living facility abuse, and encourage everyone to review the list of those facilities which are in compliance. Should you or a loved one be injured in an assisted living facility or nursing home, contact our experienced team,” said Fort Myers Nursing Home Abuse Lawyer, Randall Spivey.

Fort Myers Nursing Home Abuse Lawyer, Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%)percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.