Latest Blogs

Two years after Hurricane Irma ravaged the state of Florida and a Hollywood nursing home lost its air conditioning, the Associated Press (AP) reports that four employees have been arrested and charged with aggravated manslaughter, after twelve patients died. These employees included three nurses and the facility’s administrator.

AP says that during the two-year investigation, over 1,000 pieces of evidence were collected, 500 people were interviewed, and 55 computers were seized. Investigators said there were 150 patients at the nursing home who were not evacuated as temperatures inside rose, even though Memorial Regional Hospital was right across the street.

On March 28, 2018, Governor Scott signed legislation mandating nursing homes and assisted living facilities to have backup generators. Compliance was required by June 1, 2018, with an option for an extension until January 1, 2019. As we entered the 2019 hurricane season June 1, 2019, about half of nursing homes and assisted living facilities were not in compliance with recent legislation on generators, according to the Naples Daily News.

Here is the Florida Nursing Home Emergency Power Plan:

(1) Procedures Regarding Emergency Environmental Control for Nursing Homes. Nursing homes shall, within forty-five (45) days of the effective date of this emergency rule, provide in writing, to the Agency for Health Care Administration and to the local emergency management agency for review and approval, a detailed plan which includes the following criteria:

(a) The acquisition of a sufficient generator or sufficient generators to ensure that current licensees of nursing homes will be equipped to ensure ambient temperatures will be maintained at 80 degrees or less for a period of a minimum of ninety-six (96) hours in the event of the loss of electrical power.

(b) The acquisition and safe maintenance of sufficient fuel to ensure that in an emergency situation the generators can function to maintain ambient temperatures at 80 degrees or less for a period of a minimum of ninety-six (96) hours in the event of the loss of electrical power.

(c) The acquisition of services necessary to install, maintain, and test the equipment and its functions to ensure the safe and sufficient operation of the generator system installed in the nursing home.

(2) Each nursing home shall, within sixty (60) days of the effective date of this rule, have implemented the plan required under this rule.

(3) If the facility’s initial submission of the plan is denied, then the local emergency management agency shall report the denial to the Florida Division of Emergency Management and the facility within forty-eight (48) hours of the date of denial.

(4) Within ten (10) business days of the date of the local county emergency management agency’s notice of denial, the facility shall resubmit their plan.

(5) The county shall post all approved facility emergency management plans to their website within ten (10) days of the plan’s approval.

(6) Within forty-eight (48) hours of the approval of the plan from the local emergency management agency, the facility shall submit in writing proof of approval to the Agency for Health Care Administration.

 (7) The State Fire Marshall shall conduct inspections to ensure compliance with this rule within fifteen (15) days of installation.

 (8) Each nursing home facility shall develop and implement written policies and procedures to ensure that the facility can effectively and immediately activate, operate and maintain the generators and alternate fuel required for the operation of the generators.

(9) The Agency for Health Care Administration may revoke the nursing home’s license for failure to comply with this rule.

(10) In addition to other remedies provided by law, violation of this rule shall result in a fine or sanction of $1,000 per day.

(11)The facility shall implement policies and procedures to ensure that the health care facility can effectively and immediately activate and maintain the generators and alternate fuel required for the operation of the generators.

Ted Spicer, chief operating officer of Continuum Services, which oversees maintenance of American House senior housing properties in Florida and elsewhere, told the Naples Daily News, “It’s a very extensive undertaking. The issue for us was adding fuel capacity to comply with the 96-hour rule.”

American House has three locations in Fort Myers, Bonita Springs and Estero. The Bonita Springs and Estero locations had permanent generators in place before the 2018 law, and Fort Myers opened with a generator after the law was passed.

“Nursing homes and assisted living facilities are required by law to provide safe, clean facilities for their residents. Since there are many Florida facilities still not in compliance with the 2018 generator law, family members and friends of residents need to investigate and be sure their loved ones are safe. We are currently in an even more active hurricane season. There is no time to wait to review this issue,” warns Fort Myers Nursing Home Abuse Lawyer Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

“If you or a loved one is injured in a nursing home or assisted living facility, please contact our experienced team. We are available 24/7, and there are no costs or attorney fees unless we make a monetary recovery for you,” said Attorney Spivey.

Florida Nursing Home Negligence Attorney,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.