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Hurricane Irma hit Florida one year ago.  Fourteen elderly nursing home residents at the Rehabilitation Center at Hollywood Hills died because there was no working, back-up generator in the facility. According to a News Press article on September 20, 2018, not all of Florida’s nursing homes and assisted living facilities are in compliance with state laws.

Governor Scott acted quickly following the Hollywood Hills tragedy and issued a rule requiring nursing homes to install generators. This rule set a 60-day deadline. Lawmakers joined Governor Scott and adopted the requirement that all nursing homes have back-up generators in place by July 1, 2018. The deadline was later extended to September 1.

As of September 1, only 170 nursing homes are in compliance. This is one-quarter of Florida’s nursing homes. State records show that there are 684 nursing homes which still do not have full compliance with the law that requires them to have generators capable of keeping temperatures at, or below, 81 degrees for 96 hours. The non-compliant homes received extensions if they could show they had temporary measures in place.

The Agency for Health Care Administration says that assisted living facilities are also slow to comply. Of the 3,441 assisted living facilities in the state of Florida, less than half are in full compliance.

The News Press article quoted Steve Bahmer, the president and CEO of Leading Age Florida, an association of elder-care providers. Mr. Bahmer said, “Although the principle was sound, the implementation was not realistic. There was no way 1,000 or more providers would get generators on site in 60 days. It would take a minimum of 6 months, and more like 18 months. The hold-ups have been linked to getting plans and approvals, setting up a fuel source, a shortage of available generators and wait-lists for contractors.” 

Fort Myers Nursing Home Abuse Lawyer, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. said, “It is imperative that loved ones and friends of nursing home and assisted living facility residents contact the facilities and ask about their compliance with the state law before a hurricane is imminent. Plans must be made on how to help those who are in nursing homes and assisted living facilities should there be a loss of power.”

“If you or a loved one is injured in a nursing home or assisted living facility, we are here to assist you. Please contact us at any time. We are available 24/7 and have the experienced team you need at this difficult time,” said Attorney 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.