
But manyl operators say they are surprised they were on the non-compliance list, saying they had already submitted plans to the state, requested waivers on the deadline or were already compliant.

The state regarded 1,200 facilities not in compliance they face fines of $1,000 a day or the loss of their license. Not surprisingly, there’s chaos and confusion. Nevertheless, the state is proceeding with the order while it appeals Chisenhall’s decision. Furthermore, the compressed timeline made it difficult, if not impossible, for many of the state’s 3,000 ALFs and nursing homes to comply. He concluded that because there was no evidence that what happened at Hollywood Hills was occurring at other nursing homes across the state, there was no emergency justifying Scott’s order.

In late October, Administrative Law Judge Garnett Chisenhall ruled that the Florida Agency for Health Care Administration did not have the authority to enforce the mandate. It was a knee-jerk response, but understandable given the horrific circumstances. 15 to ensure they can keep patients cool. Scott issued an emergency order requiring all nursing homes and assisted living facilities to purchase generators and fuel, and submit emergency plans, by Nov. Rick Scott’s executive order regarding nursing homes, it couldn’t do better than the haste with which it is trying to implement the mandate while appealing the ruling.Īfter 14 residents of The Rehabilitation Center at Hollywood Hills nursing home died from overheating when the facility’s air conditioning failed during Hurricane Irma, Gov. News-press.If the state were trying to justify an administrative judge’s decision to strike down Gov. news-stories/southwest-florida-nursing-homes-assisted-living-facilities-not-following-new-rules-after-hurricane-irma If you or a loved one has suffered because their Florida nursing home facility failed to provide such basics as air conditioning and/or neglected other duties, contact our Fort Lauderdale personal injury and nursing home abuse attorneys at Friedland & Associates today to find out how we can help.į/news/local-news/nursing-homes-facilities-have-until-jan-to-address-generators According to reports, after the facility residents were subjected to temperatures of 91 degrees inside the facility for an extended period of time, the facility delayed calling 911 and failed to evacuate the residents, even though there was a hospital with functioning air conditioning less than one block away.įlorida Nursing Home Negligence Attorneys This also seems somewhat negligent, given that twelve of the 14 deaths that followed last year’s storm were ruled as homicides in these facilities. This could arguably be endangering the lives of the elderly dependent upon these facilities. It is also concerning that, even though the homes have been threatened with fines and having their licenses revoked, it is possible that they are not taking the requirement seriously, especially if there is a possibility that Florida will continue to provide them with extensions. While each facility now supposedly has a temporary generator and a safe place to move its residents to in order to cool down in cases of extreme heat, it is concerning that most of them still do not have a generator strong enough to power the entire building. Is Florida Being Serious Enough About This? Yet, according to reports, only 170 out of almost 700 nursing homes throughout Florida have fully complied with this requirement to date, while the others (equivalent to 75 percent of all Florida nursing homes) plan to take advantage of the extension and wait at least another four months. The new state requirement mandates that each facility have a generator that is capable of keeping temperatures at or below 81 degrees (the federally-regulated limit) for at least 96 hours, which would also include 72 hours of fuel supply.

Only 170 Out Of 700 Complied With the Law What does this mean in terms of the potential for another electrical outage to lead to additional nursing home injuries and deaths as we approach a new hurricane season this month (September)?

Florida Nursing Homes Fail To Comply With Mandatory Generator Requirement for Resident SafetyĮven though the tragedy involving people dying in nursing homes last year in Hollywood, Florida after Hurricane Irma dominated news headlines, and led to some important changes in terms of new emergency power supply requirements in Florida nursing homes in order to prevent a similar tragedy, according to recent reports, most Florida nursing homes are still not in compliance with the new law.Īs a result, even though the deadline for compliance was more than two months ago, the state of Florida has given these facilities another four months (until January) to ensure that they are in compliance.
