Nursing homes OK rules for fuel
Deaths prompted Scott to call for backup power
TALLAHASSEE Florida nursing homes have agreed to rules that will require them to have alternative power sources available in emergencies such as hurricanes.
The decision ends months of dispute with Gov. Rick Scott, who issued a rule requiring nursing homes to have generators to power air conditioning after 12 people died in the sweltering heat at The Rehabilitation Center at Hollywood Hills. Hurricane Irma knocked out power to the nursing home, which had no generators to run the air conditioning.
The change of heart in the industry came after Scott announced changes to his original rules last week. Now, assisted living facilities no longer must have generators but are required to have ready access to an
alternative power source in the event of a loss of power.
The proposed rules for fuel supplies at assisted living facilities also changed. Those with 16 or fewer beds must have two days of fuel; those with 17 or more beds must have three days. Any facilities in an area where an emergency has been declared must acquire four days of fuel.
“Throughout this process, we have remained supportive of the governor’s original intent — to ensure vulnerable Floridians are kept safe during emergency situations,” said Gail Matillo, president of the Florida Senior Living Association. “We believe these rules will benefit both Florida seniors and the communities invested in providing them with quality living environments.”
The groups, which represent thousands of nursing homes and assisted living facilities, had balked at Scott’s Sept. 16 call for all such facilities in the state to, within 60 days, get generators to power air conditioning and enough fuel for four days.
Nursing home groups went to court seeking to block the rules, saying they were too confusing and onerous.
Now they’ve agreed to drop their challenges and work with their members to make sure they have access to alternative power sources.
“This is a big win for our state and makes Florida one of the first states in the nation to require emergency generators at nursing homes and ALFs,” Scott said. “The bottom line is that we fought for residents and they will be safer because of these rules. I look forward to the Legislature ratifying these life-saving rules.”
There are numerous bills in the Legislature to make Scott’s emergency rule a permanent part of state law. But the Legislature does not appear to have settled on one bill or another to push through the process.
Of the eight bills filed in the Legislature that would require nursing homes and ALFs to have generators that can power air conditioning, not a single one has had a committee hearing.
Paying for generators or other power sources would fall to the nursing homes, though there are also bills in the Legislature to create a grant program to help with payment. Those, too, have not had a hearing.
According to the governor’s office, hundreds of nursing homes and ALFs have already agreed to Scott’s rule and are buying or installing generators that put them in compliance.