Many nursing homes still lack backup power

In South Florida, 84% of facilities don’t comply with new state law

Despite 12 people dying after a Hollywood nursing home lost power in Hurricane Irma last year, and a new law to prevent it happening again, most nursing homes and assisted living centers in Florida were not ready as the hurricane season kicked off June 1.

In South Florida, 84 percent of nursing homes and assisted living facilities had failed to comply with the new state law, and 74 percent statewide were not compliant as of May 25, in data provided by Florida’s Agency for Health Care Administration.

In raw numbers, only nine assisted living facilities and 11 nursing homes in South Florida had an in-

spected alternative cooling system in place as of May 25, according to the data.

Statewide, only 91 assisted living facilities and 48 nursing homes had an alternative power system such as a generator that had been approved and inspected by fire marshals or other officials.

To find out whether your family member’s nursing home or assisted living center has a generator or other source of emergency power, search Florida’s website at: http://www.floridahealthfinder.gov/index.html. On the individual assisted living or nursing home report, look under “emergency power plan summary” for information about whether there is an alternative power source or emergency plan in place.

Even those considered “compliant” by the state could mean they have arranged only for a portable generator or have a system under construction and have been given an extension, according to Mallory McManus, spokeswoman for Florida’s Agency for Health Care Administration. Those extensions vary but can continue as long as Jan. 1, 2019, according to the agency, which is implementing the new rules.

“In compliance” can mean the assisted living center or nursing home has an emergency power source, is implementing an emergency power plan, or has been approved for an extension by the state, McManus said.

“An extension is based on them demonstrating and providing details on their backup power source or plan,” McManus said. “They must make arrangements and detail how they will cool the facility and power the cooling and, if it can’t be done, evacuation plans. But they can’t just have an evacuation plan. In Irma they were failing.”

Statewide, 343 assisted living facilities and 348 nursing homes were approved for or have submitted extension requests. In South Florida, 111 assisted living and 58 nursing homes were approved for an extension or had requested one.

Some nursing homes and assisted living facilities were granted extensions if they were under construction, have a portable generator, or have other temporary emergency power plans in place, McManus said.

In March, Gov. Rick Scott signed a new law mandating that nursing homes and assisted living facilities in the state have an “alternative power source.” But the law didn’t have the bite that the governor wanted, giving more flexibility to nursing homes and assisted living facilities in arranging an emergency power plan.

In Broward County — where 12 patients from the Rehabilitation Center of Hollywood Hills died after Hurricane Irma — 77 percent of nursing homes and assisted living centers are not compliant.

Broward’s assistant county administrator Alphonso Jefferson Jr., said the state, not the county, regulates nursing homes and assisted living facilities. The county helps only to review their emergency power plans, but it’s up to the state to approve the plan and inspect the site.

Jefferson also pointed out that just because a nursing home or assisted living facility has a generator doesn’t mean it is operational. “A generator is an added asset. But you have to ensure it has been maintained, is operational, can power life safety and be A/C compliant,” he said.

In Palm Beach County, 68 percent were not compliant, and in Miami-Dade County, 90 percent had not met the new rules, according to data provided by the state.

The agency is implementing the law, but hasn’t started its inspections of nursing homes and assisted living facilities, relying on emergency officials to sign off on written emergency power plans submitted to the state.

“We will start conducting inspections as well,” McManus said.

Compliance could rise as assisted living and nursing homes still had until the end of June 1 to submit their emergency power plans.

“The agency has received hundreds of submissions from facilities over the past week,” McManus said.

The state agency is implementing emergency power rules from legislation signed into law in March by Scott.

Last year, Scott expressed outrage about the deaths related to the Rehabilitation Center at Hollywood Hills, which lost its air conditioning in Hurricane Irma. The nursing home also was not on Broward’s priority power restoration list provided to Juno Beach-based Florida Power & Light Co.

The sweltering heat in the nursing home led to the deaths, which the Broward Medical Examiner ruled homicides. The Hollywood nursing home has lost its license and has closed.

The governor initially called for a generator that powered air conditioning in every nursing home or assisted living facility. But the state rules were rewritten after threats of lawsuits from trade groups representing nursing homes and assisted living facilities.

Instead, the rules call for them to have a “sufficient alternate power source such as a generator.” They must have an alternative power supply capable of maintaining the temperature at 81 degrees or less for a minimum of four days. Portable power sources can be used, but they must provide at least 30 square feet of cool space for each resident, according to the final rules.

At a recent hurricane drill at FPL, Scott said the law he pushed should help ensure safety in a storm this season. “It was the right thing to do. It was horrible what happened last year,” Scott said, referring to the nursing home deaths.

The Agency for Health Care Administration can revoke or suspend a license of a nursing home or assisted living facility and impose administration fines if they violate the law, according to the rules.

The agency said it will issue a weekly online report on compliance, with the next one available on Friday.