Hurricane health care issues weighed
Deaths of nursing home patients concern lawmakers.
TALLAHASSEE — Though she’s concerned that emergency rules requiring nursing homes and assisted living facilities to have generators and 96 hours of fuel supplies were vague, a leading House Republican said Thursday that state health care agencies should move ahead with implementing a pair of permanent rules.
Rep. Jeanette Nunez, a Miami Republican who chairs the House Select Committee on Hurricane Response and Preparedness, said she is will- ing to “let (the rulemaking process) continue to play out,” but she acknowledged that the process needs to be done in time for the Legislature to ratify the rules during the 2018 legislative session.
Nunez made the remarks after the select committee wrapped up five hours of discussion on the challenges to the health care system following Hurricane Irma.
Though the topics ran the gamut, much of the discussion circled back to the con- troversial generator rules Gov. Rick Scott’s administration issued in September following the deaths of resi- dents of the Rehabilitation Center at Hollywood Hills, a Broward County nursing home.
Eight residents died Sept. 13, three days after Hurri- cane Irma knocked out the facility’s air conditioning. Six more residents died after evacuation.
The e mergency rules require nursing homes and assisted living facilities to have generators and up to 96 hours of fuel by Wednesday to be able to power air-conditioning systems.
An administrative law judge last month invalidated the emergency rules, saying the agencies overstepped their legislative authority and that the health of the public wasn’t in imminent danger. The state has appealed the decision to the 1st District Court of Appeal in Tallahassee and maintains that the rules stay in effect during Democrat who noted that the appeal. a notice of the meeting was
Rep. MaryLynn Magar, published in advance and R-Tequesta, questioned that the agency should have Age ncy for Health Care been prepared to answer the Administration Deputy Sec- questions. retary Molly McKinstry about “I want details,” he said. the state’s continued threat While the administrative of fining or revoking licenses law judge said the emer- of facilities that don’t comply gency rules are invalid, the with the emergency rules, Scott administration also despite the invalidation by has said it will go through the judge. a process to put the genera
Magar pressed McKinstry tor requirements in perma- about whether the state was nent rules. That process can expecting a decision by take months. Also, Scott has the appellate court on the said he thinks the Legislavalidity of the rules before ture should put the requireWednesday and whether ments in law. providers would be able to Meanwhile, Sally Bishop, recoup any fines if the rules director of emergency manare found invalid. agement for Pinellas County,
McKinstry said licensure told the panel she had conrevocation was “permissive” cerns with the emergency and that before AHCA col- rules. lected any fines, providers She said the rules have would be able to challenge had the “unintended conthe moves in administrative sequence” of facilities no hearings. longer wanting to receive
While Magar gently pushed another facility’s residents McKinstry for answers, other “because they aren’t precommittee members were pared to be able to do what more direct. the rule requires for their
Rep. Sean Shaw, D-Tampa, own clients, much less take asked McKinstry questions in another facility’s clients.” about whether The RehaTraditionally, Bishop said, bilitation Center at Hollyfacilities that are forced to wood Hills was on a watch evacuate patients want to put list because of question- them in a similarly licensed able quality of care and the facilities. amounts of fines or penalThat means a hospital ties the state had assessed transfers patients to another against the facility. hospital, and a nursing home
McKinstry said she didn’t transfers residents to another know the answers a nd nursing home. assured the committee that The emergency rules, she she would provide them with said, could result in facilithe information. ties transferring residents or
That annoyed Rep. Jared patients to non-health care Moskowitz, a Coral Springs facilities, such as churches, which would not be good for the clients, she said.
Moreover, Bishop said state health care regulators should put more emphasis on facilities’ emergency-management plans during the initial licensure process as well as the renewal process. She said that state needs to put a “special emphasis” on emergency plans and have “strong enforcement.”
The panel also heard from Memorial Hospital CEO Aurelio Fernandez whose facility is across the street from The Rehabilitation Center at Hollywood Hills and helped care for evacuated patients.
Fernandez told the panel that his hospital system was able to operate efficiently during the storm because it had an emergency management plan and was prepared.
He said that the system has training that goes on daily and that the response was “nothing but remarkable.”
Beyond that, Fernandez said administrators need to trust their staffs and “empower them to do what’s right.”