Please see the below statement from the Agency for Health Care Administration (AHCA):
“The Agency for Health Care Administration (AHCA) provided additional information about the Emergency Power Plan Rule. This does not repeal or modify the requirements of the Emergency Power Plan Rule. Nursing homes and assisted living facilities are still required within 60 days of the rule being published to have working generators and 96 hours of fuel to keep patients safe and comfortable.
“This information outlines the rule variance process where under extreme circumstances beyond a facility’s control, a facility can request more time to comply with this life-saving rule per Florida law. Each variance request must contain: steps the nursing home has taken to implement the rule, specific circumstances beyond the facilities control that have prevented full implementation, what arrangements have been made to fully implement the rule, a plan to inform residents and their families of the variance request, and an estimated time of full compliance with the rule. Each request will be thoroughly reviewed for consideration by AHCA.
“Yesterday, Governor Rick Scott directed AHCA and the Department of Elder Affairs (DOEA) to begin the full rulemaking process to make the emergency power plan rule permanent. Again this variance process is already defined in Florida law and does not change the emergency rule that was issued on September 16th in any way. AHCA will continue to aggressively enforce this emergency rule to keep patients safe.”