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Gov. Scott Signs Legislation Requiring Emergency Generators at All Florida Nursing Homes and Assisted Living Facilities

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Governor Rick Scott today signed SB 7028 and HB 7099, which makes permanent the emergency rules requiring every nursing home and ALF in Florida to have emergency generators to keep residents safe. Governor Scott directed the Florida Agency for Health Care Administration (AHCA) and the Florida Department of Elder Affairs (DEA) to issue the emergency rules immediately following the tragedy at the Rehabilitation Center at Hollywood Hills during Hurricane Irma last year. Florida is one of the first states in the nation to require emergency generators at nursing homes and ALFs.

Governor Scott said, “The tragedy at the Rehabilitation Center at Hollywood Hills made it clear more needed to be done to ensure the protection of vulnerable Floridians during emergencies like Hurricane Irma. That is why I immediately ordered state agencies to issue emergency rules requiring each nursing home and ALF in Florida to have emergency generators on hand to keep residents safe. We fought aggressively to quickly implement this life-saving rule at facilities across the state and I am proud to sign legislation today that makes this rule permanent. Florida is one of the first states in the nation to require emergency generators at nursing homes and ALFs, and I appreciate the work of Senate President Joe Negron, House Speaker Richard Corcoran, and all the legislators who supported this important legislation. As we near the 2018 hurricane season, families can now know the facilities responsible for caring for their loved ones will have the resources needed to be fully prepared ahead of any potential storms.”

AHCA Secretary Justin Senior said, “Governor Scott has been clear since day one that the goal of this rule is to ensure a safe environment. With today’s bill signing, our Agency can move forward with implementing this emergency power plan rule to ensure that nursing homes and assisted living facilities are prepared for the start of the upcoming hurricane season. Florida faces an annual risk from Mother Nature, and these rules will help keep seniors safe during a possible devastating weather event or periods with prolonged power outage.”

Senator Lauren Book Files Legislation to Require Nursing Homes and Assisted Living Facilities to Have Working Generators

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Changes proposed in Irma’s wake to protect Florida’s most vulnerable

State Senator Lauren Book (D-Plantation) today filed legislation (SB 284) that would require nursing homes and assisted living facilities to have working generators. The proposed bill is response to the deaths of eight elderly residents at the Rehabilitation Facility of Hollywood Hills, following air conditioner failure within the facility in Hurricane Irma’s wake.
“There is no excuse for failing to protect those most vulnerable among us,” says Sen. Book, who co-signed a letter to Governor Scott requesting the Florida Department of Law Enforcement open a formal investigation into the tragedy. “The loss of eight lives at Hollywood Hills was completely preventable, and that is what is so heartbreaking about this situation. One of the residents who perished lived to be 99 years old – but because of air conditioning failure and human negligence in the days following a storm, this very special life was lost. We can prevent these things – which never should have happened in the first place – from happening again…and we must, for the sake of our senior citizens and their families.”
If passed, the legislation would add electricity and emergency power sources to unannounced inspections of nursing homes and assisted living facilities, as well as require equipment sufficient to provide adequate day-to-day electricity, a fully operational emergency power source, and a supply of fuel sufficient to sustain the emergency power source for at least five days during a power outage.
The Rehabilitation Facility of Hollywood Hills air conditioning malfunctioned on Sunday and elderly residents had to endure oppressive conditions for three days before an evacuation was conducted.
Sen. Book intends to continue to fight for the health and rights of all citizens – especially senior citizens in the state of Florida, making senior wellbeing a special focus during her term.
“This is just the beginning of a set of essential and long overdue reforms needed to help ensure Florida’s seniors are being cared for in the way we would wish for our own parents, or grandparents,” Sen. Book concludes.

Assisted living facilities, nursing homes and hospitals are receiving frequent wellness checks

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Before, during and following Hurricane Irma, health care facilities throughout Florida have been implementing emergency plans to keep patients safe. The Florida Agency for Health Care Administration and the Florida Department of Health is conducting frequent and vigorous outreach to facilities every day, which includes daily calls with hospitals, nursing homes and assisted living facilities. In-person wellness checks are being conducted for facilities when contact cannot be made or any facility that reports distress. All facilities are being directed to contact 911 if patients are in jeopardy. AHCA is staffing the facility hotline 24 hours a day at 1-888-419-3456. Both AHCA and DOH are working around the clock to ensure all ALFs, nursing homes and hospitals have the resources they need.
Health care facilities have been provided with multiple pathways to communicate their needs with state officials and local emergency officials. This includes convening daily calls with facilities in advance of, during and after the storm. Reporting includes the online facility reporting database, FLHealthSTAT. These multiple mechanisms allow health care facilities to communicate needs to state emergency officials, including power outages, generator availability, fuel needs, spot coolers, ice and any other needs.
Hospitals, nursing homes, and assisted living facilities in Florida are required to have emergency operation plans. Requirements vary by facility type, but are all based in statute and rule. A complete list is available here. Hospitals, nursing homes and assisted living facilities are required to submit and receive approval for their plans from either the county emergency management or local county health department (this varies among counties and/or facility type).
Facilities that are not regulated by the state, such as retirement communities, are advised to call local emergency management or 911 if you are in need of support.
Power restoration remains a top priority for the state, particularly for facilities that serve vulnerable populations. As of this morning, more than 70% of power in the state has been restored.
STATUS AS OF 1 PM FRIDAY, SEPT. 15
Assisted Living Facilities:
193 are utilizing generators
1,978 have power
182 have reported as being closed
177 have reported post-storm evacuations
Nursing Homes:
34 are utilizing generators
669 have power
10 have reported being closed
40 have reported post-storm evacuations
Hospitals:
2 are utilizing generators
299 have power
8 have reported being closed
7 have reported post-storm evacuations