Florida Generator Rules Signed Into Law

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On Monday, March 26, 2018, Florida Gov. Rick Scott signed two bills into law that ratified the rules adopted by the Agency for Health Care Administration (AHCA) and the Department of Elder Affairs (DOEA). The rules require assisted living facilities (Rule 58A-5.036) and nursing homes (Rule 59A-4.1265) to acquire an alternative power source and fuel to ensure that ambient air temperatures will be maintained at or below 81 degrees Fahrenheit for a minimum of 96 hours in the event of the loss of primary electrical power. The facilities are required to develop and submit a detailed plan as a supplement to their Comprehensive Emergency Management Plans to the respective local emergency management agency for approval within 30 days of the effective date of the Rules. Plans previously submitted and approved by the local agency require resubmission only if changes are made to the plan.

Facilities are required to have implemented their plan on or before June 1, 2018. AHCA must grant a facility an extension until Jan. 1, 2019, provided the facility can satisfy certain requirements under the Rules. Facilities must notify AHCA if they elect to utilize the extension and keep the agency apprised of their progress to come into compliance with the Rules. If you need assistance with the development of your plan or requesting an extension, please let us know.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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