News & Analysis as of

Emergency Rule

AHCA Sees the Light on Nursing Home Generator Rule, Unplugging Challenge

After Hurricane Irma made landfall in Florida, a nursing home in South Florida lost power, and several residents of that nursing home died allegedly as the result of increased temperatures caused by the loss of air...more

Florida Argentum Reports That Appeals Court Strikes Down Emergency Stay in Generator Case

Florida Argentum reports that the Florida’s First District Court of Appeal issued a response to its motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order...more

Appeals Court Strikes Down Emergency Stay in Generator Case

Florida’s First District Court of Appeal issued a response to Florida Argentum’s motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order invalidating Emergency...more

Positive Ruling On Generator Rules May Not Protect Owners In The Short Term

Notwithstanding what we consider a well-reasoned and proper ruling by an Administrative Law Judge against Governor Scott’s emergency rule on generators and fuel, cautious senior living facility owners may still want to submit...more

Florida Administrative Law Judge Invalidates Governor’s Executive Order Mandating Generators for Senior Housing Facilities

Last week, an Administrative Law Judge ruled against the governor and state agencies regulating senior housing communities, finding that the controversial emergency order did not address a true emergency and as written was...more

Florida Nursing Home Tragedy Causes Rethinking of Disaster Preparedness

The recent tragedy in which 12 Florida nursing home residents died when the facility lost power during Hurricane Irma is causing government officials to rethink disaster planning....more

Changes to Florida Emergency Rules for ALF and Nursing Home Generators

by Holland & Knight LLP on

As previously reported, Florida regulators have published emergency rules requiring nursing homes and assisted living facilities (ALF) to obtain generators and fuel sufficient to keep their facilities at 80 degrees or less...more

State of Florida Provides Additional Guidance on New Generator Obligation for Senior Living Facilities

Florida Argentum has worked with the Florida Agency for Health Care Administration (AHCA) and Florida Department of Elder Affairs (DOEA) to obtain clarification on several matters with respect to Governor Scott’s emergency...more

Emergency Rules Requiring Generators in Florida ALFs and Nursing Homes

by Holland & Knight LLP on

As a result of Hurricane Irma, eight nursing home residents died after a power failure in a Hollywood, Florida nursing home. In the wake of that tragedy, on Sept. 18, 2017, Florida regulators published emergency rules...more

Texas Medical Board Drops its Fifth Circuit Appeal To Bar Antitrust Challenge

by King & Spalding on

On October 17, 2016, the U.S. Court of Appeals for the Fifth Circuit granted the Texas Medical Board’s (“Board”) motion to voluntarily dismiss its appeal of the District Court’s decision on sovereign immunity in its latest...more

Florida Department of Environmental Protection Adopts Emergency Rule Imposing New Notice Requirements

by Carlton Fields on

In response to the storm-related sewage and sinkhole-related discharges at the Mosaic facility in Mulberry, Florida, the Department of Environmental Protection (DEP) published two rulemaking notices on September 27, both...more

INcatastrophes

by Cozen O'Connor on

On August 12, 2016, Louisiana Governor John Bel Edwards declared a state of emergency in response to historic flooding in Louisiana. The state of emergency is set to expire on Monday, September 12, 2016. The most recent...more

Implementation of California's New Groundwater Law Continues as DWR Releases Draft Emergency Regulations for Groundwater...

In 2014, the California Legislature adopted the Sustainable Groundwater Management Act (SGMA), which for the first time comprehensively regulates the extraction and use of the state’s groundwater. A significant milestone in...more

Shrinking Buffer Zones? Municipalities Now Have Discretion to Decrease the 1,000 Foot Requirement

by Garvey Schubert Barer on

Looking for a location for a licensed marijuana premises? Changes to the buffer zone requirements may be headed to your fair city. Previously, the Washington State Liquor and Cannabis Board (“LCB”) would not issue a...more

Texas Torches Telemedicine? Board Issues Emergency Rule

by Foley & Lardner LLP on

The Texas Medical Board issued an Emergency Rule with proposed changes to the practice standards and disciplinary guidelines for remote prescribing via telemedicine consults. The Emergency Rule states that the use of online...more

The Shale Play Today - October 2014

In This Issue: - West Virginia Aboveground Storage Tank Act Interpretive Rule Filed and Emergency Rule Out for Comment: The Aboveground Storage Tank Act was enacted in response to the January 9, 2014 spill that...more

New York DFS Extends Emergency Subprime Calculation Rule

by Ballard Spahr LLP on

The New York Department of Financial Services (DFS) recently extended for 90 days its emergency rule adjusting the criteria for determining when a Federal Housing Administration (FHA) mortgage loan is classified as subprime....more

New JAMS Arbitration Rules Offer Emergency Relief Procedures

by JAMS on

Parties choose arbitration because it provides for a controlled process. Within that process, there is one relatively rare situation when a party requires immediate relief to get a certain aspect of the case resolved quickly...more

State Water Resources Control Board Adopts Emergency Water Conservation Regulation in Response to Drought

by Best Best & Krieger LLP on

Regulation Requires Agencies to Restrict Outdoor Irrigation and Prohibit Certain Uses of Water - The State Water Resources Control Board has adopted an emergency regulation requiring local agencies to restrict potable...more

DOT Issues Emergency Order For Transport Of Crude Oil From Bakken Shale Region

On May 7, 2014, the U.S. Department of Transportation (DOT) issued an Emergency Order requiring all railroads operating trains containing bulk quantities of UN 1267, petroleum crude oil, Class 3, that either originates or is...more

Client Alert: PCB Discharges Prompt DHEC Emergency Regulation

by Nexsen Pruet, PLLC on

On September 25, 2013 the South Carolina Department of Health and Environmental Control (DHEC) filed an emergency regulation (Regulation) in response to multiple occurrences of illegal dumping of substances containing...more

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