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Florida November 9, 2017 2 mins read

18 Florida Nursing Homes Haven’t Complied Gov. Scott’s Emergency Rule

Florida ı By Marivic Cabural Summers

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Nursing Homes

Eighteen nursing homes in Florida haven't yet complied with the requirements of the  emergency rule issued by Gov. Rick Scott's administration.

In September, the Agency for Health Care Administration (AHCA) issued Emergency Rule 59AER17-1 after the nursing home deaths in Broward County.

Fourteen elderly died at the Rehabilitation Center of Hollywood Hills in the wake of Hurricane Irma. The elderly residents died after suffering in the sweltering heat because the nursing home didn't have generators.

Under the emergency rule, nursing homes and assisted living facilities (ALFs) are required to have sufficient resources including a generator.  They need to submit a detailed emergency plan to the AHCA by October 31.

Nursing homes could face a penalty of $1,000 per day

According to AHCA, the 18 nursing homes need to comply with the emergency rule on the set deadline or apply for a waiver. Incompliance will result to a fine of $1,000 per day or license revocation starting November 15.

In a statement, AHCA Secretary Justin Senior said it is important that nursing homes respond to the emergency rule. He emphasized that it is for the "safety of patients and residents in nursing homes."

Additionally, Secretary Senior said, “Our agency will continue to work to aggressively implement this life-saving rule. Our goal is compliance with the emergency rule, and we will continue working to bring facilities into compliance.”

Below is the list of nursing homes that have not complied with the emergency rule as of November 8.

List of Florida nursing homes that haven't comploied with emergency rule

Florida emergency rule faces legal challenge

Currently, the Scott administration is facing legal challenges concerning its emergency rule. The Florida nursing home industry filed complaints. They argued the timeline set by the state is impossible.

On October 27, an administrative judge ruled in favor of the nursing home industry. Judge Gar W. Chisenhall ruled that “it is impossible for the vast majority of nursing homes and ALFs to comply with the regulation with a deadline.”

According to the Scott administration, it was disappointed with the ruling. It would file an immediate appeal with the Florida First District Court of Appeal.

In a separate complaint, the First District Court of Appeal rejected the nursing home industry’s petitions for review of the emergency rule.

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Marivic Cabural Summers

Marivic has been a freelance writer/journalist for nearly 20 years. She strictly adheres to the ethical standards in journalism. For her, integrity is everything. Readers deserve to know that real story. She previously worked as research analyst and editor at Lombardi Financial and has written for various websites including The Motley Fool, ValueWalk, IcannWiki and was a news writer/radio program producer at Nation Broadcasting Corporation. Marivic holds a BA in Mass Communications.

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