Additionally, all facilities must implement the plan within 60 days of rule’s effective date. Failure to comply with the rule will result to penalty of up to $1,000 and revocation of license.
The associations representing nursing homes and ALFs challenged the emergency generator rule. They argued that it is impossible to meet the timeline. There was no immediate danger or emergency justifying it.
According to Steve Balmer, CEO of LeadingAge Florida, “Some of our members are already compliant. They are before the emergency rule. The rest are working toward compliance now.”
Scott administration to appeal the ruling
In response to the administrative judge’ decision, Scott’s spokesman McKinley Lewis said it was “disappointing.” The governor is expected to appeal the decision.
In a separate lawsuit involving the rule, Florida’s First District Court of Appeals ruled in favor of the State.
The court rejected the industry’s argument that Scott’s administration did not provide legal justification for implementing the rule. The court denied the petitions for review of the rule.
