For the entire state of Florida, there are a total of 3,781 nursing homes and assisted living facilities. Of these 3,781 installations, only 775 (20% of the total) had completed the planning steps for the installation of backup electricity generators. 40% of all facilities have received extensions to implement compliance plans. In addition, 39% did not respond at all by the June 1, 2018 deadline. If a Florida nursing home does not comply with generator laws, its actions may in itself constitute negligence. This means that their actions can automatically expose them to legal liability if you or a loved one becomes a victim. If they don`t comply with generator laws, you don`t necessarily have to take any extra steps to show how inappropriate the nursing home`s actions are. Although the deadline has passed, in South Florida alone, only 346 nursing homes and assisted living facilities out of a total of 1,444 (24 percent of the total number of nursing homes and assisted living facilities in South Florida) had taken the necessary steps to plan for the installation of backup power generators by June 1. The guideline of requirements established in 2018 is as follows: However, this does not necessarily mean that the facilities have taken all the necessary measures and measures. Nor does it mean that they have installed the necessary backup generators. It simply means that these institutions have submitted a comprehensive emergency management plan. That is, they submitted a plan for the installation of the generators or to maintain temperatures below 81 degrees Fahrenheit with a request for extension.
The state of Florida recently passed a new law regarding nursing home generator requirements. The law requires emergency power sources to be installed in all nursing homes, assisted living facilities, seniors` residences and long-term care facilities in Florida. The law came to light months after eight (8) residents died due to sweltering heat in a nursing home that lost power during a hurricane. Without an emergency power source, such as a diesel or natural gas generator, the nursing home was unable to maintain a reasonable method of heat dissipation, resulting in heat-related deaths. While the laws on nursing home generators in Florida are new, there are already federal regulations that govern temperature requirements in nursing homes in the United States. Federal Law 42 CFR 483.15(h) requires all senior care facilities to maintain a temperature between 71 and 81 degrees Fahrenheit at all times. The rule applies to all facilities for the elderly that are certified from 1990 onwards. Due to the tragic events of Hurricane Irma, Florida regulators have introduced new rules requiring nursing home operators to have generators to control the temperature in an emergency.
The new regulations require each plant to have the capacity to produce its own energy to regulate temperatures for a certain period of time in the event of a power outage. Nursing homes had a limited time to acquire the equipment needed to generate electricity. The Florida Legislature gave the government the power to make the Nursing Home Generator Act into Florida Act 400.23. The law states that the government can create rules to ensure the quality of home care, ensure safe and hygienic nursing homes, and improve the quality of life for people living in nursing homes in Florida. The government took it from there to respond to the events of Hurricane Irma by creating new laws for nursing home generators. Woodstock Power Company offers an all-in-one turnkey solution. From developing your comprehensive emergency management plan to installing generators, we can help. We also offer a more hands-free solution where we simply provide a new or used generator. Nursing homes and assisted living facilities must have a detailed plan („plan”) that includes the purchase and maintenance of alternative energy sources – such as generators – and fuel. The plan complements an institution`s comprehensive emergency management plan and must be submitted to and approved by the necessary authority. Although invoices do not require facilities to maintain any particular type of power supply system or equipment; Alternative power sources used by an installation must be able to maintain an ambient temperature not exceeding 81 degrees Fahrenheit for at least 96 hours after the loss of primary electrical energy.
This temperature must be maintained in areas of sufficient size to protect residents safely. Alternative energy sources and fuels should be maintained in accordance with local area restrictions and the Florida Building Code. In addition, the bills set additional requirements for nursing homes and assisted living facilities in evacuation zones, as well as for individual campuses and multi-storey facilities. Florida`s new retirement home law is Florida Administrative Rule 59A-4.1265. This is a regulation created by the Florida Health Care Administration Agency. This means that the Florida Legislature did not directly pass the Nursing Home Generator Act. Instead, they delegated the power to enact the law to the Agency for Health Administration. Florida`s new Nursing Home Generators Act requires assisted living facilities and nursing homes to purchase generators and fuel. The equipment they purchase must allow them to maintain the temperature in their facility at 81 degrees or less, even if they experience a power outage.
Small installations must be able to provide air conditioning for 48 hours. Large power plants must provide electricity up to 96 hours after a power outage. The requirements also vary depending on whether it is an assisted living facility or a nursing home. Nursing homes have stricter requirements to feed their vulnerable residents. There are additional requirements that are part of the new legislation. Institutions must prepare an emergency plan and report it to the Ministry of Seniors. The plan created by the institution must be a comprehensive emergency management plan. You must also pass an inspection by the florida fire marshall. The Fire Marshal conducts an inspection to ensure that the generator and fuel the plant obtains comply with legal requirements. The bills were introduced on September 28. March 2018 and required qualified entities to be compliant by June 1, 2018, unless the Governor grants an extension, with compliance expected by January 2019. Facilities that may experience delays caused by necessary construction work, delivery of ordered equipment, zoning or other regulatory approval procedures will be eligible for expansion if the facility can provide residents with an area that meets ambient temperature requirements for 96 hours.
Extensions are granted on a case-by-case basis, although so far the majority of Florida facilities have been granted an extension. In fact, it appears that more than 77% of nursing homes received an extension in the first week of June. In addition, facilities located in an evacuation zone in accordance with Section 252, FS must either evacuate their residents prior to the arrival of an emergency event or have an alternative source of energy and at least 96 hours of fuel stored on site within at least 24 hours of the granting of a state of emergency. Failure to comply with a provision may result in the withdrawal or suspension of an entity`s licence and/or the imposition of fines. As of January 2018, only 108 nursing homes and 138 assisted living facilities met the prescribed requirements.