Emergency Rule Q&A

Most of you have probably heard about the Governor’s emergency rule requiring emergency generator power at assisted living facilities throughout the state. We understand many of you have questions, and we have reached out to the Governor and his agencies for clarification. We spoke with regulatory staff from the Agency for Health Care Administration and the Department of Elder Affairs and they provided clarification on a number of our questions. Specifically:
  • Facilities are required to maintain temperatures at 80 degrees or cooler in a common area large enough to keep all of its residents comfortable for a minimum of 96 hours. This is an important clarification as opposed to the understanding that facilities have to maintain a temperature of 80 degrees in their entire building.
  • Unfortunately, the deadline will not be extended for the implementation of this rule.
  • No federal, state, or local requirements or permits will be waived.
  • While piped-in fuel may be used as a secondary source, fuel sufficient to run the generator for at least 96 hours must be maintained on the premises.
  • If your comprehensive emergency management plan requires your community to evacuate, you are still required to comply with the emergency rule by acquiring and installing emergency power and fuel source.
  • All generators, regardless of type, must be installed and maintained on site.
  • If your CEMP already meets the requirements, you still must submit your detailed written plan as stated in the rule for confirmation.
A copy of the agencies’ Q&A is available here. We still support the Governor’s objective to protect Florida’s vulnerable population and we will continue to seek clarification on the implementation of this rule on behalf of our members.
Please continue to send your comments, questions, and concerns to DOEA and AHCA by email to ALFRuleComment@elderaffairs.org or BHFR@ahca.myflorida.com.