Summary of Emergency Rule

A Notice of Emergency Rule, 58AER17-1 Procedures Regarding Emergency Environmental Control for Assisted Living Facilities, was filed today by the Department of Elder Affairs (DOEA) at the direction of Governor Scott. A similar emergency rule was filed by the Agency for Health Care Administration (AHCA) concerning nursing homes.

The emergency rule is effective as of today, September 16, 2017, and requires compliance with certain provisions within 45 days and 60 days. The emergency rule establishes a process by which assisted living facilities shall obtain, operate, and maintain generator(s) and fuel sufficient to maintain an air temperature of 80 degrees for 96 hours (4 days) after the loss of electric power.

We are working to obtain clarity on whether the 80 degree ambient air temperature must be maintained in the entire building, the common areas, resident rooms, or any combination thereof.

The following is a summary of the rule requirements for assisted living communities (ALFs):

1. Within 45 days (Tuesday, October 31 st), file a plan with DOEA and the local emergency management agency which includes:

  • The plan to acquire a generator or generators sufficient to ensure the ambient temperature will be maintained at 80 degrees or below for 96 hours after loss of electric power.
  • The plan to acquire fuel sufficient to run the generator(s) for 96 hours.

2. Within 60 days (Wednesday, November 15 th ), the plan must be implemented.

3. The local agency may deny the plan.

4. The ALF must revise and re-submit the plan within 10 days of the notice of denial.

5. The plans will be posted on the county’s website.

6. The ALF must submit proof of plan approval to AHCA and DOEA within 48 hours of the approval.

7. The State Fire Marshal will inspect within 15 days of installation.

8. The ALF must implement policies and procedures for operation and maintenance of the generator(s) and fuel.

9. The ALFs licensee may be revoked for failure to comply.

10. Violation of the rule shall result in a fine of $1000/day.

We will continue to keep you updated on any new developments.