This evening, AHCA and DOEA provided an updated to the Q&A document originally issued September 21st. They also created an FAQ document regarding Petitions for Variance or Waiver of an Agency Rule. These documents can be found on AHCA’s Assisted Living Facility webpage under Notices/Updates.
While we support the Governor’s objective to provide generators for emergency power in all ALFs, we believe the complexity involved requires more time than the emergency ruleallows. Florida Argentum members have determined that the best path forward is to file a rule challenge to invalidate the rule rather than having each community file a variance or waiver from the rule. The rule challenge is scheduled for hearing on October 12th & 13th with an expected final order on or before October 30th.
In the meantime, you should continue efforts to comply with the emergency rule, document any obstacles that you encounter in the process, and consider all of your options. Please continue to send your comments, questions, and concerns to DOEA and AHCA by email to ALFRuleComment@elderaffairs.org or BHFR@ahca.myflorida.com.
We will continue to send updates as they become available.