Generator Rule Presses Forward in Florida

In the wake of Hurricane Irma, several Florida nursing homes lost power. In the sweltering day that followed, eight residents at the Rehabilitation Center at Hollywood Hills died. Several others would succumb in the following days due to heat-related causes. The tragedy prompted Governor Rick Scott to call for a new rule requiring nursing homes to have a back-up power generator capable of running air-conditioning to keep temperatures below 80 degrees for 96 hours after losing power. Several nursing homes appealed the new law, and a Florida court has weighed in on their appeal, as the Seattle Times reports.

Governor Rick Scott has won the first round of legal battles concerning his new law. After several nursing homes and assisted living facilities appealed his new directive, the 1st District Court of Appeals issued their ruling.

The 3-judge panel was split 2-1 over the decision. Ultimately, they rejected the legal challenge to Governor Scott’s emergency rules. While a full opinion has not yet been released, the decision was made on October 19th.

The decision regarded whether there was an actual emergency situation warranting the new rules. The legal challenge about the actual rules is still ongoing.

Among other concerns that nursing homes and assisted living facilities have is the complexities of installing generators, along with the upcoming November deadline for compliance.

Have you or a loved one been the victim of abuse or neglect while residing in a nursing home or assisted living facility? Let the law offices of Schenk Smith fight for you. Our experienced attorneys may be able to help get you the compensation you deserve. Call us today.