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A Notice of Emergency Rule, 58AER17-1 Procedures Regarding Emergency Environmental Control for Assisted Living Facilities, was filed September 16, 2017 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 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.  Florida Argentum is 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):


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