Long-term care facilities in Florida that have yet to install permanent or temporary generators under new emergency preparedness requirements could lose their licenses, according to the head of the state’s Agency for Health Care Administration. 

“I have communicated strongly with the nursing homes [and] the assisted living facilities, that I will be reluctant to grant variances beyond the end of this year,” AHCA Secretary Mary Mayhew told WKMG-TV.

“We absolutely will take action against their license if we can demonstrate that they have failed to make good faith efforts to come into compliance with this law,” she added. 

Determinations regarding the removal of licenses “will be made once all other remedies or penalties have been exhausts,” Patrick Manderfield, the agency’s deputy of communications, said in the report. 

Florida providers are now required to have emergency generators and access to backup power under new emergency power plan regulations following 2017’s Hurricane Irma and the death of 12 residents. In September, Mayhew urged providers to get in compliance with the new law and stated that she would be “reluctant” to approve any variances beyond 2019. 

“For those who have not made good faith efforts to come into compliance, we have already issued fines, and we will continue to either take further fine actions, or we will be addressing it through their licenses,” Mayhew said. 

Most in compliance

The Florida Health Care Association noted that “the overwhelming majority” — or more than 82% — of the state’s nursing homes are in compliance with the generator requirements. 

The organization said it fully supports the requirements under the new law. It added that members are “working continually toward final permanent generator installation and remain committed to completing their projects as quickly as possible, but this work must be done safely to ensure that there are no risks of other hazards.” 

“Permanent generator installation involves careful collaboration among state and local officials, emergency managers, utility companies, architects, contractors, and engineers, to name just a few, and the design, installation, and approval process is a time-consuming process that can include unexpected delays,” the organization said in a statement to McKnight’s Long-Term Care News. 

“Our overarching goal remains keeping our residents safe during disasters, and that is why emergency preparedness is something FHCA and our members practice year-round. Even as we work to get through the installation process and paperwork requirements for every generator, we are committed to the highest levels of care for those entrusted to us,” it added.

In a statement to McKnight’s Senior Living, LeadingAge Florida noted that 97% of assisted living communities are in compliance with the requirements of the emergency power rules and have the ability to keep residents safe during power outages. 

“At this point, if a community has not made a good faith effort to come into compliance with the rule, then AHCA’s enforcement actions may be warranted. LeadingAge Florida has, and continues, to support senior living providers that promote quality care and safety for residents,” said Susan Anderson, LeadingAge Florida’s director of assisted living public policy, told McKnight’s.