Florida Appeals Panel Upholds Emergency Rules On Generators For Nursing Homes

Mealey's (July 27, 2018, 8:07 AM EDT) -- TALLAHASSEE, Fla. — A 2-1 panel of a Florida appeals court on July 25 affirmed the entry of two emergency rules that require elder care facilities to obtain generators and create fuel storage areas in order for the buildings to remain at or below 80 degrees in the event of a power outage, finding that the agencies that implemented the rules presented a sufficient factual basis of the existence of an immediate danger to public health, safety and welfare (Florida Association of Homes and Services for the Aging Inc. v. Agency for Health Care Administration, Department of Elder Affairs, Nos. 1D17-4024, 1D17-4025, 1D17-4102, Fla. App., 1st Dist., 2018 Fla. App. LEXIS 10264)....

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