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Providers and the Elders They Serve
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FHCA Requests Negotiated Rulemaking on Nursing Home/ALF Emergency Power Plans

Today, Florida Health Care Association requested that the Agency for Health Care Administration (AHCA) and the Department of Elder Affairs (DOEA) promptly initiate negotiated rulemaking pursuant to Florida Statutes 120.54(2)(d)1. Use of this process will allow the agencies to bring together long term care providers, representatives from generator companies, engineers, fuel experts, local emergency management personnel and our federal partners for meaningful discussion to meet the administration’s goal of ensuring that every nursing home and assisted living facility (ALF) has the ability to provide a cooled area of refuge for their residents during emergency situations.

FHCA was the only nursing home/ALF association that chose not to participate in a legal challenge to the rules. Rather, we chose to be solution-focused and continually offered to work with the administration so that long term care providers could meet the Governor’s directive. FHCA is asking all parties to use the Administrative Law Judge’s ruling to reset the discussion, exit the courtroom and come to the negotiation table to strengthen resident-focused procedures for facilities’ emergency power plans.

We believe that, through a formal rulemaking process with all stakeholders around the table, the agencies can properly develop rules that safely and timely allow facilities to meet the needs of their residents in emergency situations without risking unsafe generator installation or other unintended consequences.

Kristen Knapp
Director of Communications
Florida Health Care Association
kknapp@fhca.org or (850) 510-4389