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First DCA Says Emergency Generator Rule Remains in Effect; Agreeing with Governor Scott

TALLAHASSEE, Fla. – Today, the First District Court of Appeal rejected a motion by the nursing home industry to invalidate the Governor’s life-saving emergency generator rule. The Court in a one-page order denied the nursing home industry’s claim that the emergency generator rule is not in effect as the appeals process continues. According to FS120.56(3)(b) and legal precedent, the Governor’s emergency rule remains in full effect. Yesterday, to make these important rules permanent, the Agency for Health Care Administration (AHCA) and the Department of Elder Affairs (DOEA) published their proposed permanent rule.

Governor Scott said, “I am glad that the First DCA rejected another challenge to our life-saving emergency generator rule. By having this emergency rule in full effect, we are ensuring that facilities across Florida are coming into compliance and are installing generators to keep their patients safe during a disaster. Instead of focusing on law suits, these interest groups should focus on ways to keep their patients safe.”

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