Concerns raised by the senior living industry over proposed changes to Florida’s emergency management plan regulations led to an extension of the public comment period by the state agency that introduced the changes.
The Florida Agency for Health Care Administration extended the comment period, originally set to expire on Dec. 6, by two weeks to Dec. 20 for comments on proposed comprehensive emergency management and emergency environmental control plan regulation changes.
In 2020, the state legislature proposed changing a law allowing assisted living communities to be licensed without having emergency management plans in place, with the understanding that communities would seek approval of those plans within 30 days of licensure.
Florida law had required assisted living plans to have locally approved emergency plans in place before being licensed by the state, but some jurisdictions refused to review plans until the state licensed a community.
The proposed fix to this dilemma created complications, including new requirements for a statement of estimated regulatory costs. During a recent Florida ACHA workshop on the proposal, senior living advocates raised concerns that the proposed rules would increase industry operating costs, which would require legislative approval.
The proposals, they said, also would require assisted living communities to resubmit plans for approval for anything other than spelling or grammar corrections or changes to contact information, as well as require annual reviews of plans.
“These proposed changes could impact much more than anticipated, such as our business operations, our staff, our residents, emergency management operations, other communities we may evacuate to, companies that provide shelter, transportation, fuel, repairs, communications, etc.,” Jason Hand, Florida Senior Living Association vice president of public policy and legal affairs, told McKnight’s Senior Living.
Hand said that the FSLA, an Argentum state partner, has asked Florida AHCA to meet with its representatives, emergency management experts and other stakeholders to work together on the updates “so the resulting changes are comprehensively meaningful for all.”
Nick Van Der Linden, LeadingAge Florida director of communications, told McKnight’s Senior Living that the organization appreciated Florida AHCA extending the comment period and considering industry feedback.
“Emergency situations present themselves often in Florida, and open lines of communication between state agencies, providers and local officials are critical to effective response efforts,” he said. “We are working with our members and other interested parties who provided comments to ensure emergency management plans are comprehensive without becoming overly burdensome.”
