Emergency rules requiring emergency power sufficient to maintain an ambient temperature of 80 degrees Fahrenheit or below for 96 hours in nursing homes and assisted living facilities have just been announced. All nursing homes and assisted living facilities MUST submit an emergency management plan by October 31, 2017, and fully comply by November 15, 2017, unless a variance is obtained.

A link to the emergency rule for nursing homes can be found here.

A link to the emergency rule for assisted living facilities can be found here.

What if your facility cannot timely comply?

Many nursing homes and assisted living facilities will not be able to comply with the emergency rule deadlines. If your facility cannot timely comply with the emergency rule or has questions, we can help.

Broad and Cassel LLP represents two major provider associations in connection with the emergency rules. We can assist your facility with:

  • Variance Petition: If you are unable to implement the applicable emergency rule’s requirements by November 15, 2017, we can petition the appropriate agency on your behalf and request additional time to comply with the emergency rule.
  • Notifications of Compliance: If you are already in compliance or able to get into compliance by November 15, 2017, we can prepare and submit a notification of compliance on behalf of your facility.

For preparation of the variance or notification of compliance, our rates are $1,500 for engagements entered into prior to October 13th and $2,500 for all engagements entered between October 13th and 24th. All other legal services will be charged at the blended hourly rate of $250.00 per hour. Due to the large number of variances and notifications of compliance we anticipate preparing, Broad and Cassel will not give priority to emergency rule petition engagements after October 24, 2017.

Please visit this link for a client information package. 

For more information, contact Jay Adams, Esq. at 850-681-6810 or via email at jadams@broadandcassel.com.