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Tampa Bay nursing homes not in compliance with generator law

“With the pandemic and all the infectious control problems, this is going to spiral out even more for the facilities that aren’t prepared.”

TAMPA, Fla. — While our nursing homes and those in assisted living continue their fight against the coronavirus, there is another threat they are dealing with: hurricane season.

It was summer in Florida when power went out in many parts of the state in the wake of Hurricane Irma.

Twelve people at a nursing home in Broward County died of heat-related illness after power was knocked out in their nursing home. The building didn’t have a back-up generator.

After that tragedy, lawmakers passed a law requiring all nursing homes and assisted living facilities to have generators and an emergency plan.

But, three years later, 10 Investigates has discovered some nursing homes still aren’t up to code.

FL-generator.com, a site put in place by the Agency for Health Care Administration states:

“Facilities are required to have an emergency power plan in place to ensure that resident occupied area temperatures do not exceed 81 degrees. These plans can include onsite generators, delivered generators, or shifting populations to locations that can maintain comfortable temperatures.”

But 10 Investigates found four facilities in the state without those required plans, three are in the Bay Area, including one in Hardee County, one in Sarasota County and one in Hillsborough County.

AHCA tells us the "no current generator" status indicates a facility has not provided appropriate information to the Agency about whether or not they have a generator onsite.

If facilities are unable to demonstrate compliance, additional sanctions will be initiated and may include fines and license suspension, denial, or revocation.

“A lot of question marks going into the season,” Brian Lee told 10 Investigates' Jennifer Titus.

Lee is with Families for Better Care, an agency that advocates for those living in nursing homes.

“Families should be concerned. They should be asking their facilities where the facilities are at in compliance,” said Lee.

Close to 200 across the state still don’t have an approved emergency plan.

In the Bay Area, Hernando County is the only county which has approved plans for all their properties.

“With the pandemic and all the infectious control problems, this is going to spiral out even more for the facilities that aren’t prepared,” said Lee.

Lee says these places need to be even more prepared now that we’re also dealing with COVID-19. He says some previously approved emergency plans need to be re-examined since the pandemic hit.

“One plan I saw, had folks congregating in a dining room area but that could be a disaster right now in this pandemic,” Lee explained.

The Agency for Healthcare Administration tells 10 Investigates they have issued 390 fines totaling more than $168,000 against nursing homes and ALF's for being non-compliant.

Lee says that proves we need stricter laws in place to save people’s lives.

AHCA tells us the following actions have been taken against assisted living facilities in the Tampa Bay Area:

-The Wirick: License renewal denied by AHCA; case is under litigation. 

-Adult Community Education Services Inc.: AHCA issued notice of intent to fine, and is in the process of imposing fines.

-Toria’s Assisted Living Facility II: Renewal application withdrawn by AHCA; case is under litigation. 10 Investigates called the owner of this facility who would not speak with us about this.

-Brisiana Manor ALF: Fined once. 10 Investigates spoke over the phone with a manager at this facility who tells us they do have a generator.

Click here to find out if your loved one's facility is prepared? 

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