Court Rules Against Scott’s Nursing Home Order In Light Of FL Irma Deaths

FILE - In this Monday, Sept. 11, 2017, file photo provided by the Governor's Press Office, Gov. Rick Scott looks out the window of a C-130 as he assesses damage to the Florida Keys during the aftermath of Hurricane I... FILE - In this Monday, Sept. 11, 2017, file photo provided by the Governor's Press Office, Gov. Rick Scott looks out the window of a C-130 as he assesses damage to the Florida Keys during the aftermath of Hurricane Irma. Hurricane Irma delivered a serious punch to Florida agriculture but producers and officials have only barely begun to assess the damage to the state’s citrus, sugar cane and vegetable crops. (Jesse Romimora/Governor's Press Office via AP, File) MORE LESS
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TALLAHASSEE, Fla. (AP) — A judge has ruled there is not an immediate danger that gives Florida Gov. Rick Scott the authority to order nursing homes to install generators.

An administrative judge on Friday ruled against the Scott administration after nursing homes and assisted living facilities challenged emergency rules put in place after Hurricane Irma.

Those rules required nursing homes and assisted living facilities to have generators capable of providing backup power for four days.

Scott called for the rules after residents at the Rehabilitation Center at Hollywood Hills died in the days after Irma wiped out power to much of South Florida.

Scott spokesman McKinley Lewis called the decision “disappointing” and said the governor would appeal.

The 1st District Court of Appeal last week sided with the governor in a separate legal challenge.

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  1. As much as I truly despise Skeletor Scott, this seems like it was a prudent directive, particularly given the horrific climate change future facing Florida.

    Guess the Florida Nursing Warehouse Association pays its lobbyist’s well…

  2. At least Scott didn’t have to pay another $1.7 billion fine for Medicare fraud. So there’s that.

  3. I think Scott is right this time. People died because of a lack of electricity. Nursing homes in hurricane prone areas should plan for hurricanes and good hurricane planning demands backup generators.

  4. Agree with @maximus and @ronbyers that the idea is probably a good one. At the same time, I can see how the court could rule that this needs to be done by legislation rather than executive mandate, given that the emergency has passed. Of course, it’s arguable that climate change in and of itself is an ongoing emergency for Florida, but I don’t foresee Scott making that argument to the court.

  5. A broken clock is right twice a day.
    Frankly, I’m surprised that any type of medical facility wouldn’t be required to have back-up generators.
    Hell, even the library I work at has a back-up to maintain the climate controlled special collection and security systems. Valuable stuff indeed. But next to human life it’s nothing.

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