Mike Finch II @MIKE_FINCH2

Dozens of long term care providers in Volusia and Flagler counties were not in compliance with the state’s disputed rules requiring nursing homes and assisted-living facilities to have generators installed in the case of a power outage.

State regulators said emergency plans have not been received for some 1,200 ALF operators and 100 nursing homes across the state, releasing the names and location of each one last week in a press release.

According to the list, there are 38 ALFs and two nursing homes in the two-county area that could face a fine of $1,000 a day or lose their license if they aren’t in compliance by Wednesday.

But some local ALF operators, when reached by The News-Journal, were surprised to learn they were included on the list, saying they had already submitted plans to the state or requested waivers. Others found the cost too challenging or assumed the state didn’t have the legal authority to enforce the rules.

Ordered by Gov. Rick Scott after eight residents were found dead in a steaming South Florida nursing home following Hurricane Irma, the emergency regulation required nursing homes and ALFs to have generators that support air conditioning and fuel stored on-site. Another six residents at the Center for Rehabilitation at Hollywood Hills died after the facility was evacuated.

Scott’s order was challenged by three industry groups in administrative court and a judge ruled against the government agencies, invalidating the law. The Scott administration has appealed the ruling and is moving to enforce it as if the regulation were in effect.

A number of nursing homes were incorrectly included on a list released by the Agency for Health Care Administration. It seems the Department of Elder Affairs’ list for ALFs was riddled with the same mistake.

“I think there

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