CONTENTS

Summary SB 1200
+ SB 1202

OFFICIAL STATEMENT
AARP - Reform Issue

FINAL PUBLIC HEARING
Staffing in Nursinghomes

N I G H T W A T C H M A N
NEW HEARINGS ALERT

Proposed Litigation Reforms

Approach to H.B.1993

Members

Members Bios

THE NIGHT WATCHMAN
NEWSLETTER
 

Bill Proposals create heavy arguments!

After long arguments in Task Force sessions the proposed bills for Long Term Care Reform are hitting the floor. The argument is already in full swing. It seems like the industry is pitted against the consumer again. It seems like we're dealing here with another industry, which is willing to fight against customer's protection. Only in this case most of the people in question are elderly folks, who need care! Since a lot of them are helpless against abuses, it seems like others have to fight their fight. You all have heard about abuses in Nursing Homes. If the industry would take care of their own bad apples, many of these discussions wouldn't be necessary. But since this is obviously not the case, proper government oversight is necessary. Easy court access for the abused has to be assured.
It seems like we're having here another big decision for the legislators to make:
Support the consumer, meaning the voter, by taking care that citizens are well protected against a deep-pocket industry, or, go against the citizens' rights and support the industry, hopefully in exchange for big campaign contributions?  TIME WILL TELL!


 
Governor Jeb Bush unveiled a Series of Elder-Friendly Initiatives

During a three-city tour today, Governor Jeb Bush unveiled a series of elder-friendly initiatives to be included in his forthcoming budget and legislative recommendations to the Legislature. 

The Governor was joined by Lt. Governor Frank Brogan, Elder Affairs Secretary Gema Hernandez and Agency for Health Care Administration Secretary Ruben King-Shaw to promote elder-friendly programs during visits to the Miami Jewish Home and Hospital, the Palm Beach Assisted Living Facility and the newly designated, elder-friendly, soon to be elder-ready City of Dunedin. 

"For the sake of our greatest generation, it is my hope that we can build on our past successes and make this year's Legislative session the most elder-friendly session ever," said Governor Bush.  "At the very least, we owe our elders two things. We must help fight the war against loneliness for those elders in the twilight of their lives, and we must provide an energetic and entrepreneurial Florida for those who are just entering their golden years."

During the tour, the Governor highlighted the administration's budget proposals for next year that include an additional $52.4 million to provide expanded options for elders to age in place - an increase of 15 percent over last year's budget.  In addition, the Governor's budget provides $46 million to improve quality of care in nursing homes, and $30 million to provide prescription drugs to low income elders. 

The Governor's Elder-Friendly Initiative includes:

LONG TERM CARE REFORM:
The Governor has supported several of the ideas generated by the Long Term Care Task Force that was chaired by Lt. Governor Frank Brogan and is proposing new funding and statutory changes that will enhance the quality and quantity of care options for our aging Floridians. 

NURSING HOME QUALITY CARE IMPROVEMENT:
For those frail elders who need the type of care that can no longer be provided in a community alternative, the Executive Budget proposes $46 million in new funding to improve the quality of nursing home care.  Since Governor Bush took office, funding for nursing home care has increased from $1.56 billion in fiscal year 1999/2000 to a recommended amount of $1.77 billion in fiscal year 2001/2002 - a 13.7 percent increase.  These new funds will be used to improve staff training, decrease staff turnover and increase staff-to-resident ratios. 

LONG TERM CARE LITIGATION:
One of the more serious threats to the continued availability of quality long term care for Florida's senior and frail residents is the drastic increase in lawsuits against nursing homes and assisted living facilities.  Nursing homes in Florida are three times more likely to be sued than nursing homes in other states.  The average amount of claims against nursing homes in Florida is two and one-half times greater than the average amount of claims in the other 49 states.  The average cost of liability insurance per nursing home bed in Florida is eight times the national average.  Within just the past several weeks, the Agency for Health Care Administration, in accordance with the law, notified over thirty assisted living facilities that they must either obtain liability insurance or close their doors.  This is unacceptable.

Florida's elderly and infirm residents deserve special protection in the law.  Certainly when nursing home or assisted living facility residents are injured or their statutory rights are violated, there must be an avenue for redress in the courts.  Unfortunately, the same law that protects is being used to drive quality long-term care facilities from this state.  Lawsuits against nursing homes and assisted living facilities should be subject to limitations similar to those that apply to nearly all other legal actions.
Attorney's fees should not automatically be recoverable.  The amount of punitive damages assessed against long term care facilities should not be limitless.  Caps on non-economic damages should apply in certain cases.  The system should be designed to encourage quick resolution of claims through arbitration, much like in medical malpractice cases.  The statute of limitations should be reduced.

INCREASED FUNDING FOR COMMUNITY CARE ALTERNATIVES:
The Governor's budget includes an additional $52.4 million for community-based options in long-term care for elders.  A portion of these new funds will be used to expand the Managed Long Term Care Pilot program by an additional 553 elders.

This brings the total increase in community care funding for elders since Governor Bush took office to $127 million - a growth of 63 percent. Contained within this $52.4 million increase is $42.4 million in new funds to provide care to elders in their homes or communities and $10 million in new funding to assist family caregivers in their care giving responsibilities, including respite care, assistance in gaining access to needed services, individual counseling, and solving problems related to their care giving roles. 

CREATION OF AN INTEGRATED LONG-TERM CARE PILOT PROJECT IN DADE AND PINELLAS
COUNTIES: 
Governor Bush is seeking a better way to integrate all services required by Florida's elders.  To this end, the Governor has directed the Department of Elder Affairs and the Agency for Health Care Administration to develop pilot projects that will include in one program, the management of an elder's healthcare and long-term care services.  These services will include acute care by Medicare and Medicaid as well as the management of Medicaid long-term care services such as home and community-based care, assisted living and nursing home services.  These pilot projects, expected to be located in Dade and Pinellas Counties, will maximize coordination of services and increase flexibility to meet the consumer's needs. 

HOME HEALTH FEE INCREASE:
Also included in the Governor's budget is $2.5 million to increase Medicaid fees for home health agencies. This is the first such increase since 1987.  A fee increase for home health is important to elders since many are reliant on in-home medical care to avoid admission to a hospital or nursing home.  Federal funding for home health services has decreased in recent years making access to these services less certain for elders.  If adopted by the Legislature, the Governor's proposal will increase fees for a home visit by a licensed nurse by 11 percent, and by a home health aide by 13 percent. 

PRESCRIPTION DRUGS FOR LOW-INCOME ELDERS:
The Governor's proposed budget includes $30 million to fund a new program that began this month to assist low-income elders in obtaining needed prescription drugs.  It provides prescription drug coverage to certain low-income elderly who are dually eligible for Medicaid and Medicare. Residents 65 and over with an income between 90 and 120 percent of the federal poverty level will receive monthly cash benefits for prescription drugs of up to $80. A 10 percent co-payment is required. In addition, the law requires pharmacies that participate in Medicaid to provide discount drug pricing to all Medicare beneficiaries who are Florida residents resulting in an average savings of up to 10 percent per prescription, brand name or generic. 

ELDER-READY COMMUNITIES:
Governor Bush is encouraging communities and businesses to attain an "Elder-Ready" brand from the state which will greatly improve the livability of a community for elders.  An elder-ready community has: easy access to drug stores, reliable transportation to medical care, pedestrian-friendly traffic lights and walkways, adequate lighting in public places, call boxes to enhance safety, zoning for elder-friendly housing, adequate health providers with gerontological training and much more. 

The City of Dunedin today is presenting an assessment of their status as an "Elder-Ready" Community to Governor Bush and Secretary Hernandez.  After seven months of surveying the community's accessibility to elders, city planners and volunteers will now develop a plan to improve Dunedin's
elder-friendly atmosphere.  At least 11 other counties and cities across Florida are working with the Department of Elder Affairs to attain "Elder-Ready" status. 

SENIORS AND SAVERS TAX RELIEF:
The Governor recommends this year that the Seniors and Savers Tax, otherwise known as the Intangibles Tax, be reduced by an additional $277 million on an annual basis, removing almost 500,000
taxpayers from the rolls. This is the third step of a four-year plan to completely phase out the tax. This insidious tax burdens the elderly, diminishing the only source of current income for many retirees living in Florida and posing an excessive burden for those depending on a modest life savings to support them in their later years. Among non-business taxpayers, senior citizens pay 72 percent of the tax.

VETERANS' NURSING HOMES:
Last year Governor Bush and the Florida Legislature supported $8.9 million for the staffing and operation of a new 120 bed, state-of-the-art, veterans' nursing home in Pembroke Pines. Additionally, $12 million was appropriated as the first half of the state's share of the construction money necessary for the next two new nursing homes; one in Charlotte County and one in Bay County.  The Pembroke Pines home will be dedicated by Governor Bush on January 29 and will begin accepting its first residents shortly thereafter. The Governor's Budget priorities for next year include an additional $12 million to complete the state's share of the construction funds for the new homes in Charlotte and
Bay Counties.   This will bring the number of veterans' homes in Florida to five when these two new facilities open next year. Only two veterans' homes were operational in Florida when Governor Bush took office. Combined, these five nursing homes will serve 600 veterans annually in addition to the 150
veterans who reside in the veterans' domiciliary.

During his visits, the Governor noted many of the recent accomplishments of the Bush/Brogan Administration and the Legislature on behalf of elders including:

· Completely eliminating the list of elders waiting for Community Care for the Elderly services. 

· Historically increasing funding for programs to serve elders in their homes and communities by $127 million, a 63 percent increase since taking office, thus avoiding the need for hospital or nursing home care, 

· Implementing the Managed Long Term Care Pilot program.  During his 1998 campaign, Governor Bush noted that a pilot program to divert elders from nursing homes into community care settings had still yet to be implemented after two years.  Implementation of this diversion program became a top priority for the Governor when he took office, and to date this program has diverted 815 elder Floridians in Orange and Palm Beach Counties from nursing home care by providing intensive services to them in their homes. 

· Creating a prescription drug benefit for low-income elders and a prescription drug discount for all Medicare-eligible seniors. 

· Implementing the Consumer Directed Care Project, which allows elder consumers to receive cash rather than direct services.

· Working with the Legislature to create the Statewide Public Guardianship Office. This office facilitates the establishment of local public guardianship offices and provides training, uniform standards, and
statewide oversight of community-based public guardian programs. Public guardians assist incapacitated elders and others in making medical and financial decision.


 
We think it's important for these Task forces to have Webpages in order to help to keep us citizens informed.
So we asked 
Jerry Melvin, R- Representative - Florida House District 4
by e-mail on 9-13-2000, if he would  help to suggest establishing a Web Page for this Task Force. Within an hour we had the following response:
Thanks so very much for taking the time to contact.  I'm making the recommendation for the web page today.  Appreciate.  Jerry

Thank you so much for trying to help, Jerry!
We always appreciate when our legislators show
that they have an open ear for our requests!