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it seems like SB 1202, which was enacted
after the 2001 session and a long fight in Tallahassee , will not be given
the time to bear the fruits as intended. Remember, this bill was enacted
after many compromises and a huge rally in Tallahassee (see : Quality
First - AARP Rally for Long Term Care Reform 3-14-2001 ) under
the battlecry "Quality First"! The AARP and many consumer groups got together
to help convincing the legislators that this bill was necessary to protect
our Elders in need of Nursing Home Care. Remember, at that time the Nursing
Home industry hailed SB 1202 as the best thing ever! It was as well established
at that time that it would take some years to take effect. But, here we
go again! Without waiting for the results of all the reforms intended by
SB 1202, the industry is trying again to tip the scales in their favor.
Best regards
HELP! The following is from our dear friend Anna Spinella. Please review her brief comment's and the Nursing Home Bill Alert posted at our Web site.
CLICK HERE TO READ !
Dear friends, I am still plugging along - trying very hard to get the federal staffing bill moved forward with communications to Congress from all over the country. At the moment I am planning a meeting with Bob Graham - per attached info - and want him to be flooded with communications from throughout Florida and from elsewhere throughout the U.S. I (believe) I sent you a copy of my previous letter to AARP in Washington?? (if not, please let me know) I am trying to get other big groups involved, also. Will keep you advised.
The first Nursing Home bill for the 2002 Legislative session has been prefiled by Senator Ginny Brown-Waite. Here's a synopsis of the bill. It revises repeal date for exemption from public-records law for certain records re internal risk-management programs in nursing homes & assisted living facilites & exemption from public-meetings law for meetings of internal risk-management & quality-assurance committees in nursing homes & assisted living facilites. Amends s. 400.119 and is effective upon becoming law. For those of you that have followed inadequate nursing home care and legislation to improve the lives of those in need of care in Florida please make time to review actual language of this bill and offer your comments. Thank you. * SEE BELOW * One important question might be, what's the intent? Is this bill another attempt by members of our Legislature to diminish the importance of the Sunshinse Law or is this a prerequisite for 'good public policy' intended to protect privacy? The best to you and yours,
Cc: Honorable Governer Jeb Bush
Our dear friend and long time advocate for adequate nursing home care of the elderly, Anna Spinella, has indicated; reform of the Nursing Home industry is at a crisis stage. A crisis for the elderly and their families not the industry! To bolster her opinion read the following written by Joe Follick of the Tampa Tribune. Thank you Joe. http://www.tampatrib.com/floridametronews/MGASLHBKOLC.html It appears; the industry is winning the 'battle of the minds' of key Legislators in the Senate and House, especially, Speaker of the House, Rep. Tom Feeney and President Pro Tempore, Senator Ginny Brown-Waite in their efforts to thwart meaningful reform? Time is of the essence! Contact the Speaker, other leaders in the HOUSE and SENATE and our Governor to express your views. Let them know we're 'counting heads and taking names' on this particular issue. Send an e-mail, postcard, letter or telephone the offices of as many of the Legislators you can, as suggested by our AARP friends and colleagues. * SEE BELOW * It's especially important to contact your Legislative delegates before they vote YEA or NAY on the floor of the HOUSE and SENATE. As their constituents they need to hear from you. Please remember; these elderly folks don't WANT to be in a nursing home setting. They NEED adequate care and protection during their frail and infirmed years. Besides, one of us or a loved one might be in their situation someday? Stand up and be counted! Tell the stakeholders and those you've elected; they must not continue to protect the industry from its obligation to provide adequate staffing of nursing home facilities nor diminish the rights of those in their care. Enough is enough! The 'good public policy' promised by our elected officials in not 'trickling' down to the 'ordinary Citizens' in the Sunshine State. To date; the stakeholders continue to exercise their power and influence in Tallahassee to thwart meaningful reform of a variety of issues affecting the health, welfare and safety of the 'ordinary Citizens.' Nursing home care is simply the 'tip of the iceberg!' Uninhibited growth, increased taxes on telecommunication services, the failure to enact reform of homeowners rights to protect Citizens enticed to relocate to Florida are but a few examples. Our next dispatch might provide a clearer picture? However, it does appear; promises made by Executive and Legislative officials during an election cycle are gradually being forgotten as the stakeholders continue to exercise their power and influence in Tallahassee. Thank you for your consideration in these
matters.
We look forward to your response.
Any nursing home administrator will tell you that a nursing home crisis exists in Florida. Nursing homes, beset with lawsuits, are calling for lawsuit limits (caps). AARP is calling for better care to be provided in nursing homes. We are finding, in
Florida, that inadequate staffing most often leads to abuse and neglect
while inadequate regulation and control by the State keeps bad homes open.
All over the country we hear stories of nursing home residents improperly medicated, unattended in their beds or aimlessly wandering without supervision. Clearly the time has come for nursing home reform. In Texas, where lawsuits against nursing homes have also been numerous, AARP introduced a reform bill that became law in 1997. The law establishes guidelines for greater nursing home accountability. With residents’ care as our focus, accountability is key. Accountability that patients’ rights are protected. Accountability that quality care is given. Accountability that laws and regulations are enforced by the state. AARP salutes the many outstanding nursing homes providing excellent care. They demonstrate that adequate staffing, competence and commitment add up to quality. Often they provide proof that incentives like expanded benefits, increased wages and career opportunities help recruit and retain the quality of Certified Nursing Assistants so essential for good resident care. AARP has launched a multi-state nursing home reform campaign in which you are involved. In Florida, we’re advocating for quality care and preserving residents’ rights. In Texas and California, efforts are underway to improve and safeguard current quality legislation. Last February, we rolled out a reform bill to the Tennessee Legislature. And in New York, reform discussions were recently begun. Nursing home reform is especially “hot” in these states. But we know this issue crosses every boundary. We can’t afford to be silent. Especially not now, with innocent nursing home residents still dying from poor levels of care here in Florida. Please raise your voice for nursing home reform and let’s be heard in Tallahassee. During the next two weeks, the Florida Legislature will have the opportunity to prove its commitment to improving the quality of care in nursing homes and protecting the rights of the frail and vulnerable people who live in them. After months of discussion and debate, both House Bill 1879 and Senate Bill 1202 contain requirements that, if implemented, would improve care quality and strengthen the ability of the Agency for Health Care Administration to get rid of chronically poor performing nursing homes. Both bills require that nursing homes significantly raise their staffing levels - a measure that is critically important to improving care. Risk management and quality assurance are mandated for nursing homes, a measure most agree is necessary to solve the liability insurance crisis. Minimum fines are established and regulatory oversight is increased. But, improving care and protecting residents costs money. Most of the money going to the nursing home industry comes from the government, particularly the Medicaid program. So, if members of the Legislature are really committed to improving the quality of care, they will have to pay the nursing homes the money necessary for them to meet the high quality standards Florida’s citizens expect and fund the regulatory oversight necessary to ensure that those standards are met, and not allowing the homes take the additional payments as profit. Unfortunately, the Florida Senate has already begun to chip away at the quality provisions in Senate Bill 1202 by saying that we simply cannot afford to pay for these necessary improvements. We hope you will call and let your Senator know that we can’t afford not to. How many defenseless older people in these homes must die before our state government can take this responsible action. If we can afford hundreds of millions of dollars for a baseball stadium in South Florida, can we not find the funds for minimal care for our elders? Similar cost cutting measures are also expected in the House. Our position is that the Florida Legislature has an obligation to find the money required to fund the quality of care improvements necessary to ensure that our most vulnerable citizens are safe and well cared for. If you agree please call your Senator, Toll-Free, at 1-800-651-5481. Follow the voice prompts to enter your zip code, and you will be connected to their Tallahassee office. Remember, the Senate offices will be closed on Saturday and Sunday. So, if you don’t call by 3:00 PM on Friday please wait until Monday morning. The Senate expects to take action early next week so please call by Tuesday at the latest. -----------------------
END .. RED ALERT! ----------------------------------
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