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new-logo25Marti Oakley

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The Florida House and Senate recently passed a clearly protectionist bill. Fl 670, meant to shield the owners, investors, managers and other employees and individuals from liability for their failure to protect, and to ensure the well-being and rights of home residents, is a clear violation of federal code regarding these same individuals.

Rick Scott, Florida governor and holder of the largest Medicare Fraud Scam on record, dutifully signed this bill into law knowing full well that the abuse, neglect and deprivation of individual rights of nursing home residents would explode as a result.

Scott, apparently not remotely concerned with what is an obvious conflict of interest, or, against the best interests of nursing home residents, signed FL 670 into law.  This despite his active construction of the largest Medicare scams in US history.

10308126_655703157817352_3150440186206186545_nMiami officials exposed the fraud in June of 2009. Five states were involved and several fake businesses were found operating with the intent to defraud Medicare and Medicare Advantage for non-existent drugs and treatments for cancer and HIV. Scott, and seven other defendants were identified in the scam.

Guess how much time any one of them served for this fraud and theft? If you guessed “0“, you would be correct. Instead of going to prison for grand larceny, theft by deception or any other relevant charge, they paid 1.7 billion in fines and settlement and got a “get out of jail for 1.7 billion” pass.  Of course, we can find no evidence that the fine was actually ever paid in part or full. 

From: Political Correction Blog:

Rick Scott’s company, Columbia/HCA, paid a $1.7 billion settlement after pleading guilty to several charges. The fraud was so rampant under Scott’s leadership that some documents were brazenly “stamped with warnings that they should not be disclosed to Medicare auditors,” “some hospitals were knowingly inflating the numbers reported to the Government in the cost report to improperly raise total compensation,” and they “improperly included expenses for employee picnics, Christmas gifts and food for non employees at social functions as expenditures related to patient care in the cost report for its headquarters.”

Florida is already notorious for its ongoing trafficking of the elderly so that their estates can be looted by professional predators working with, and through, the kangaroo probate courts. The Florida legislature failed to pass any of the bills presented to it that would have protected patients, nursing home residents and families from exploitation by the predators in the probate system.  In fact, one Florida politician referred to the groups and families who protested the ongoing abuse and theft of estates by professional predators as “extremists and kooks”.

As for this new shield law:

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
Laws: Cases and Codes : U.S. Code : Title 18 : Section 242

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

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A reading of the bill includes this section, which is clearly the intent and purpose of the bill:

(b) Management or consulting companymeans an individual or entity

who contracts with, or receives a fee from, a licensee to provide any of the

following services for a nursing home facility:

1. Hiring or firing of the administrator or director of nursing;

2. Controlling or having control over the staffing levels at the facility;

3. Having control over the budget of the facility; or

4. Implementing and enforcing the policies and procedures of the facility.

(c) Passive investormeans an individual or entity that has an interest

in a facility but does not participate in the decision making or operations of

the facility.

(3) A cause of action may not be asserted against an individual or entity

other than the licensee, the licensees management or consulting company,

the licensees managing employees, and any direct care-givers, whether

employees or contractors, unless, after a motion for leave to amend hearing,

the court or an arbitration panel determines that there is sufficient evidence

in the record or proffered by the claimant to establish a reasonable showing

that:

(a) The individual or entity owed a duty of reasonable care to the resident

and that the individual or entity breached that duty; and

(b) The breach of that duty is a legal cause of loss, injury, death, or

damage to the resident.

For purposes of this subsection, if, in a proposed amended pleading, it is

asserted that such cause of action arose out of the conduct, transaction, or

occurrence set forth or attempted to be set forth in the original pleading, the

proposed amendment relates back to the original pleading.

(4)(2) In a any claim brought pursuant to this part alleging a violation of

residentsresidents rights or negligence causing injury to or the death of a

resident, the claimant has shall have the burden of proving, by a

preponderance of the evidence, that:

(a) The defendant owed a duty to the resident;

(b) The defendant breached the duty to the resident;

(c) The breach of the duty is a legal cause of loss, injury, death, or damage

to the resident; and

(d) The resident sustained loss, injury, death, or damage as a result of the

breach.

Nothing in This part does not shall be interpreted to create strict liability. A

violation of the rights set forth in s. 400.022, or in any other standard or

Read Entire bill HERE

With this bill in place, the chances of successful challenges to the abuse of nursing home residents is effectively rendered useless. Probate judges routinely refuse to allow any evidence into the record that disputes, refutes or shows the charges levied by predatory guardians and their attorney’s to be false and without merit. Now that the proprietors of nursing homes are made safe from accountability and responsibility for cutting funding, reducing staff to untenable levels, for neglect and abuse that occurs as a result of failing to adequately fund the nursing homes, the elderly in Florida are in very real jeopardy.

Maybe its time to vote out the extremists and kooks in the Florida legislature, and those whose loyalties and efforts provide protectionist bills for large campaign donors and the financial elite in Florida. Maybe, as a result of these people being so extremist in their actions and words, petitions for guardianship should be obtained for each of them so that they could experience life in a Florida nursing home first hand. They must be incompetent, therefore, they must be made wards of the state and stripped of their rights……..and their ill-gotten assets along with them.

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http://politicalcorrection.org/blog/200906240003

 

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