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Florida Nursing Home Owner Shield: FL bill 670 a clear violation of federal statute

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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.  More

Florida’s most lucrative cottage industry: The Trafficking of Humans

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new-logo25Barbara Stone

 

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“Judges all over the country participate in this scam. The transfer of funds and real property is done under “color of law” through “court order” where a judge orders the isolation of the elderly from their loved ones and then allows falsified, fraudulent and extortive fees and expenses to guardians and their attorneys.” ___________________________________________________________________

Rampant abuse of and atrocities against the elderly, children and other vulnerable Americans is occurring all over America.

The arrest of family members in this situation is commonplace as they are desperate to remove their parents from corrupt guardians and unlawful courts

1470004_10200960591557963_1004750255_aThe abuse of the elderly by guardians is dependent on their ability to operate their enterprise in secrecy. They do this by filing fraudulent lies and slanderous allegations against family members to colluding judges to obtain unlawful orders under “color of law” that prohibit family members from seeing their elderly loved ones. By isolating vulnerable elderly people from their family members, the abuse and atrocities are done insidiously and without any eyes by the family on their abuse.

These guardians count on secrecy to deprive their “wards” of all services. They then divert the assets from the people whom they are entrusted to provide care to, to their own enterprise.  They sell their homes from under them, they loot and sell their possession, they engage in a feeding frenzy of their assets. More

Last Week To Address the Florida Springs and Aquifer Protection Act

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On Friday, the latest version of The Florida Springs and Aquifer Protection was posted at http://www.flsenate.gov along with an analysis of the bill.

The bill is scheduled to be heard by the entire Senate on Wednesday, April 30.

While much improved, the bill continues to put property owners in a very vulnerable position. Following is the CPR Bill Analysis:

The Florida Springs and Aquifer Protection Act

Analysis of CS/CS/CS/SB 1576

Introduction

The issue of protecting and preserving water in Florida must be addressed on two levels: water quantity and water quality. This bill addresses one of those issues: water quality.

The best vehicle for addresses the water quality issue is the Department of Environmental Protection’s Basin Management Action Plan (BMAP) process. It allows local stakeholders to address any and all potential pollution sources and remediate them in a site-specific manner. Only a lack of funding limits its speed and progress.

Problems with CS/CS/CS/SB 1576

After substantial, last minute changes in last Wednesday’s Senate Appropriations Committee, this bill still has the following problems which renders it ineffective in achieving springs and aquifer protection. More

5 Reasons to Defeat Nursing Home Bill

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 Health News Florida

Brian Lee of Families for Better Care

Brian Lee, executive director, Families for Better Care
The historic “compromise deal” between the nursing home industry and the trial bar now in Florida’s Legislature may soon become Florida’s most epic fail for elderly nursing home residents.  Here are five facts about the “sweetheart deal” that’s designed to rob residents of their rights: 

 

Fact #1—Culpable decision makers would be immunized from accountability in cases of resident abuse and neglect

For those residents who are harmed and seek a lawsuit, they would lose any and all ability to seek punitive damages against a corporate owner.  Immunity for culpable decision makers would be in all cases, regardless of the severity of the injury and almost regardless of the actions of the corporate shell investor.  Residents would also lose the ability to even sue the corporate owner that fundamentally makes the decisions on how a nursing home is run, how budgets are set and how much is skimmed off for profits.

Fact #2—Residents would be prohibited from accessing records
Nondisclosure of medical records will become commonplace under this compromise deal as the entire records section would be unenforceable.  If residents wish to examine their records and nursing homes refuse to furnish requested copies, then residents would be forced to hire an attorney to subpoena their records.  Since the vast majority of nursing home residents are Medicaid recipients who are unable to afford legal services, this bill disenfranchises them of their federally mandated right to inspect and request copies of records at anytime without hindrance.

Fact #3—Families expect Florida to keep staffing promise
The last time the Legislature gave the nursing home industry comprehensive tort reform (2001), Floridians got a strong staffing standard in return.  But in recent years, the Legislature has dropped those staffing requirements.  This downturn has negatively impacted resident care as 20 percent of Florida’s nursing homes now sit atop the state’s watch list for dangerous care.  Residents and families expect Florida to keep its staffing promise before considering any new tort reform.

#4—Investment capital is pouring into nursing homes
The nursing home’s bull market continued to rage through 2013 by stampeding market averages on its way to an unprecedented fourth consecutive year of strong growth.  Investment analysts raved about the booming market, saying:

  • “Skilled nursing stocks outperform … companies beat market averages in a bullish year.
  • “Senior housing sector … made it through the Great Recession in better shape, and with better returns, than any other real estate type.”
  • “Surging market and acquisition … a record year for number of publicly announced [transactions]. . . for the first time ever surpassed 200 announced transactions in a single year.”
  • “The breadth of the market is about as deep as we’ve seen it as the number of players does not appear to be shrinking.”

#5—Aon’s lawsuit study is flawed, not “independent”
For the second year in a row, Aon’s Long-Term Care General Liability and Professional Liability Actuarial Analysis is little more than a morass of self-reported nursing home data.

Aon used shrouded, unverifiable records supplied solely by the large nursing home chains in response to a data call (fewer than 10 percent of Florida’s facilities participated in the so-called study).  Aon willingly admits that data are “inherently uncertain” and have not been independently examined, which “could have a significant effect on the results of [Aon’s] review and analysis.”

Not surprisingly, Aon is a company that offers professional liability insurance for long-term care providers, making Aon part of the nursing home industry.

Protect elderly nursing home residents and their rights! Call your legislators and demand a “no” vote on (SB 670 and HB 569).

Brian Lee is executive director for Families for Better Care, based in Tallahassee.

 

 

Property Rights At Stake in the Florida Senate

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 The latest threat to property rights, not to mention just bad government policy, is
SB 1576 entitled, “An act relating to springs.”

It is scheduled to be heard in the Senate Committee on Environmental Protection and Conservation Thursday, March 20, at 8 AM. You can see the bill by going to

www.flsenate.gov and inserting the bill number in the search engine.

Many, if not most, Floridians recognize the need to protect water quantity and quality. And, that certainly means protecting Florida’s springs and aquifer. Politicians know this and some want to join the stampede to pass “something” to “protect” springs. But, don’t be fooled…SB 1576 will not do that. Here’s why

SB 1576 needlessly targets septic systems as a significant contributor to nitrogen pollution. More

Guardianship abuse: New laws coming to protect the predators

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Join us Sunday evening, March 8th, 2014 at 7:00 pm CST! More

Owning another human being: Guardianship Abuse

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Join us Sunday evening, March 2, 2014 at 7:00 pm CST! More

TS Radio with guest Dr. Sam Sugar

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5:00 pm PST … 6:00 pm MST … 7:00pm CST … 8:00 pm EST

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Listen Live HERE! More

Jury Finds Sheriff Not Guilty for Upholding Oath of Office

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Gun Watch 

c2013 by Dean Weingarten: Permission to share is granted when this notice is included.

Gun-Watch-LogoArizona – -(Ammoland.com)- It has become common for liberal fascists to proclaim that “only the Supreme Court” can interpret the Constitution.

Nothing could be further from the truth.

Every legislator, every elected politician, every police officer and person in the military takes an oath to uphold the Constitution and defend it against all enemies, foreign and domestic. They do not take an oath to follow orders given by the Supreme Court.

It is a myth that only the Supreme Court can interpret the Constitution. It was not always so, and legislators and juries commonly interpreted the Constitution in the United States before the “progressive” era. One of the strongest checks on government power is the power of the jury. A jury has the power to decide that a law is unconstitutional or that a particular application of a law is unjust.

In Florida, an elected Sheriff released a prisoner when the Sheriff believed the prisoners constitutional rights had been violated. A disgruntled deputy lined up another job, then accused the Sheriff of corruption. From wkzo.com:

BRISTOL, Florida (Reuters) – A Florida sheriff was acquitted on Thursday of charges that he committed misconduct and falsified public records when he freed a jailed man who carried a loaded gun without a permit.

Suspended Liberty County Sheriff Nick Finch, 51, had testified that he released Floyd Parrish from jail because he had a constitutional duty to uphold the Second Amendment right to bear arms.

Conservative organizations and activists opposed to gun control rallied to the sheriff’s defense after Governor Rick Scott suspended him last summer. Scott reinstated him shortly after the jury delivered its verdict.

So we have a very interesting case where a Sheriff acts on his principles, and is upheld in them by a jury of his peers.

Perhaps we will see the start of a trend.

Link to Gun Watch

About Dean Weingarten;
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Alternatives to guardianship: what they won’t tell you

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Join us Sunday Evening December 30th, 2012 at 7:00 CST! More

Elder abuse in Florida: Theft via probate court

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Join us Sunday evening December 16th, 2012 at 7:00 CST! More

Florida is a Zero-Tolerance State for Human Trafficking? Not really!

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new-logo25Marti Oakley               (c)copyright 2012 All Rights Reserved

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Florida zero-tolerance for human trafficking intentionally omits professionals who prey on the elderly for profit.

In tracking the rampant organized criminal activity across the country with regards to the abuse of elderly individuals [with assets] who are targeted by professional predators working within the probate system, Florida jumps to the forefront in the abuse, exploitation, and looting of personal assets of the info 2elderly. While Florida may have been at one time, the most desired state to retire to, it is now the preferred hunting grounds of professional predators who operate within and with the cooperation of the probate court system. This is human trafficking for profit.

From the Attorney General’s website:

“Contrary to some misconceptions, human trafficking crimes do not require any smuggling or movement of the victim,” says the Department of Justice on its website.

Florida’s status as a hub for human trafficking has state officials pushing a “zero-tolerance” policy toward criminals who exploit others for profit.

“It’s important to me because this is a crime against humanity, it’s truly modern-day slavery,” State Attorney General Pam Bondi said in an interview.

These should be comforting and reassuring words, and for the most part I presume that most find them so. Still, I wonder why Attorney General Bondi refuses to even acknowledge another form of human trafficking rampant not only in Florida, but across the nation. The trafficking of the elderly who committed what must be the new crime of, aging with assets. This is also a massive crime against humanity and which not one attorney general in the United States, including the US Attorney General, Eric Holder, will address.

Human trafficking professionals

Human trafficking affects human beings of all ages under numerous guises. We are all familiar with the global sex trade involving men, woman, and children, both male and female, of all ages. Florida it seems is a hot bed of human trafficking and not all of it is for sexual exploitation. In the mix of perverts, pedophiles, sadists, rapists and torturers and willing traffickers is a little known group of active predators known as professional fiduciaries, attorneys and probate judges whose stock and trade is the trafficking of the elderly w/assets] with one objective: looting the estates of the elderly while violating the civil rights of the targeted individual and regardless of the emotional or physical cost to the victim. These known predators are at work in every state targeting individuals under the guise of “protection” and then availing themselves of the victims assets.

Florida is not an isolated incident of elder abuse for profit. The GAO reports that across the nation, predatory fiduciarys steal an estimated 2.6 billion annually from aging seniors, laying claim to estates and all the financial and personal assets of the now imprisoned and isolated victim. Adult Protective Services, a national collection of state agencies, is supposedly there to protect vulnerable adults from abuse, neglect, exploitation and other threats. Instead, it is predicated upon a quota system that is directly linked to their agency expenses. Federal and state funding is formulated based on the number of victims claimed as “clients” in every quarter. And each and every quarter the quota is increased.

If the real intentions of APS was to protect vulnerable adults or the elderly, the streets are full of homeless people of all ages who need help.  These agencies step over these individuals to get to those who have assets and who can be exploited for profit”. Quote: Linda Kincaid, Elder Advocate, California) More

TS Radio: The rights of wards and conservatees

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Join us Sunday evening, November 25th, 2012 at 7:00 CST! More

Florida’s treatment of children, elderly wards is inhumane

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Bradenton Herald Bradenton.com

Published: November 15, 2012

Letters To The Editor

Florida’s mistreatment of incapacitated children is identical to its heartless care of elderly wards warehoused in institutions, as detailed in a Nov. 12 Bradenton Herald article.

Poor Marie Freyre, just a child, was brutally taken by the state hundreds of miles from her loving family to be confined to a nursing home with a known reputation of problematic care. Hours later, sweet Marie, traumatized by the separation and abrupt isolation from her family, screaming to go home, died of a heart attack.

To anyone who has ever seen a child or an elder ripped from his family, the sight and the haunting sounds are indelible in your memory. I have seen both.

In Bradenton, my 89-year-old father was taken from my arms and put into lockdown — for three weeks, with a no-contact order on him. As a state ward, no court hearing was held to release him to his family, despite Florida law requiring prompt hearings or automatic release within 72 hours.

How simple it is to follow the money trail. For this lockdown of my father, a Holocaust survivor with post-traumatic stress disorder and 456 hours in isolation, the hospital charged well over $40,000 to Medicare.

Marie’s nursing home was paid $506 a day but her stay was ended by her death, one half day after her admission.

Can a child or an elder die from state-imposed emotional trauma of isolation from her loved ones? Marie knows that for sure.

Beverly R. Newman, Ed.D.

Bradenton

Property Rights Decisions: Based on Science or Ideology?

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The “My Word” column in yesterday’s (July 26, 2012) edition of the Orlando Sentinel brings out an interesting point regarding the use of facts and science in allowing property owners to enjoy and use their land.

The Adena Springs Ranch near Silver Springs, Florida is comprised of nearly 25,000 acres. It is located in northeastern Marion County between Ocala and Ocala National Forest and they plan to grow cattle. Their website says they are committed “to raise and harvest the animals in a way that protects his neighbors and the environment.” For the details on their proposed operations visit: www.adenaspringsranch.com

Part of the permitting process includes applying for a water use permit. Last Sunday, the Sentinel wrote an editorial attempting to create fear that the granting of this permit would be gambling with the environmental purity and water resource of Silver Springs. Click HERE to read the article

The author of the “My Word” column responded by stating this fear is not based on any scientific evidence. None has ever been offered. In fact, the homework done by Ranch owner, Frank Stronach, led them to issue the following statement regarding the permit, “We know that it will not harm environmental or water resources or our neighbors. You can read his response HERE More

TS Radio: Florida Property Rights Coalition with Dan Peterson

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Join us Tuesday morning at 10:00 CST!

8:00 PST  … 10:00 CST… 11:00 EST

Listen Live Here!

CAllin # 917-388-4520

Dan Peterson is the Executive Director of Florida Property Rights Coalition, a fast growing group of property rights activists.  UN Agenda 21 calls for the end of individual property ownership and with the complicity of our own state and federal governments is moving ahead in their efforts to end or severely restrict individual property rights.

“Sadly, over the past few decades, there has been a steady erosion of these fundamental tenets of our nation. The ever-growing maze of regulatory restrictions on property use is placing excessive burdens on property owners. And, the growth of government and government owned property is contributing to the rapid disappearance of private property all together. These trends are growing at an alarmingly accelerated rate and must be reversed!

The CPR website is designed to help you in your advocacy for private property rights.”

Dan Peterson
Executive Director
Coalition For Property Rights
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To contact us:  ppj1@hush.com
Or Call:  320-281-0585 Skype

Without due process: Florida health care abuses were factors in elderly woman’s death, son says

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Big 3 News

By: Rusty Ray

(Editor’s note: Since we first aired this story on a live broadcast in January 2011, we learned that Mrs. Arlene English passed away on April 8 at the age of 89. New details about English’s quality of health care, provided by her son, Neil Roe, have been included in this article.) More

No Longer Will We Stand Idly By

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by Andrew Nappi, Florida Tenth Amendment Center 

The following is based off a speech given at Nullify Now! Orlando on 10-10-10

Isn’t it incredible that, despite all the historical evidence to the contrary, that anyone can still believe that the founders would’ve fought a long, cruel, bloody war just to exchange one central, overpowering government for another? And yet, these guys sitting on the courts want to define the limits of our freedom for the extension of greater government control. That is not the founders’ legacy. That’s not why we’re here today.

For these out of touch elitists, the Bill of Rights is just a historical curiosity – it’s quaint and doesn’t mean anything. But we know that the Bill of Rights is the very essence of state sovereignty. That’s why it was created, and that wasn’t lost on the founders.

In fact, at the North Carolina ratifying convention Samuel Spencer said, “It appears to me that the state governments are not sufficiently secured and that they may be swallowed up by the great mass of powers given to congress.” Was that prophetic? Just look what we have today… More

CCHR Florida: This document will help to protect you from harmful psychiatric drugs.

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Psychiatric Living Will – Get yours!

“The Citizens Commission on Human Rights of Florida is having an event to assist the public to get their psychiatric living will notarized and filed properly.” 

July 11th 5:30-7:30 – Bring Family and Friends

Protect your rights to reject psychiatric treatment.  A psychiatric living will is a document that you can carry with you at all times to help make known your objection to being treated by a psychiatrist or in a mental health setting. 

Many people choose to carry this document and give a copy of it to their closest friend, their attorney or the offices of the Citizens Commission on Human Rights of Florida.  This psychiatric living will stands as a means to communicate their objections to harmful psychiatric drugging, electro-convulsive therapy and other intrusive practices. More

Ken Salazar:Up to his neck in wild horse, oil and whales

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Live Link: Straight from the Horse’s Heart

R.T. Fitch Author of “Straight from the Horse’s Heart”

“Salazar then comes along and suggests a hair brained idea of buying/leasing land in the mid-west to ship all the horses to so that Americans can watch them die after being sterilized.”

Salazar Takes His Reign of Ineptitude to the High Seas

The Wild Horse advocates and Environmentalists have been screaming it for the past year and no one has listened, nothing has changed except that conditions have worsened.  The Obama Administration’s selection of Ken Salazar to the position of Secretary of the Department of Interior has been in question since the day of his appointment.  Muddled in rumors of collusion and ineptitude Salazar, a rancher by trade, has made it his hallmark to bumble and stumble his way through mismanaging his federal agency while ignoring congressional inquiries and public opinion.

The Department’s Bureau of Land Management (BLM) has accelerated their attack on native, American wild horses to the point that over 35,000 are now held in long term pens to which the taxpayer pays a hefty price to maintain. (they cost nothing left alone on their native, congressionally protected soil).  Salazar then comes along and suggests a hair brained idea of buying/leasing land in the mid-west to ship all the horses to so that Americans can watch them die after being sterilized.  (Great plan; why not save a billion or two and allow them to stay on the land that congress designated to them {ROAM Act} where they have been doing just fine for hundreds of years?) More

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