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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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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.

Ammoland Click to read AmmoLand FTC Marital Disclosures Distributed to you by – AmmoLand.com – The Shooting Sports News source

Read more: http://www.ammoland.com/2013/11/jury-finds-sheriff-not-guilty-for-upholding-oath-of-office/#ixzz2jWlUPVNu
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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

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