Florida Supreme Court just abandoned nursing home residents...

mia

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Tue Dec-23-08 05:15 PM
Original message

Florida Supreme Court just abandoned nursing home residents...

Edited on Tue Dec-23-08 05:29 PM by mia

Justices: nursing homes exempt from records law
By BILL KACZOR - Associated Press Writer

Florida's "right to know" constitutional amendment that lets patients check records of medical mistakes by doctors and hospitals doesn't apply to nursing homes, the Florida Supreme Court ruled Tuesday.

The decision came in a lawsuit over the death of Marlene Gagnon, a nursing home resident in West Palm Beach who allegedly choked to death on coleslaw she had been served against her doctor's orders.

It means her estate cannot obtain the nursing home's incident report on Gagnon's death for a suit against Tandem Health Care Inc., which owns the facility. Tandem claims she died of a heart attack - not the slaw.

The amendment itself says it covers "health care facilities" and "providers" as defined in general law.

The high court agreed with a 4th District Court of Appeal ruling that state law doesn't include nursing homes among health care facilities....

http://www.bradenton.com/news/breaking_news/story/1115513.html

Thanks to the Florida Supreme Court, Florida is no longer a safe place to grow old or to be recovering from an illness. I wonder how many other states have enacted similar legislation.

I know it's a leap, but I'm afraid that Euthanasia is not far behind.

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Triana

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Tue Dec-23-08 05:17 PM
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1. Nursing homes were never safe places and...

...euthanasia is a better option.

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Donnachaidh

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Tue Dec-23-08 05:19 PM
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2. Nursing homes have NEVER been a safe alternative for the elderly

And anyone who thinks that is DELUSIONAL.

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Donnachaidh

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Tue Dec-23-08 05:21 PM
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3. Euthanasia won't be done by the nursing homes

At least not while the government will pay for the minimal care they provide. That would be like killing the golden goose.....

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KamaAina

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Tue Dec-23-08 05:22 PM
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4. Support the Community Choice Act. Barack does!

http://www.ncil.org/news/CCAActionHub.html#january08

Just as the hearing began, word spread that Barack Obama had released a statement on the Community Choice Act. His statement read,

"I support the passage of the Community Choice Act of 2007, which would allow Medicaid-eligible Americans with significant disabilities the choice of living in their community, rather than having to live in a nursing home or other institution. This legislation is vitally important to the independence, community integration, and equality of hundreds of thousands of Americans with disabilities."

Chairman Pallone (D-NJ) opened the hearing with a thoughtful summary of current legislation and its effect on Medicaid and Americans with Disabilities. He identified the CCA and CLASS Act as vital steps in the process of Medicaid reform. Representative Deal (R-GA) added that he supports the Community Choice Act as a means to ending the institutional bias. Representative Green (D-TX) spoke of the need to end the 24 month waiting period for Medicaid eligibility. Representative Capps (D-CA) underscored the tragedy of Bush Administration regulations and asked for testimony regarding the lack of a trained PCA workforce, poor wages for such a workforce, and advice on recruitment and retention. After many of the Representatives present made surprisingly positive and informed opening remarks and each witness had a chance to testify, members of the Subcommittee asked numerous questions, both on- and off-topic, clearly in an effort to figure out exactly what the crowd wanted of them. Undaunted by warnings to behave, the large orange crowd cheered unanimously in support of the Community Choice Act as witnesses each explained why the legislation is crucial to the communities they represent.

Witnesses represented the Kaiser Commission, the ARC of New Jersey, Family Voices, ResCare, Amerigroup, and ADAPT. ADAPT testified that when it comes to nursing homes, "you don't get better, you just get out." They underscored the fact that we need action in order to end the institutional bias, that it is unacceptable that people with disabilities must enter a nursing home in order to access assistance escaping one, and that the disability community is disserviced by the "disease categories" employed by CMS to assess people with disabilities and the services we need to maintain independence.

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mia

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Tue Dec-23-08 05:30 PM
Response to Reply #4

6. The Community Choice Act of 2007 sound like a life saver.

Literally. Thanks for the information.

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patrice

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Tue Dec-23-08 05:27 PM
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5. Interesting question, especially given the Boomers are getting older AND poorer. nt

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Mugweed

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Tue Dec-23-08 05:47 PM
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7. Republican run Florida?

Who would guess it? Those bleeding heart good ole boys in Tallahassee have always seemed so caring. I'm shocked.

Nursing homes, in general, exist to separate the elderly from whatever insurance money they have left...period.

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Donnachaidh

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Tue Dec-23-08 06:27 PM
Response to Reply #7

8. they also exist as dumping grounds for non-caring children

I'll probably get flamed for pointing this out, but there is (at least in my area) a segment of the younger adults who utilize nursing homes to get the elderly out of their *busy* lives.

One can only hope that KARMA smacks them upside the head at their weakest elderly moments.

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