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Legislature acts to protect residents of nursing homes

Cutler Bay News - 4/10/2018

As we all now know, 14 elderly souls died after Hurricane Irma because the nursing home in which they resided did not have electricity after the storm. As a consequence, they "overheated" and died. Well, there is good news - the Florida Legislature and governor have placed $37.1 billion in this year's fiscal budget to be used across six healthcare and social service agencies.

Florida's Medicaid program is the largest recipient at $29.2 billion and Children and Family Services will receive $1.7 billion. Those living in nursing homes will receive a 25 percent raise, from $105 per month to $130 monhly. Nursing homes now are required to have generators with enough fuel to cool buildings during elongated power outages. The moneys are all coming from Florida taxpayers but my favorite part of the legislation is not tax based.

Starting this fiscal year, nursing homes that receive Medicaid dollars will be paid on a set formula. These providers must meet certain "direct patient care" requirements as well as "quality of care" requirements. In other words, if a nursing home only meets a minimum standard, they will be paid a minimum amount and given a set amount of time in which to bring the "home" up to the formulaic standard. As the homes hire more qualified staff and add amenities to its building and programs they will receive larger payments. As one lawmaker put it, they have to spend money to make money.

On Mar. 26, Governor Rick Scott signed into law a bill that requires both nursing homes and assisted living centers to have generators to receive a license. These generators must be installed by June 1, 2018, the beginning of the hurricane season.

As a seniors' advocate, I'm thrilled that our state government realized how badly these "homes" were treating their patients. Yet, it took senseless deaths to have a focus placed on how our greatest generation and aging or ailing baby boomers are treated when they no longer can treat themselves. That is where we must be more vigilant.

As I write this, I cannot help but remember the 17 people who died very prematurely at the high school in Parkland. And, yes, because of the deaths and the students' activism we've put in some stricter state gun regulations. Also many large gun sellers now are refusing to sell to anyone under 21. Still, much like our senior citizens, why must it take death to examine our mores and ethics.

Frances Reaves, Esq., a graduate of the University of Miami Law School, spent 10 years as a litigator/lobbyist. Today, she Is an accomplished business woman who, when her parents could no longer take care of themselves, learned the ins and outs of senior care (or the lack thereof). She founded Parent Your Parents to assist seniors and their children through the myriad pitfalls and options of "senior care" in the 21st Century. If you have any questions or comments contact Frances at hfrancesr@parentyourparents.com.

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