Rich calls on feds to reject Medicaid overhaul
TALLAHASSEE – Senate Democratic Leader Nan Rich (D-Weston) on Thursday called on the federal agency that oversees Medicaid to reject a proposal by the Florida Legislature to transfer hundreds of thousands of Florida’s sickest and poorest into managed care, a move Rich says will allow a select group of HMO’s to put the health of their business over the health of Medicaid patients. #“My Democratic colleagues and I voted against this proposal because there’s no way these companies can provide proper care for people who have serious, chronic health problems and still turn a profit,” Rich said. “Something will have to give, and unfortunately, we know from experience that these sweeping changes will result in a decrease in the level of care while HMO’s profit.” #
In a letter sent to the Centers for Medicare and Medicaid Services, Rich outlined the growing concerns from Floridians poised to be thrown into the Medicaid managed care system, and those who had been part of a similar, more limited pilot program. As a joint state-federal plan paid mostly by the federal government, Florida’s proposed expansion of the pilot program to the majority of the state’s 3 million Medicaid patients including nursing home residents cannot proceed without CMS’ approval. #
In Broward County, an elderly woman barely able to walk with a walker, after having multiple spinal surgeries and part of her lung removed, talked about how she had a 20-page notebook of names of orthopedists who would not see her because she’s in managed care. A young man who has been a quadriplegic due to a spinal cord injury from a car accident when he was 16 said he only receives two hours a day of nursing care. In Jacksonville, also part of the pilot program, a three time cancer survivor said she was denied pain medication after discharge following her latest surgery. And in Palm Beach, elder care attorneys warned of ‘granny dumping’ by nursing homes encouraged by financial incentives. #
“You can’t listen to these stories and believe for a second that these people will receive the basic care they need in a program controlled by health care executives,” Rich said.
Florida Nursing Home Attorneys - News

As a joint state-federal plan paid mostly by the federal government, Florida's proposed expansion of the pilot program to the majority of the state's 3 million Medicaid patients including nursing home residents cannot proceed without CMS' approval.

By Stacey Singer A little-known incentive buried in Florida's new Medicaid reform law will reward health plans for cutting numbers of seniors in nursing homes, several speakers said during a highly charged hearing on the law Tuesday.

A lesser known provision of Florida's newly adopted Medicaid reform law includes an incentive for health plans that can reduce the number of seniors in nursing homes, according to Florida elder law attorney Ellen Morris. This policy could result in a
One common concern came from elder-law attorneys, who say the overhaul will encourage managed-care providers to push seniors from nursing homes and into less-expensive home care, something the law's critics have dubbed "granny dumping.
Nursing Home Transition Programs may provide financial assistance for assisted living for Medicaid-eligible seniors leaving a nursing home after a 60-day or longer stay. In all the above cases, it is important to consult a lawyer, accountant or other
Nursing Home Abuse And Employee Culpability
One of the tragic sins against the elderly revolves around nursing home abuse and neglect. The elderly are often scared of reporting any incidents of abuse because they are afraid of the repercussions. They often feel that if they complain they will suffer even more abuse.
And what is even sadder is that when a victim of elderly neglect or abuse finally gets the courage to stand up for himself or herself they often realize that they can't find anyone who has enough courage to help them.
Most long term care residents will probably report abusive behavior to an innocent employee that they like and trust. Even though the resident is putting their faith into this person the employee may very well choose to sweep this information under the rug.
However, once an employee of a nursing home is given this information, he or she becomes as culpable as the person who perpetrated the neglect, abuse, or medical malpractice.
Nonetheless, the staff of nursing homes often choose to not report instances of medical malpractice, abuse and neglect that they are made aware of by their patients. This probably happens because the staff member is worried that if they report the allegations they will soon find themselves without a job.
If an employee is innocent of abusing his or her patients in a nursing home and feels that patients in the facility are being abused then it is their responsibility to get in touch with a reputable nursing home abuse attorney.
Sure, it will take courage on the part of the employee. However, by confiding in the attorney the employee will be better able to assess the situation. And the lawyer will be able to advise the employee about how they could effectively deal with the neglect, abuse, or medical malpractice that is happening where they work.
The alternative is not doing anything. Aside from being culpable, covering up such incidents paves the way for more incidents of medical malpractice, abuse, and neglect. Then, if a staff member has been apprised of the situation and hasn't reported it, he or she is equally responsible for the results of the abuse.
By speaking with a competent nursing home lawyer the innocent employee will have a better understanding of the intricacies of the laws that relate to failing to report abuse cases and covering up such incidents.
Even if a patient's mental capacity is questionable, once they report an abusive situation it is still advisable and suitable for the employee to seek the council of an attorney. And, if a patient habitually reports abuse - whether it actually exists or not - the employee is still legally obligated to report these incidents.
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Florida Nursing Home Attorneys handling nursing home neglect and elder abuse throughout Florida.
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