Sustainability LONG-TERM

by jason hand

Ever increasing insurance and litigation costs continue to increase ALF operational costs. Today, the senior living industry needs the Florida Legislature’s help to survive. Statutory reforms are necessary to secure reasonable and measured solutions to stop this cycle and drive down insurance premiums.

Florida Senior Living Association (FSLA) is proposing to update Ch. 429 (ALFs) to provide assisted living facilities with the same procedural safeguards that exist for nursing homes:

• Ensuring Residents Can Pursue Lawsuits Against Those Directly at Fault: Specifies the class of persons who may be sued in the initial pleading for negligence, or a violation of a resident’s rights, such as the licensee and its management or consulting company, managing employees, and direct caregivers.

• Specifying How Claims for Damages Are Heard and Selected: Requires a trial court to hold a hearing

jason hand VP of Public Policy & Legal Affairs Florida Senior Living Association

and weigh admissible evidence before a punitive damage motion can proceed. Specifies when a claimant must elect either survival damages or wrongful death damages.

• Utilizing The Regulatory Process to Ensure Judgments Are Paid: Requires payment of a judgment within 60 days, unless agreed upon otherwise, or the ALF is subject to licensure sanction by AHCA.

• Establishing a Workable Framework for Releasing Medical Records: Revises provisions relating to the release ofa current or former resident’s records, specifically identifying who can request records, the types of records provided, and timeline for providing records.

Additionally, FSLA is proposing to update both Ch. 400 (nursing homes) and Ch. 429 (ALFs) to utilize specific, proven procedural safeguards in existing medical malpractice protections available to other health care providers (e.g., hospitals, doctors):

• EQUITY WITH CLAIMS BY ADVANCEDAGED DESCENDANTS: Provides ALFs and nursing homes with medical negligence protections of limiting noneconomic damages awardable to independent adult children of residents, who often are in advanced stages of life themselves.. Other health care facilities such as hospitals already have these protections.

• Expert Witness Requirements for Same Area of Practice and Experience: Revises the ALF and nursing home statutes to strengthen expertise and experience requirements necessary to qualify as an expert witness.

• Parameters for Admissibility of Highly Prejudicial Evidence: Prohibits the use of previous, unrelated AHCA surveys to establish general wrongdoings unrelated to the case at issue in ALFs and nursing homes.

FLORIDA ranks: WORST in ALF claim frequency at .70 per 100 occupied units

WORST in ALF loss rate at $1,496 per occupied unit

3rd WORST in ALF claim severity at $214,765

MARCH 27-28, 2023

TALLAHASSEE, FLORIDA

Advocacy Days 2023 was a huge success thanks to the inaugural class of FSLA’s Leadership Academy participants visiting legislators and advocating on behald of senior living. A great time was had by all!