Friday, June 13, 2014

Governor Signs Favorable Long Term Care Bills into Action

On June 13, Governor Scott signed three important bills into law that will have a positive impact on the long term care profession.

NURSING HOME LITIGATION REFORM

CS/CS/SB 670 will become effective immediately.

This law introduces realistic and responsible limits to lawsuits against nursing homes and will:
  • Ensure that residents can pursue lawsuits against those directly at fault for negative events, while preventing claims against passive investors and others who have nothing to do with the incident.
  • Require a trial court to hold a hearing and weigh admissible evidence before a punitive damage motion can move forward, clarifying the process without changing any standards.
  • Utilize the regulatory process to ensure that judgments are paid by giving the state Agency for Health Care Administration the authority to revoke the license of any nursing home operator who doesn't pay a final judgment, arbitration award or settlement.
  • Establish a workable framework for providing appropriate medical records to family members.

CS/CS/SB 1012 will become effective July 1, 2014.

This law states that a financial institution is not civilly liable to a third party for the actions or operations of a person solely by virtue of extending a loan or a line of credit to such person.

CERTIFICATE OF NEED


CS/CS/HB 287 will become effective July 1, 2014.

This law provides greater flexibility for nursing homes to move beds to follow population trends and creates incentives for nursing home providers to replace older nursing homes with modern buildings to meet the needs of Florida's elder population. For specific details on this legislation, click here.

FHCA will provide more information about these and other outcomes from the 2014 legislative session during the 2014 Annual Conference Legislative Plenary, scheduled for Wednesday, July 10, at 3:45 p.m. at the Orlando World Center Marriott. During that week, we'll also recognize our Legislative Champions for the Elderly, including Sen. John Thrasher and Rep. Matt Gaetz and Sen. Denise Grimsley and Rep. Frank Artiles, bill sponsors for nursing home litigation reform and certificate of need, respectively. Make plans to join us and thank them for their support of these important issues that will have a positive impact on the high-quality care you deliver to our state's elders.