Latest Blogs

The CMS (Centers for Medicare and Medicaid Services) instituted its final rule in September 2016 prohibiting nursing homes and long-term care facilities, accepting Medicare and Medicaid, from using mandatory pre-dispute binding arbitration agreements with their residents. This rule becomes effective November 28, 2016. 

No longer will nursing home and long-term care residents be forced to accept mandatory binding arbitration as a pre-condition for entering a facility. They will no longer be automatically waiving their rights to having a court and a jury decide their claims. 

CMS, according to Andy Slavitt, Acting Administrator, received nearly 10,000 comments on the rule after it was initially proposed in July 2015. “The health and safety of residents of long-term care facilities are our top priorities,” Slavitt said. “The advances we are announcing today will give residents and families greater assurances of the care they receive.” 

Many nursing home and long-term care facility residents are abused or neglected each year, especially in Florida with a large population of older citizens. 

In April 2016, state inspectors from the Agency for Health Care Administration visited a nursing home in North Fort Myers and put it on its “watch list” for poor performing nursing homes.  The facility received nearly $20,000 in fines for not meeting Florida state standards. Some of the violations included the facility’s using bed rails to contain patients. The Agency reported that this is a dangerous practice because patients can slip between the rails and mattress and injure themselves. 

In November 2016, an investigation was started in two cases of alleged elderly abuse at a Bonita Springs senior living community. One woman reported, "I got a phone call stating that my mother had been bruised on the arms." Her mother suffers from Alzheimer's and has been receiving care for four years at the facility. 

Elder abuse can take many forms. It may be physical, mental, emotional or sexual. Elder neglect can be neglect by a caregiver. The caregiver may be a staff-member or other person at a facility. Exploitation of seniors may also occur and involves the deception and intimidation to obtain and use a vulnerable person’s funds, assets or property, according to AgingCareFL.org. 

What do you do if you suspect elder abuse? 

In Florida the Department of Elder Affairs, working in conjunction with the Department of Children and Families (DCF), is charged with ensuring the safety and well being of elders and disabled adults. 

Florida Law requires that any person who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the Florida Abuse Hotline. Call Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873). This toll-free number is available 24/7. 

Florida Nursing Home Neglect/Abuse Attorney, Randall Spivey says, “If you suspect that a loved one has been the victim of elder abuse or mistreatment, contact the experienced attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. There are no costs or attorney fees until you win.” 

Florida Nursing Home Negligence Attorney,Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%)percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.