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State looks to strengthen oversight of assisted living facilities

By Lynn Hatter

http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-981128.mp3

Tallahassee, FL – Florida's assisted-living facilities are getting a closer look under a workgroup established by Governor Rick Scott. The workgroup is the result of an investigation by the Miami Herald detailing a history of abuse in several South Florida facilities. Lynn Hatter reports the workgroup will meet a total of three times and submit a final report on its findings to the legislature.

The 14-member panel will look at ways to provide more protection to residents in the state's Assisted -living facilities and get more oversight of the industry. Brian Lee is the state's former long-term care ombudsman. He was forced out of the job when Governor Rick Scott took office, but now credits the governor for ramping up enforcement efforts on Assisted Living facilities or ALF's, as well as vetoing legislation that would have further re-regulated the industry. But Lee says he's worried about what will become of the workgroup's findings.

"The only issue I have about task-forces, is that they become a task-farce. It's a way to scuttle a position on a controversial issue. And I'm concerned that we're right here way after the legislative session, there's a long time before the next one, and I know we're coming up on committees, but its an opportunity for this to fall by the wayside for residents."

Many reports by workgroups and task forces usually end up on shelves or pushed to the back-burner never to see the light of day, but others say that's not going to be the case with this one. Senator Rhonda Storms is a champion for children and elder issues, and she sponsored legislation in the past to increase oversight of assisted living facilities only to see her efforts thwarted in the House. She's also a member on the ALF workgroup, and says she plans on filing legislation in the upcoming session based on the workgroup's results.

"Those facilities that are failing, and where people are dying and being hurt because of willful incompetence and negligence, they need to be shut down. We need to be aggressive on behalf of protecting people in vulnerable positions, and I think most Floridians agree with that, that this is a matter of human dignity."

During the first meeting of the workgroup, critics of the Assisted Living Industry talked about what they say is a clear history of abuse, resident intimidation, and neglect. But The ALF's say those kind of reports are few and far between. Larry Sherberg is the owner of Lincoln Manor Retirement Home in Hollywood. He agrees that bad actors should be punished, but disagrees that increasing regulations is the answer.

"Are we the Taj Mahal? Not necessarily. What I don't want to see is more regulation for good providers. We're going to follow it. But we're going to be over-regulated, and the bad providers still won't do the right thing."

The workgroup has two more meetings left, the next one in September in Tampa. A final report on the group's findings won't come until the end of the year.