Reviewed by
A public hearing before the Constitution Revision Committee takes place today at Nova in Fort Lauderdale regarding multiple proposed revisions to Florida’s laws. As nursing home abuse lawyers, we are particularly interested in Proposal 88 which would alter Florida’s Nursing Home Residents’ Rights law. Victims of nursing home abuse are planning to show up and speak before the panel on the unpleasant reality of long term care in Florida.
Where and When the Hearing is Taking Place
WHAT: South Florida Public Hearing of the Constitution Revision Commission
WHEN: Tuesday, February 6, 1:00 – 7:00 PM (Doors open at Noon)
WHERE: Nova Southeastern University Rick Case Arena at the Don Taft University Center
PARKING: Free parking is available to the public in the Alvin Sherman Library Garage on the second level and above.
For a complete list of the proposed amendments, click here.
Proposed Changes to Florida’s Constitution Effecting Nursing Home Residents
Basic Human Rights
Proposal 88 affords nursing home residents basic human rights, including:
- the right to be treated “courteously, fairly and with the fullest measure of dignity”
- the right to be given “adequate and appropriate health care”
- the right to live in “a safe, clean, comfortable and homelike environment” and,
- the right to have “reasonable precautions” against natural disasters and extreme climatic conditions.
Is it shocking we are even debating this? Why would the long term care industry openly oppose such basic human rights be granted to their residents?
Justice for Wronged Nursing Home Residents
Proposal 88 also grants nursing home residents the follow legal remedies in case they are neglected:
- the right to a speedy jury trial
- (remember, most claimants are elderly and cannot wait 4+ years for their day in court)
- the right to receive full damages
- (no artificial caps on damages)
- that all facilities must carry a minimum of $2 million in insurance coverage
- (Florida law does not require a minimum liability insurance limit for nursing homes)
- that these rights cannot be waived in an arbitration agreement.
If you are interested in this topic, please show up at the public hearing and advocate for protecting Florida’s seniors living in nursing homes and assisted living facilities.
Legal Nurse Consultant
