SPECIAL SESSION BEGINS NEXT WEEK - 
WE MUST CONTINUE OUR EFFORTS!
By Anna Spinella -- May 06, 2003
Thanks in great part to all of your hard work and commitment, grassroots efforts during this legislative session were very successful. 

You are the voice of Florida’s residents, and you did an incredible job of conveying the message of nursing home residents to legislators, the media, and the public.    
 PLEASE DON’T STOP NOW!
 A special legislative session has been called from May 12 – 27 to establish a legislative budget.
 IT IS QUITE POSSIBLE THAT EFFORTS WILL BE MADE TO INCLUDE MEDICAL MALPRACTICE AND/OR WORKMEN’S COMPENSATION ISSUES DURING THAT SESSION,
AND
THE NURSING HOME INDUSTRY MAY TRY TO ATTACH  FURTHER NURSING HOME CAPS ONTO THE TAIL OF MED-MAL.

YOU MAY REMEMBER THAT CAPS WERE ALREADY IMPOSED ON NURSING HOME LITIGATION IN 2001, WHEN NURSING HOME RESIDENTS RECEIVED (OR WERE SUPPOSED TO RECEIVE – WHETHER THEY ACTUALLY HAVE THEM OR NOT REMAINS A QUESTION STILL TO BE DETERMINED) SPECIFIC QUALITY OF CARE PROVISIONS IN RETURN FOR GIVING UP THEIR RIGHT TO ACCOUNTABILITY.

FURTHER CAPS ON NURSING HOME RESIDENTS ARE TOTALLY OUT OF LINE.
During the regular session, the Senate stood firm on further nursing home caps (and also on caps for medical malpractice) – while the House favored caps on everything, including further caps on nursing home accountability.
We were successful in defeating all attacks on nursing home residents this session, except for some provisions that were defeated during the main part of the session, but were attached to the end of the “restoration of medically needy” legislation, which passed about two days before the end of the session.  That happened without prior warning and will be reported separately.
ACTION NEEDED NOW  --
Please e-mail your local Senators and Representatives.
Please thank the Senators for standing up for nursing home residents during the regular session,   
And
Please ask both Senators and Reps to oppose further caps on nursing home accountability during the special session.
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Here are two tips:

  • Short letters (e-mails) are best.
  • Include your home address to your own senators/reps so they will know you are one of their constituents.
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Some interesting facts elicited in testimony before the Legislative committees, which you might want to know:
  • Caps hurt seniors more than any other group in Florida.  That is why the AARP is strongly opposed to any cap on damages.
  • Caps did not help in California, only real insurance reform did. Rates in California climbed 190% after caps were passed and only came down when insurance reform was passed in 1988.
  • The insurance industry has admitted that a $250,000 cap will not bring relief to doctors.  Insurance executives have admitted caps will not reduce insurance rates.  The Florida Department of Insurance data reflects that the number of lawsuits is going down, not up.   The amount paid out on each claim is going down, not up.
With respect to medical malpractice:
About 5% of the doctors cause more than 50% of all malpractice.
An average of 15 people die every day in Florida, as a result of medical malpractice.
Medical malpractice rates are related to the insurance industry’s economic cycle, not lawsuits.