St. Petersburg Times: Florida nursing home owners would get new lawsuit protections under a House measure that passed its next-to-last committee stop on April 25, 2011; Bill would cap non-economic damages at $300,000

Jodie Tillman of the St. Petersburg Times reported yesterday that nursing home owners would get new lawsuit protections under next-to-last committee stop and will now proceed to the full Florida House of Representatives for a vote.  The complete article is reprinted below:




House measure aims to cut nursing home lawsuits


April 25, 2011
By Jodie Tillman
St. Petersburg Times/The Buzz Political Blog


Nursing home owners would get new lawsuit protections under a House measure that passed its next-to-last committee stop today.


Those protections include making it harder to sue corporate directors and limiting the use of state and federal audits in nursing home litigation.


Rep. Matt Gaetz, R-Shalimar, a co-sponsor, said the measure seeks to reduce the number of frivolous lawsuits that only increase costs, not care. “There’s no correlation whatsoever between lawsuits and care,” he said.


Critics saw it as part of a broader deregulation effort that favors corporations. “Unfortunately, this bill is a mirror image of everything else going on,” said Rep. Mark Pafford, D-West Palm Beach.


Over the last decade, notices of lawsuits against nursing homes have decreased by more than half – from 1,150 in the 2002 fiscal year to 403 in the 2010 fiscal year, according to the Agency for Health Care Administration.


The new proposal says only the “licensee or its management company” and the direct caregiver employees can be sued as part of a neglect case. Owners and company directors could not be named as defendants unless a judge holds a hearing and determines they breached their duties.


Nathan Carter, an Orlando lawyer, said corporate parents of nursing homes will use licensees with no assets in order to avoid responsibility.


“These are not mom and pop operations,” he told the House health committee.


Rep. Mia Jones, D-Jacksonville, proposed amending the measure to require license holders be insured or present a letter of credit. That amendment failed.


The proposal also makes it harder to prove understaffing led to a particular case of neglect. That’s because overall staffing problems noted in routine state audits would not be admissible in a lawsuit.


“Non-economic” damages, such as mental pain and suffering, would be capped at $300,000.


Over in the Senate today, a similar nursing home proposal ran out of time. The Senate judiciary committee ended in the middle of public testimony on that proposal, sponsored by Sen. Ellyn Bogdanoff, R-Ft. Lauderdale.


Sen. Anitere Flores, the Miami Republican who serves as the committee’s chairwoman, said she has no more meetings scheduled for the year. But she said not to count out the Senate’s version of the nursing home legislation.


“I don’t think the bill is dead,” said Flores. “There’s a whole two weeks left. Anything can happen.”




For more information about Miami-Dade, Broward and Palm Beach County home health care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care (954) 986-5090 or www.afamilymemberhomecare.com.

SavvySenior.org Site Offers National Information Service; Bradenton Herald Column Today: Tips for finding adult day care for your loved ones

The "Savvy Senior" Web site offers valuable tips for seniors, courtesy of http://www.savvysenior.org/, a national information service devoted to older Americans and the families who support them. Through a variety of media, Savvy Senior provides information and resources through its nationally syndicated newspaper column, senior newswire service, resource books, weekly radio program and television features on NBC, CNBC, CNN and Retirement Living TV. (Click here for the SavvySenior.org (50-plus) newsmakers of the week.)

Below is a reprint of the
Bradenton Herald's April 26, 2011 "SavvySenior.org" column:

Tips for finding adult day care for your loved ones

What can you tell me about adult day care for seniors? My 82-year-old father, who lives with us, has dementia and needs attention during the day while we’re at work. -- Looking for Care

Adult day care is a great and affordable option for caregivers who work, or those who just need a break during the day. Here’s what you should know.

A growing trend


The business of adult day care has been growing by leaps and bounds in recent years. Just 30 years ago, there were only around 300 adult day care centers in the United States. Today there are around 4,600 that serve an estimated 260,000 people.

As the name implies, “adult day care” provides care for elderly seniors who cannot care for themselves at home. While services will vary from center to center, they typically provide custodial care, meals, various activities and social interaction in a safe supportive environment.

Affordable care

Depending on where you live and the center you choose, adult day care costs anywhere from $25 to $150 per day (the national average is $67/day), which is more affordable than hiring a home health aide which averages $21 per hour nationally or $168 for an eight-hour day.

Unfortunately, Medicare does not currently pay for adult day care so your financial assistance options are either private long-term care insurance, or some states offer Medicaid waiver programs.

How to choose

Your first step in shopping for an adult day center is to determine the kinds of services your father and you need, and can afford. After you do that, here are some tips to help you locate and choose a good provider:

Finding a center: Start with your Area Agency on Aging (call 800-677-1116 to get your local number), or local Alzheimer support groups (visit alz.org to search) for referrals. Or check your Yellow Pages under Adult Day Care or Seniors Services.

Call: Once you have a list of a few centers, call them to find out their eligibility criteria, if they are accepting new clients, their hours of operation, if they’re licensed and/or registered with a state agency (this is not required in all states), what they charge, and the types of services they provide.

Visit: After you find a few centers that can meet your father’s needs and budget, go in for a visit. Find out about the staffing ratio (at least one staff member for every six participants is recommended) and what kind of training they have.

While you’re there, notice the cleanness and smell of the facility. Is it homey and inviting? Does the staff seem friendly and knowledgeable? Also be sure to taste the food, and consider making an unannounced visit.

Ask about transportation: Does the center provide transportation to and from the facility, or is transportation available through other sources, such as a local agency on aging.

Inquire about discounts: Many centers also offer discounts if you prepay and register for multiple days per week.

Ask for references: Talk to two or three families who have used the center you are considering.



Send your senior questions to, Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit SavvySenior.org.

Read more:
For more information about Miami-Dade, Broward and Palm Beach County home health care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care (954) 986-5090 or www.afamilymemberhomecare.com.

 
http://www.bradenton.com/2011/04/26/3140932/tips-for-finding-adult-day-care.html#ixzz1KdAwj9bR

Florida Nursing Home Ombudsman Brian Lee Replaced by Jim Crochet in Clash With Governor Rick Scott; Federal Administration of Aging Investigating

After repeated clashes with the nursing home industry and Florida Governor Rick Scott, Florida's nursing home ombudsman, Brian Lee, was replaced by health and human services veteran Jim Crochet, the Miami Herald and Associated Press reported yesterday, April 25, 2011:


Ousted Fla. nursing home ombudsman successor named

The Associated Press
April 25, 2011

TALLAHASSEE, Fla. -- A replacement has been named for the Florida nursing home ombudsman who was ousted in a clash with Gov. Rick Scott's administration.

Interim Department of Elder Affairs Secretary Charles T. Corley on Monday appointed Jim Crochet, who has 27 years of experience in health and human services as the state's advocate for long-term care residents.

Crochet, most recently served in the department's legal office.

He succeeds Brian Lee, who said he resigned in February after being told he would be fired otherwise.

The federal Administration on Aging is investigating his departure after Lee repeatedly butted heads with the nursing home industry.

Lee said the animosity grew with the election of Scott, a Republican who formerly headed companies that ran hospitals and urgent care centers.



Read more:  http://www.miamiherald.com/2011/04/25/2185046/ousted-fla-nursing-home-ombudsman.html#ixzz1Kcy3SyxW


The Orlando Sentinel reported:

Nursing homes get new ombudsman

April, 25 2011 7:19 PM

One of Gov. Rick Scott’s first acts when he took office in January was to fire Brian Lee,the longtime state ombudsman who ran a network of volunteer inspectors charged with evaluating nursing homes and blowing the whistle on substandard conditions.

Though Scott never really explained why he got rid of Lee — which touched off an ongoing investigation by the U.S. Department of Health and Human Services — Lee attributed it to his aggressive interest in the large corporations which are silent owners of individual nursing homes.

But federal law says the state must have an ombudsman, so Monday Charles T. Corley, interim secretary of the Department of Elder Affairs, named his department’s general counsel to the job. Jim Crochet had previous been at attorney at the Agency for Health Care Administration (AHCA) and at the old Department of Health and Rehabilitative Services.

“Mr. Crochet has dedicated 27 years to public service in the field of health and human services, and he brings a wealth of experience in both advocacy and long-term care regulation,” said  Corley in a statement.  “I am confident that long-term care residents will benefit from the leadership he will bring to the Ombudsman Program, whose mission it is to protect the health, safety, welfare, and rights of long-term care residents across Florida.”


For more information about Miami-Dade, Broward and Palm Beach County home health care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care (954) 986-5090 or www.afamilymemberhomecare.com.

Brian Gauthier and A Family Member HomeCare Officially Launch "South Florida Home Health Care Agency: A Family Member HomeCare" Blog

A Family Member HomeCare officially launched its blog today, April 25, 2011:


Brian Gauthier and A Family Member HomeCare Launch South Florida Home Health Care Blog to Update on Home Health Care Community, Governmental and Regulatory Developments


With the avalanche of changes in health law and regulation on both the state and federal levels, Brian Gauthier, CEO and Administrator of A Family Member HomeCare, a South Florida Home Health Care agency, has launched “South Florida Home Health Care Agency: A Family Member HomeCare,” a blog dedicated to health care and aging issues from a community, governmental and regulatory perspective.



Above: Brian Gauthier


Miami-Dade, Broward, Palm Beach County, Florida (PRWEB) April 25, 2011


With the avalanche of changes in health law and regulation on both the state and federal levels,



For more information about Miami-Dade, Broward and Palm Beach County home health care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care (954) 986-5090 or www.afamilymemberhomecare.com.
Brian Gauthier, CEO and Administrator of A Family Member HomeCare, a South Florida home health care agency, has launched "South Florida Home Health Care Agency: A Family Member HomeCare," a blog dedicated to health care and aging issues from a community, governmental and regulatory perspective.

“The 'South Florida Home Health Care Agency: A Family Member HomeCare' blog will serve to keep our valued clients, as well as the general public up-to-date on governmental developments as they happen,” Mr. Gauthier explained. “E-mail and RSS updates are available on the blog, as well as direct links to Florida home health care-related governmental, legislative and regulatory resources.

In the blog, Mr. Gauthier will also issue general commentary on the Florida home health care landscape.

A link to
http://www.keepmomathome.org/southflorida, a resource that families can access to set up their own family blog, or consult a library of caregiver tips and helpful hints, is also provided.A Family Member HomeCare of South Florida assists Miami-Dade, Broward and Palm Beach County seniors and families with Personal Home Health Care, Transferring, Walking, Dressing, Bathing, Grooming, Companionship, Housekeeping, Laundry, Transportation, Meal Preparation and Stimulating Activities. The agency works with all South Florida hospitals and rehabilitation clinics to ensure safe transitions to in-home health care.

A Family Member HomeCare of South Florida serves independent and assisted living clients in the following Miami-Dade,
Broward and Palm Beach County cities: Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Hollywood, Lauderdale Lakes, Lauderdale-by-the-Sea, Lauderhill, Lazy Lake, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Wilton Manors, Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Park, Coral Gables, El Portal, Florida City, Golden Beach, Hialeah, Hialeah Gardens, Homestead, Indian Creek, Islandia, Key Biscayne, Medley, Miami, Miami Beach, Miami Lakes, Miami Shores Village, Miami Springs, North Bay Village, North Miami, North Miami Beach, Opa-locka, Pinecrest, South Miami, Sunny Isles Beach, Surfside, Sweetwater, Virginia Gardens, West Miami, Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes, Cloud Lake, Delray Beach, Glen Ridge, Golf, Greenacres, Gulf Stream, Haverhill, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Jupiter Inlet, Colony Lake, Clarke Shores, Lake Park, Lake Worth, Lantana, Manalapan, Loxahatchee Groves, North Palm Beach, Ocean Ridge, Mangonia Park, Palm Beach, Palm Beach Gardens, Pahokee, Palm Springs, Riviera Beach, Palm Beach Shores, South Bay, South Palm Beach, Royal Palm Beach, Wellington, West Palm Beach, Tequesta.

Brian Gauthier's A Family Member HomeCare is a Joint Commission-accredited agency and a member of the Home Care Association of Florida, the HomeCare and Hospice Association, the Society of Certified Senior Advisors and the American College of Healthcare Executives.

A Family Member HomeCare also provides Spanish and Creole speaking caregivers.

Miami Herald Reports Dartmouth Atlas data: Although more seniors are dying at home, Miami still leads the nation in seniors’ time spent in intensive care during the last six months of life

The Miami Herald reported on April 20, 2011 that, according to a new Dartmouth Atlas Project report, that chronically ill Medicare patients spent fewer days in the hospital and received more hospice care in 2007 than they did in 2003, but there was an increase in the intensity of care for patients who were hospitalized.  This report updates previous findings regarding variations in end-of-life care and documents trends from 2003 to 2007 in the use of medical resources to treat Medicare patients at the end of life.

To view the complete Dartmouth Atlas of Health Care report, click here.

The complete Miami Herald article is reprinted below:


The Miami Herald

More senior citizens are dying at home

After years of experts and patients saying people at the end of life might be more comfortable dying at home, a new study says that may finally be happening: fewer seniors in the United States and South Florida are dying in hospitals.

But the same survey finds that in the last months of life for seniors throughout the United States and especially in Miami, the trend is for more of them to see large numbers of specialists and to spend more time in expensive intensive care units.

Those are the results of the latest study from the Dartmouth Atlas, a project of the Dartmouth Medical School. The project for years has been using Medicare data to expose anomalies in healthcare costs and wide geographic disparities in expenses.

“Miami is practically off the charts,” says David Goodman, a Dartmouth researcher who was the lead author of the study. “It really continues to stand out” for having the highest costs and most extensive treatments in the last months of life, even when adjusted for age, ethnicity, race and severity of illness.

In particular, the study shows Miami leads the nation in seniors’ time spent in intensive care during the last six months of life – 10.7 days for the average Miami senior — compared with 0.7 days in Minot, N.D., the area with the least use of intensive care. In the Fort Lauderdale area, it was 7.2 days. The national average is 3.8 days, making Miami’s length of stay three times as long and Fort Lauderdale’s twice as long.

Disparities also exist by hospitals in the region. Mount Sinai Medical Center leads South Florida, with patients averaging 15.6 days in intensive care during their last six months. Aventura, Hialeah, Palmetto General and Metropolitan average more than 14 days. At the bottom: Cleveland Clinic in Weston (5.8), Mercy in Miami (6.1) and Homestead (7.7).

On Wednesday, Mount Sinai issued a brief statement that it’s not the hospital that makes the decisions: “We respect our patient’s preferences.”
The numbers are important for several reasons, researchers say. Intensive care often involves aggressive procedures, and surveys show that “patients have a strong tendency to want to avoid unpleasant procedures near the end of life,’’ says Goodman. Studies also show that three-quarters of Americans prefer to die in a “home or home-like environment” such as a hospice.

What’s more, “three clinical trials show that patients with advanced illness who received palliative and hospice care actually live longer than patients who receive aggressive treatment, which makes a lot of sense when you think of how fragile are the elderly when that treatments that purport to be life-sustaining, such as chemotherapy,” says Goodman.

Another crucial reason why these numbers are important: Medicare spending is a major reason for the nation’s crushing debt. Though this study doesn’t deal with costs, Goodman says earlier Dartmouth work has found that 32 percent of Medicare’s budget goes for care in the last two years of a senior’s life — expenses that often do little or nothing to postpone death.

The latest study, released last week, measures changes in the end-of-life treatment of chronically ill Medicare patients between 2003 and 2007. Delays in publishing the data are caused by the Atlas’ adjusting its figures for various factors, such as age and race. Other studies have consistently confirmed that other patients show the same treatment patterns as Dartmouth finds for seniors.

Over the five-year period, the study found the rates of deaths in hospitals dropped 12.8 percent nationwide. Locally, the rates dropped 13 percent in Miami and 19.9 percent in Fort Lauderdale.

Days in hospice increased 47 percent nationally, 50.6 percent in Broward and 15.5 percent in Miami over that time frame.

Once again, the differences between hospitals are major. At Mount Sinai, 43.5 percent of its longtime patients died there. The lowest figures in the region come from Memorial Pembroke and Cleveland Clinic hospitals, where 25.9 percent died in the facilities. The national average is 28 percent.

Goodman says Miami’s high costs are generally attributed to the area having a large number of hospital beds and a high number of physician specialists, causing both doctors and doctors to find ways of boosting business.

One reason patients may not get their wish to die at home could be “flaws in communications between physicians and patients,’’ says Goodman. Many doctors are trained to discuss treatments, not whether it is time to all end treatment, he said.

At Dartmouth’s medical center, an office has been set up specifically to counsel patients and families on end-of-life choices, often with specially trained nurses leading the discussions.

One puzzling aspect of the report: Fewer seniors dying in hospitals seems to indicate less aggressive care, but increased time in intensive care and more trips to specialists in the final months seem to indicate more aggressive care.

The Dartmouth data found that over the five-year period, the percentage of patients seeing 10 or more specialists in the last six months of life rose 17.2 percent nationally. In Broward, it increased 5.8 percent and in Miami 8.6 percent. Steven Ullmann, a health policy professor at the University of Miami, says there are several explanations for conflicting trends. One is that Medicare and other organizations are closely watching hospital mortality rates, and a high rate “is not a good thing,” meaning hospitals are motivated to push those in their final days into hospices.

Still, Ullmann says, hospitals and physicians might continue to seek ways to get more money from Medicare and related insurance. That, and technology improvements, could cause patients to be steered to intensive care until almost the end of their lives, he said: “So the motivations are complicated.”





© 2011 Miami Herald Media Company. All Rights Reserved.
http://www.miamiherald.com


Read more: http://www.miamiherald.com/2011/04/20/v-print/2177714/more-seniors-are-dying-at-home.html#ixzz1KSEVw0Yp


For more information about Miami-Dade, Broward and Palm Beach County home health care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care (954) 986-5090 or www.afamilymemberhomecare.com.

Sacramento Bee: California Report slams screening of state's private in-home care workers

A State of California report on lax oversight of in-home health care agencies underscores the need to ensure the home health care agency provider you work with knows how to carefully screen their caregivers. A Sacramento Bee article about the report is reprinted below.
A Family Member HomeCare assigns only certified Home Health Aides, Certified Nurse Assistants, RNs, LPNs, and Companions. All A Family Member HomeCare certified Caregivers must have the appropriate experience to match Client needs. Our proprietary screening processes go far beyond the State of Florida requirements and include: Report slams screening of California private in-home care workers

tvanoot@sacbee.com
Published Friday, Apr. 22, 2011


Lax state oversight of in-home health care agencies is allowing private caregivers with criminal backgrounds to work with the elderly and disabled, according to a Senate report issued Thursday.

A Senate Office of Oversight and Outcomes review of Craigslist.org advertisements for in-home caregivers uncovered five confirmed cases in which the individuals offering services had extensive criminal records, including arrests for burglary, narcotics trafficking and prostitution.

It also found that more than 25 percent of caregivers identified in media reports as being convicted or accused of wrongdoing on the job had previous offenses on their records.

"Without criminal background checks, these consumers may unwittingly open their homes and finances to those who have shown a willingness to exploit or harm others," the report says.

California is one of six states that do not regulate private in-home caregivers. While the state now screens workers providing care for the mostly low-income, blind, disabled and elderly Californians enrolled in the In-Home Supportive Services program, a similar screening system does not exist for private providers.

But the public agencies that administer the IHSS program have failed to help consumers conduct criminal background checks on prospective caregivers as a 2008 law intended, the report found. The oversight office called 26 of the 56 public IHSS agencies to seek help checking the background of a prospective caregiver. All 26 refused to help.

Authors of the report, whose office was established by Senate President Pro Tem Darrell Steinberg, D-Sacramento, issued several recommendations for creating more stringent regulation of the industry.

They include a public awareness campaign to inform consumers of their options for obtaining background reports and establishing standards for agencies that claim to conduct criminal checks of workers.

© Copyright The Sacramento Bee. All rights reserved.









Call Torey Van Oot, Bee Capitol Bureau, (916) 326-5544.


  • Liability coverage to $1,000,000 and theft coverage to $100,000
  • Workers' Compensation Protection
  • Nationwide Background Screening
  • Social Security Number Trace
  • Motor Vehicle Report
  • Drug Screening
  • Written and Clinical Skills Test by RN
  • Credentials Check
  • Physical Health Screening
  • Reference Verification

From the Sacramento Bee

Florida House of Representatives Votes to Deregulate Land Lines: Public Service Commission Would No Longer Regulate Quality or Price

Florida's seniors are nervously watching developments in the State's House of Representatives, which voted on April 20, 2011 to deregulate land-based telephone lines.

Florida's AARP opposes the measure and says it will result in higher-priced phone service for seniors. A statement is reprinted below from AARP Florida Interim State Director Jeff Johnson on SB 1524 and HB 1231, bills that would eliminate state regulators’ oversight of telephone companies’ rates, and on a new Public Service Commission analysis of the legislation.

An Associated Press report as published in the Ocala Star-Banner is reprinted below that.
AARP Florida: Telephone deregulation plan could cost Florida consumers heavily

Posted 3/22/2011 2:22 PM EDT

AARP Florida Interim State Director Jeff Johnson issued this statement today on SB 1524 and HB 1231, bills that would eliminate state regulators’ oversight of telephone companies’ rates, and on a new Public Service Commission analysis of the legislation:

"Under these bills, Florida consumers of all ages could face large increases for basic landline telephone service if Florida lawmakers continue their headlong plunge into abandoning decades of established state consumer protections. AARP believes this legislation could hurt thousands of financially hard-pressed Florida residents, especially older people already struggling with rising fuel, food and prescription-drug costs."

Johnson noted that advocates of the legislation have claimed that competition will keep prices low and benefit consumers.

"As an alarming
new Florida Public Service Commission analysis of these proposals shows, the real results could be exactly the opposite – sharply higher costs for consumers, while leaving telecommunications consumers with fewer protections. For example, the bill would deprive consumers of any regulatory review of inaccurate billing."

Johnson pointed to this passage on Page 12 of a PSC analysis issued Friday:

"As noted previously, current rate caps limit rate increases for basic service to an amount not to exceed inflation minus 1 percent in a 12-month period. Nonbasic rate increases are limited to 10 percent in any 12-month period. A January 2011 report of the Kansas Corporation Commission concluded "that price deregulation has not brought lower prices in those states where deregulation legislation has passed." The report cites Missouri where AT&T-Missouri has increased residential rates by approximately 60 percent since 2007. In Ohio, deregulation legislation passed in September 2010, and AT&T recently implemented a residential increase of 9 percent, the maximum allowed under the law. In Arkansas, where deregulation became effective in 1997, AT&T recently raised its residential rate in its smallest exchanges by 19 percent. In California, residential customers received a 22 percent increase in January 2010, after receiving a 23 percent increase the prior year. California price controls expired entirely on January 1, 2011. Testimony provided to the 2009 Ohio Legislature by the Office of the Ohio’s Consumers’ Counsel listed only one state, Delaware, where basic service prices decreased following price deregulation."

Johnson called on legislators to review the PSC report closely, adding: "As recently as January, four in 10 Floridians 50+ told AARP that they were struggling to pay utilities costs. Now some want to allow telephone companies to reach into their wallets at will. AARP Florida hears loud and clear what Florida consumers are saying: They can’t afford for the state to abandon all protections for basic landline telephone-service consumers."

Call your legislator about proposed higher utilities costs


Tags: Telephone, deregulation, consumer, Florida, costly, alarming, competition, protection, outrage

Florida House OKs deregulation of telephone landlines

The Associated Press

April 20, 2011


TALLAHASSEE — The Florida House has approved the deregulation of landline telephone service in the state.

The bill (HB 1231) passed by a vote of 110-4 on Thursday. A related bill is moving through the Senate.

The measure removes landline phones from the oversight of the Public Service Commission. The commission regulates utilities and must approve proposed rate increases. It would no longer have a say in matters of service quality or price.

Supporters say deregulation will modernize phone service. The AARP opposes the measure and says it will result in higher-priced phone service for seniors.

Estimates released Wednesday by the federal Centers for Disease Control and Prevention suggest that 27 percent of adult Floridians live in wireless phone-only households.

Social Security Administration: George Takei and Patty Duke Join Forces to Tell Americans to Boldly Go to www.socialsecurity.gov

In a campaign to encourage Americans to use the U.S. Social Security Administration's online services, Baby Boomer stars George Takei and Patty Duke were enlisted as spokespersons in this April 6, 2011 news release from the agency:


George Takei and Patty Duke Join Forces to Tell Americans to Boldly Go to http://www.socialsecurity.gov/
 
Using Social Security's Online Services Are So Easy "Even Kirk Could Do It"
(
Printer friendly version)

Cyberspace: the final frontier. These are the voyages of George Takei and Patty Duke. Their mission: to seek out baby boomers and people of all ages and tell them to Boldly Go to www.socialsecurity.gov

Entertainment icons George Takei and Patty Duke have teamed up to tell Americans to Boldly Go to
www.socialsecurity.gov to apply for retirement, disability, Medicare, and so much more. The two celebrities are joining forces in a new campaign to help the Social Security Administration promote its online services as an easy and secure way for people to do business with the agency.

“Social Security has a great website and the top-rated online services in the U.S.,” said Michael J. Astrue, Commissioner of Social Security. “We now have a fun new way to get the word out. Having George join forces with Patty will help us reach the millions of people who can take advantage of this convenient way of doing business with Social Security. Boldly Go to
www.socialsecurity.gov to plan for your retirement and to apply online so that you too may live long and prosper.”

“Won’t filing for Social Security benefits online be confusing?” George asks Patty in one of eight new commercials. “It’s simple and easy,” Patty assures George. “It’s so easy, even Kirk could do it.”

Those ready to retire, apply for disability benefits, or delay retirement and apply only for Medicare, can do so from the comfort of their home or from any computer. Two million people took advantage of Social Security’s convenient online benefit applications last year. People already receiving Social Security benefits can go online to let Social Security know about a change of address or phone number, start or change direct deposit, get a proof of income letter, or replace a lost Medicare card.

Social Security’s website “is for everyone,” Patty tells George in another spot. Workers can get an online estimate of their future retirement benefits and use Social Security’s planners to plan for a secure retirement. In addition, Patty says, “Young people can help their grandparents with retiring online or getting extra help with their Medicare prescription drug costs.” To which George concludes, “Everyone, of all ages, should go to
www.socialsecurity.gov.”

Social Security’s online services not only provide a convenient option for the public, they are a lifeline for the agency in a time of fast growing workloads as baby boomers begin retiring in record numbers and millions more need Social Security’s services due to the economic downturn.

To learn more about Social Security’s online services and to view the new George Takei and Patty Duke public service announcements, Boldly Go to
www.socialsecurity.gov. Like George, you may find yourself saying, “Oh my!”


For more information about South Florida home care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care(954) 986-5090 or www.afamilymemberhomecare.com.

Florida House of Representatives' 2011 Medicaid Reform Bills Would Move Medicaid Patients Into Managed Care

The Florida House of Representatives' Office of Public Information issued a recent report on Medicaid Reform for 2011. To view the complete report, click here.


The Florida House of Representatives’ Health & Human Services Committee has filed two state Medicaid reform bills for the 2011 Legislative Session, HB 7107 and a linked bill, HB 7109.

HB 7107 proposes to re-create the Florida Medicaid Program as a statewide, integrated managed care program consisting of three elements:

· Managed Medical Assistance for current recipients of general Medicaid services

· Managed Long-Term Care for current recipients of long-term care Medicaid services

· Managed Long-Term Care for Persons with Developmental Disabilities for those presently receiving Medicaid services for individuals with developmental disabilities.

HB 7109 makes date-specific, conforming changes which align existing law with the proposed changes in HB 7107. The language proposes to:

· Eliminate the existing fee-for-service structure providing all Medicaid recipients with a choice of managed care plans including traditional Health Management Organizations (HMOs), Provider Service Networks (PSNs), and specialty plans with expertise in specific medical conditions.

· Establish eight state regions within which plans will compete for state Medicaid contracts based on value.

· Limit the number of plans allowable in each of the eight regions in order to promote plan stability, while also providing choices to recipients.

· Improve managed care accountability with provider network standards, accreditation requirements, continuous improvement requirements, performance monitoring, penalties for early withdrawal, and prompt payment and fraud and abuse requirements.

· Pay plans risk-adjusted rates, based on patient encounter data. Risk-adjusted rates will ensure plans are paid more for sicker patients in order to allocate resources appropriately and discourage plans from trying to enroll only healthy patients.

· Require achieved savings rebates to incentivize plans to improve patient outcomes and cost-effective health services.


Frequently Asked Questions: Medicaid Reform

Who is responsible for determining Medicaid Eligibility?

The Social Security Administration determines eligibility for Supplemental Security Income (SSI). Recipients of SSI are automatically eligible for Medicaid. The Florida Department of Children and Families (DCF) determines eligibility for low-income children and families, aged persons, persons with disabilities, and persons seeking institutional care.

Once eligible, who is responsible for enrolling eligible persons in the Medicaid program?

The Department of Children and Families is responsible for enrolling Floridians in Medicaid.


What is an HMO (Health Maintenance Organization)?

HMOs are health plans that rely on a specific network of physicians and other providers to deliver health services to the plan enrollees. HMOs are prepaid – receiving a fixed amount per member per month – and must bear the risk of covering medically necessary care with that fixed amount.

What is the difference between Medicaid and Medicare?

Medicaid is the state and federal partnership that provides health coverage for certain people with low incomes who are eligible because of their age, financial situation and medical condition.

Medicare is a federal health insurance program for people who are age 65 or older or disabled. It is administered by the federal Department of Health and Human Services and Centers for Medicare and Medicaid Services (CMS). Eligibility for Medicare is not based on the person’s income or assets.

USA Today: House Democrats target 25 GOP lawmakers for Medicare vote--Republicans pass plan to convert Medicare for seniors into a voucher program

The following article was published by USA Today on April 19, 2011:
 

House Democrats target 25 GOP lawmakers for Medicare vote


House Democrats are launching an ad campaign targeting Republicans in key districts who voted last week for Budget Chairman Paul Ryan's plan to dramatically revamp Medicare.

It's the latest in the Democratic Congressional Campaign Committee's "Drive to 25," a reference to the number of seats needed in the 2012 elections to regain majority control in the U.S. House.

"This is a defining moment for House Republicans: they chose to end Medicare rather than end taxpayer giveaways for Big Oil or tax breaks for the ultra rich," said Rep. Steve Israel, D-N.Y., chairman of the DCCC. "We will go district by district to hold Republicans accountable for the wrong choice they made."

On Friday, the House passed a 2012 budget plan by Ryan, R-Wis., that would convert the Medicare health insurance program for seniors and people with disabilities into a voucher program. The final vote was 235-189, and no Democrat supported the measure.

Ryan, whose congressional district voted for President Obama in 2008, is on the House Democrats' target list. He has defended his budget proposal, saying it slashes federal spending to reduce the deficit and to protect Medicare for future generations.

The House Democrats plan radio spots, web ads, automated and live telephone calls and 4.5 million "action alert" e-mails for the next two weeks, capitalizing on spring break for Congress. No cost estimate was provided.

The GOP lawmakers being targeted are in Arkansas, Arizona, California, Colorado, Florida, Iowa, Illinois, Indiana, Michigan, Minnesota, New Hampshire, New York, Ohio, South Dakota, Texas and Wisconsin. Several of these Republicans represent districts like Ryan's that voted for Obama in 2008.

Joanna Burgos, deputy communications director for the National Republican Congressional Committee, said Democrats are engaging in "shameless scare tactics ... to mislead voters and cover up the real Democrat plan to watch Medicare die a painful death."

After the House vote last week, the NRCC sent out a news release in more than 40 districts represented by Democrats highlighting their support for an alternative to Ryan's proposal. The GOP release said these lawmakers, including Israel, voted for "more taxes and failed stimulus spending instead of real fiscal reform."

Florida ranks second in the nation in newly diagnosed cancer cases and mirrors national trends for the top cancer sites: Florida Department of Health releases 2010 State Cancer Plan

The Florida Department of Health released its State Cancer Plan today, April 22, 2011.  To view the report, click here.


Florida ranks second in the nation in newly diagnosed cancer cases and mirrors national trends for the top cancer sites.  Moreover, cancer constitutes an economic burden on Floridians with approximately $4 billion in hospital charges for in-patient hospital care in which cancer is the primary diagnosis.

The Florida Cancer Plan was created through a collaborative effort with Florida's cancer stakeholders. The state's current cancer control efforts are focused to build on the previous cancer plan's successes and outlined to address future strategies to achieve the plan's four goals. These goals include building partners, providing cancer prevention education, ensuring accessibility, and improving quality of life for all Floridians.

The plan provides an overview of the cancer burden in Florida, health disparities by population, specific behavioral and preventive measures that may reduce one's risk of cancer, and early detection techniques.
Summary of the Report:

FBI South Florida Medicare Home Health Care Sting Undercores the Importance of Hiring a Home Health Care Agency With Good References

This August 30, 2010 U.S. Department of Justice news release about a South Florida home health care sting underscores the need to ensure the hire of a reliable home health care agency . . .


South Florida Doctor, Clinic Owner, and Five Nurses Plead Guilty in Home Health Care Fraud Scheme Doctor Admits to Referring 858 Medicare Beneficiaries for Unnecessary Home Health Care Services

WASHINGTON—A medical doctor, a clinic owner, and four nurses, all South Florida residents, pleaded guilty today before U.S. District Judge Adalberto Jordan in U.S. District Court in Miami for their participation in a fraudulent Medicare home health care scheme, the Departments of Justice and Health and Human Services (HHS) announced. Another nurse pleaded guilty on Aug. 25, 2010, to charges for her role in the scheme. The individuals were originally charged in a December 2009 indictment.

Dr. Fred Dweck pleaded guilty to one count of conspiracy to commit health care fraud and one count of making false statements in patient files. According to plea documents, Dr. Dweck admitted to referring 858 Medicare recipients for unnecessary home health care services. Specifically, Dr. Dweck admitted to signing prescriptions, plans of care, and medical certifications for these patients, making it appear that they qualified for home health care services, when in fact they did not qualify for the services. The services included therapy and skilled nursing visits for purported diabetic insulin injections. As a result of Dr. Dweck’s referrals, Miami-area home health care agencies billed the Medicare program for more than $37 million in false and fraudulent claims. Medicare paid more than $22 million of the fraudulent claims.

Dr. Dweck’s co-defendant, Yudel Cayro, pleaded guilty to one count of conspiracy to commit health care fraud. According to plea documents, Cayro admitted to being an owner and operator of Courtesy Medical Group Inc., a Miami-area clinic that employed Dr. Dweck. Cayro admitted that he received kickbacks and bribes from people who recruited Medicare recipients into the scheme and from the owners and operators of Miami-area home health agencies in return for having Dr. Dweck issue prescriptions, plans of care and medical certifications for unnecessary home health care and therapy services. Cayro admitted that approximately 344 Medicare recipients were referred for such unnecessary services through his clinic, resulting in more than $16 million of fraudulent billing to the Medicare program by home health agencies. Medicare paid approximately $9.8 million for medically unnecessary home health care and therapy services.

Nurses Teresita Leal, Armando Sanchez, Lissbet Diaz, Marlenys Fernandez and Silvio Ruiz each pleaded guilty to one count of conspiracy to commit health care fraud and one count of making false statements in patient files. According to court documents, each of the nurses worked at various times for ABC Home Health Care Inc. and/or Florida Home Health Care Providers Inc., two Miami-area home health care agencies. The nurses admitted to falsifying patient files for Medicare beneficiaries to make it appear that the beneficiaries qualified for home health care and therapy services. The nurses admitted that they did so in agreement with their co-conspirators so that the Medicare program could be billed for medically unnecessary services. The owners and operators of ABC and Florida Home Health pleaded guilty last year in a separate case for their roles in the scheme. According to court documents, each nurse accepted responsibility for the billings to the Medicare program for certain patients each nurse purported to treat through ABC and/or Florida Home Health.

At sentencing, set for December 2010, each defendant faces a maximum of 10 years in prison for each conspiracy to commit health care fraud count and five years in prison for each false statement count.

Today’s guilty pleas were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; John V. Gillies , Special Agent-in-Charge of the FBI’s Miami field office; and Special Agent-in-Charge Christopher Dennis of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami office.

The cases are being prosecuted by Trial Attorneys N. Nathan Dimock, Sam Sheldon and Henry Van Dyck, with assistance from Trial Attorneys Sarah Hall and Joe Beemsterboer of the Criminal Division’s Fraud Section. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.

Since its inception in March 2007, the Medicare Fraud Strike Force operations in seven districts have obtained indictments of more than 810 individuals and organizations that collectively have billed the Medicare program for more than $1.85 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: http://www.stopmedicarefraud.gov/

Embattled Republican Wisconsin Governor Scott Walker Pens New York Times Editorial: "Our Obsolete Approach To Medicaid"

Embattled Wisconsin Governor Scott Walker wrote the following opinion column for the New York Times on April 21, 2011:

Our Obsolete Approach to Medicaid
By SCOTT WALKER
Published: April 21, 2011 

New York Times
       

WHAT does Medicaid have in common with “I Dream of Jeannie,” “Lost in Space” and “Get Smart”? They all made their debut in 1965. Although we enjoy watching reruns of these classics, the television networks have updated their programming. The federal government should do the same.

In recent years Washington has taken an obsolete program, which covers health care for low-income Americans, and made it worse through restrictive rule-making that defies common sense. It is biased toward caring for people in nursing homes rather than in their own homes and neighborhoods. It lacks the flexibility to help patients who require some nursing services, but not round-the-clock care.

If we were designing a health insurance program for low-income families today, we would use a much different model to drive efficiency and innovation — one that recognizes that the delivery of health care is fundamentally personal and local.

Time and again states like Wisconsin have blazed the path in Medicaid — from giving individuals greater control over their care to expanding the use of electronic medical records — while the federal bureaucracy has lagged behind. Just now Washington is discovering accountable care organizations (networks of doctors and hospitals that share responsibility for caring for patients and receive incentives to keep costs down) and “medical homes” (a model in which one primary-care doctor takes the main responsibility for a patient).

Wisconsin has created a database of claims and payments that gathers information from all insurers, including private companies and the state Medicaid program. It allows people to compare cost and quality across providers. We have asked Washington to add its data to our database, but it has not done so.

We need to modernize not only Medicaid’s benefits and service delivery, but also its financing. In good times, the open-ended federal Medicaid match encourages states to overspend. Amazingly, the program is now viewed by some states as a form of economic development because each state can at least double its money for each dollar spent. That matching feature penalizes efficiency and thrift, since a reduction of $1 in state spending also means forfeiting at least one federal dollar, often more.

Medicaid in its present, outdated form is unsustainable. Without serious reform, it is unthinkable to add 16 million more people, as President Obama’s health care legislation would do. The White House budget would temporarily pay 100 percent of the costs of new Medicaid enrollees. As a result, many states would expand enrollment, deferring the hard decisions until the federal money goes away.

An alternative approach is to offer block grants for Medicaid, as my fellow Wisconsinite, Representative Paul D. Ryan, the chairman of the House Budget Committee, has urged. Why now support a block grant for Medicaid when similar proposals have failed?

First, we know from more than a decade of experience with welfare reform that switching from open-ended entitlements to block grants pushes both individuals and states to behave more responsibly.

Second, more than a decade of experience with the State Children’s Health Insurance Program, which has vastly expanded coverage for children while being more flexible than Medicaid, shows the success of the block-grant model.

Third, there are already caps within Medicaid through so-called Section 1115 demonstration projects. It is through such projects, known as waivers, that innovative programs like BadgerCare in Wisconsin and MassHealth in Massachusetts (which President Obama says was his model for reform) were built. States from Arizona to Washington have also had waivers that capped federal liability for Medicaid. Their success shows that we can move beyond demonstration projects and let the federal government relinquish control over Medicaid.

Finally, some state officials oppose block grants because capped financing would bring the fiscal discipline they try desperately to avoid. But this discipline is precisely what is necessary to slow the rate of growth in health care costs. It is unlikely that doctors and hospitals will support authentic cost-saving measures as long as they believe there is more money coming from somewhere.

States are not merely “laboratories of democracy,” but also sovereign governments under our system of federalism. Unfortunately, the encroachment of the federal government in Medicaid threatens to reduce states to mere agents.

Block grants would bring a truce to the tug-of-wars between Washington and the states. This is the best option for Medicaid, facing a midlife crisis, to survive.

Scott Walker, a Republican, is the governor of Wisconsin.

A version of this op-ed appeared in print on April 22, 2011, on page A23 of the New York edition with the headline: "Our Obsolete Approach to Medicaid."

For more information about South Florida home care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care(954) 986-5090 or www.afamilymemberhomecare.com.

State Medicaid Update: Florida House of Representatives Rejects Medicaid Conference; Substantial Differences in Legislation Yet Remain

The Florida Tribune published the following article on the progress of Medicaid reform in the 2011 Florida Legislature:

House rejects Medicaid conference April 13, 2011
By: Christine Jordan Sexton

Florida's Republican-controlled Legislature remains divided over the fate of Medicaid with a little more than three weeks left in the 2011 session.

Medicaid reform was supposed to be a signature issue for GOP leaders to tackle this year, but a final accord may not be that easy to reach since there are substantial differences in the legislation being pushed by the House and Senate.

Several more examples broke out into the open on Wednesday.

Senate leaders announced that they planned to a hold a formal "conference" in order to work out how the state will overhaul the $20 billion safety net program.

Since the start of the regular legislative session Senate President Mike Haridopolos, R-Merritt Island, has toyed with the idea of conferencing the differences between the two Medicaid rewrites: SB 1972 and HBs 7107 and 7109. It was a message that Sen. J.D. Alexander repeated at a meeting of the Senate Budget Committee.

There's only one problem: House leaders have not agreed to a conference, said Katie Betta, a spokeswoman for House Speaker Dean Cannon, R-Winter Park.

“Medicaid is not tied to the budget,” Betta said when asked to explain why the House doesn’t want to agree to a conference.

Alexander meanwhile suggested that the Senate should not pass the House's version of Medicaid reform because Gov. Rick Scott likes elements of the current Senate legislation.


"We don't want to risk the governor bringing us back later,'' said Alexander.


Both chambers have agreed to essentially scrap the existing Medicaid program to change the benefits allowed under the entitlement program. The House and Senate also have both agreed to use managed care as the main vehicle to lower costs and include requirements that long term care patients use managed care.

Additionally, both chambers have included in their rewrites lawsuit protections for Medicaid participating providers although the provisions are not identical.

But that’s where the similarities end. The Senate has gone back and forth on the idea of requiring a 90 percent minimum medical loss ratio for managed care plans and bill sponsor Sen. Joe Negron, R-Stuart, said he wants the Senate to have a deliberate debate on the issue. Medical loss ratio requirements are a mandate that a certain amount of money is spent directly on health care services to patients.


The initial Senate bill had the MLR for contractors and subcontractors but it was amended out by a Senate budget committee last week. In its place was a “shared savings” approach that is supported by the Medicaid HMO industry.

Negorn called it a "very important issue" and said it would impact how billions in Medicaid dollars are spent.

"I think that would be a worthwhile discussion of committee members to talk about methodology and how we ought to proceed with that," he said.

But Negron and Sen. Eleanor Sobel, D-Hollywood, have filed an amendment to put the MLR requirement back in the bill. Negron said several members asked him about the shared savings approach and the methodology that will be used. He told reporters that he wants to include MLR requirements back in the bill and then allow a debate on the different approaches.

The Senate Budget Committee is expected to hear the measure Thursday and Negron’s amendment to place MLR requirements back in the bill will be in tow.

Another difference between the two chambers is whether providers sponsored networks are at risk.



For more information about the Florida Legislature and South Florida home care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care(954) 986-5090 or www.afamilymemberhomecare.com.

U.S. Senate Committee on Health, Education, Labor and Pensions Hearing On Health Insurance Exchanges and Ongoing State Implementation of the Patient Protection and Affordable Care Act: March 17, 2011 Testimonies

The U.S. Senate Committee on Health, Education, Labor and Pensions held a hearing on March 17, 2011 entitled:  "Health Insurance Exchanges and Ongoing State Implementation of the Patient Protection and Affordable Care Act."


To view video of the hearing, click here.


The witness panel is listed below, together with links to their complete written testimonies.


Panel I
Steve Larsen, J.D. , Deputy Administrator and Director, Center for Consumer Information and Insurance Oversight (CCIIO), Centers for Medicare & Medicaid Services (CMS), Bethesda, MD
Download File


Panel IISandy Praeger, Kansas Insurance Commissioner, Lawrence, KS
Download File


Joshua Sharfstein, M.D., Secretary, Maryland Department of Health and Mental Hygiene, Baltimore, MD
Download File


Utah State Representative David Clark, Santa Clara, UT
Download File



For more information about the U.S. Senate Committee on Health, Education, Labor and Pensions and South Florida home care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care(954) 986-5090 or www.afamilymemberhomecare.com.

U.S. Government Accountability Office (GAO) Reports on Medical Devices: "FDA's Premarket Review and Postmarket Safety Efforts"

The U.S. Government Accountability Office ("GAO") issued the following report (GAO-11-556T ) entitled "Medical Devices:  FDA's Premarket Review and Postmarket Safety Efforts"

A summary is reprinted below.  To view the full report, click on the hyperlink, also below:
Highlights Page (PDF) Full Report (PDF, 22 pages) Accessible Text


The Food and Drug Administration ("FDA") is responsible for overseeing medical devices sold in the United States.  In general, new devices are subject to FDA review via either the 510(k) pre-market notification process, which determines if a device is substantially equivalent to another legally marketed device, or the more stringent premarket approval ("PMA") process, which requires the manufacturer to supply evidence providing reasonable assurance that the device is safe and effective.

The FDA also has broad responsibilities for postmarket surveillance of devices, including oversight of recalls.  A recall involves the correction or removal of a product from the market and is an important remedial action that can mitigate the risks associated with a defective or unsafe medical device.  In recent years, GAO has identified a wide variety of concerns related to FDA's ability to fulfill its mission of protecting the public health and added FDA's oversight of medical products, including devices, to its list of high-risk areas. This statement provides an update on FDA's actions in response to a recommendation made in the GAO's report, "Medical Devices: FDA Should Take Steps to Ensure That High-Risk Device Types Are Approved through the Most Stringent Premarket Review Process" (GAO-09-190, January 15, 2009). It also contains preliminary information on the FDA's oversight of medical device recalls. Because of the preliminary nature of this work, the GAO is not making recommendations at this time.

The FDA has begun to take steps to address the GAO's 2009 recommendation about high-risk devices that are allowed to enter the U.S. market through the less stringent 510(k) process, but progress has been limited. High-risk devices include those which are implantable or life sustaining. In 2009, the GAO recommended that the FDA expeditiously take steps to issue regulations for the device types classified as high risk that are currently allowed to enter the market via the 510(k) process. Since then, FDA has set strategic goals to address these device types, but has issued a final rule regarding the classification of only one device type.


As of April 1, 2011, the FDA's action on the 26 remaining types of high-risk devices was incomplete. Thus, these types of devices--such as automated external defibrillators and implantable hip joints--can still enter the U.S. market through the less stringent 510(k) process.

The GAO found that, since its report was issued in January 2009, the FDA has cleared at least 67 510(k) submissions that fall within these high-risk device types. FDA has taken some additional steps to enhance premarket device safety since GAO's 2009 report was issued--for example, it commissioned the Institute of Medicine to conduct an independent review of the premarket review process--but it is too early to tell whether any forthcoming changes will enhance public health.  The GAO's preliminary analysis shows that, from 2005 through 2009, firms initiated 3,510 voluntary medical device recalls, an average of just over 700 per year.

Although the FDA maintains extensive information on each recall, it has not been routinely analyzing recall data that would allow it to explain trends in recalls over time, thus missing an opportunity to proactively identify and address the risks presented by unsafe devices.

The GAO's preliminary work also identified several gaps in the medical device recall process that limited recalling firms' and FDA's abilities to ensure that the highest-risk recalls were being implemented in an effective and timely manner. The GAO found that firms frequently were unable to correct or remove all devices subject to the highest-risk recalls.

The GAO's preliminary findings indicate that the FDA lacks clear guidance for overseeing recalls which has led to inconsistencies in the FDA's assessments of whether individual recalls were implemented effectively. Consequently, the FDA officials examining similar situations sometimes reached opposite conclusions regarding whether recalls were effective. In addition, the FDA had not established thresholds for assessing whether firms effectively completed recalls by correcting or removing a sufficient number of recalled devices.

Further, the GAO determined that the FDA's decisions to terminate completed recalls--that is assess whether firms had taken sufficient actions to prevent a reoccurrence of the problems that led to the recalls--were frequently not made within its prescribed time frames.

Finally, the GAO found that the FDA did not document its justification for terminating recalls. Taken together, the GAO's preliminary work suggests that the combined effect of these gaps may increase the risk that unsafe medical devices could remain on the market.


For more information about the GAO and South Florida home care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care(954) 986-5090 or www.afamilymemberhomecare.com.

Florida Agency for Health Care Administration Announces Physician Volume Data on Hip and Knee Replacements is Now Available on FloridaHealthFinder.gov

The Florida Agency for Health Care Administration issued the following news release on December 6, 2010:


Florida Agency for Health Care Administration Announces Physician Volume Data on Hip and Knee Replacements is Now Available on FloridaHealthFinder.gov


TALLAHASSEE – The Agency for Health Care Administration (Agency) today announced that physician volume data on total hip and total knee replacements is now available on http://www.floridahealthfinder.gov/.


Consumers can access everything they need to know about hip and knee replacements in Florida’s hospitals, including health outcomes, pricing, physician volume, and educational information. “It is important to provide consumers access to information that can help them make well-informed health care decisions for themselves and their loved ones,” said Elizabeth Dudek, Interim Secretary of the Agency for Health Care Administration.


The information on http://www.floridahealthfinder.gov/ helps consumers and researchers find and compare results for nursing homes, prescription drugs, hospice providers, health plan performance, and hospital inpatient data on length of stay, charges, mortality, complication and infection rates and more. The Agency conducts ongoing outreach to measure the website’s consumer usability and works with the State Consumer Health Information and Policy Advisory Council to enhance and promote tools to assist consumers in managing their own health care.

The Agency for Health Care Administration is committed to better health care for all Floridians. The Agency administers Florida’s Medicaid program, licenses and regulates more than 41,000 health care facilities and 43 health maintenance organizations, and publishes health care data and statistics on FloridaHealthFinder.gov. For more information, please visit AHCA.MyFlorida.com.


For more information about the Florida Agency for Health Care Administration and South Florida home care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care(954) 986-5090 or www.afamilymemberhomecare.com.

Brian Gauthier and A Family Member HomeCare in USA Today!

Brian Gauthier and the staff of A Family Member HomeCare at the Meyerhoff Salute to Manny Fernandez event were featured by USA Today.  To access the complete story, click here.

Gov. Rick Scott agreed to lift his emergency order that made massive cuts in state payments to caregivers who help thousands of Floridians with physical and developmental disabilities

The following article was published on April 15, 2011in the Tallahassee Democrat/Florida Capitol News:

Scott lifts disabilities-services cuts

Lawmakers assure governor that budget will include $174M needed
By Bill Cotterell
Florida Capital Bureau


Gov. Rick Scott agreed Thursday to lift his emergency order that made massive cuts in state payments to caregivers who help thousands of Floridians with physical and developmental disabilities.

Scott met with legislative leaders and received assurance that the House-Senate budget negotiations would include language covering a $174-million Agency for Persons with Disabilities budget gap. The House version of the budget already covers it, and Senate President Mike Haridopolos, R-Merritt Island, has directed Senate negotiators to follow suit.

"I'm very hopeful. We need to do it," Scott said. "It's an important group of people, individuals, so we're working with the House and the Senate."

The Medicaid waiver provides services for about 30,000 people with such conditions as cerebral palsy, spina bifida, Prader-Willi Syndrome, autism, Down syndrome and other physical or developmental disabilities.

The governor's 90-day order touched off protests by advocates for people with disabilities, who said they could not survive a 15 percent reduction in payments by the Agency for Persons with Disabilities under a Medicaid waiver program. Many service providers said they would have to lay off staff and curtail services — even close their doors — because the full impact of the cut was in some cases more than 30 percent.

Scott said at the time he had no choice, since no agency is allowed to overspend its budget.

"After years of deficit spending that put these services at risk, I'm glad that we're taking steps to finally bring responsible financial management to this agency and the people they serve," Scott said Thursday in a statement.

Terry Bishop, head of Specialized Supports and Services, said rescinding the payment cuts would keep her 90 employees caring for about 125 people in the Tallahassee-Madison area.

"I had a few leave and a few more said they were staying to help the individuals but had to start looking for other employment," she said. "Many were so attached to the individuals they served that they wouldn't leave. We're delighted to know that there will be an agreement. Many parents and providers will be so relieved."

Hundreds of providers, parents and clients staged a mass protest at the Capitol last week, demanding that Scott personally try tending to an APD client for a day or two before imposing such cuts. Bishop and other providers said clients would end up in institutions, at much greater cost and less benefit for the affected people, if they lost in-home or group care.

The formal executive order rescinding Scott's March 31 directive will go out early next week, his staff said.

"Families and advocates are frightened, frayed and exhausted," said Sylvia Smith, legislative and public affairs director for Disability Rights Florida Inc., an advocacy group. "It's badly needed good news."

House and Senate budget talks will not start until after the Easter break but the signal clears the way for payments to be kept at standard rates.

"Governor Scott's initial decision to freeze a portion of APD's budget was an effort to get a better handle on the situation," Haridopolos said in a statement. "I've worked with Governor Scott and House Speaker Dean Cannon to ensure that those Floridians who rely on this funding will receive the full amount of services provided by the state."

Scott said his agreement with the legislative leadership lifted a hold on about $30 million that will cover the payment gap for the remainder of the fiscal year.

Gov. Rick Scott agreed Thursday to lift his emergency order that made massive cuts in state payments to caregivers who help thousands of Floridians with physical and developmental disabilities.

Scott met with legislative leaders and received assurance that the House-Senate budget negotiations would include language covering a $174-million Agency for Persons with Disabilities budget gap. The House version of the budget already covers it, and Senate President Mike Haridopolos, R-Merritt Island, has directed Senate negotiators to follow suit.

"I'm very hopeful. We need to do it," Scott said. "It's an important group of people, individuals, so we're working with the House and the Senate."

The Medicaid waiver provides services for about 30,000 people with such conditions as cerebral palsy, spina bifida, Prader-Willi Syndrome, autism, Down syndrome and other physical or developmental disabilities.

The governor's 90-day order touched off protests by advocates for people with disabilities, who said they could not survive a 15 percent reduction in payments by the Agency for Persons with Disabilities under a Medicaid waiver program. Many service providers said they would have to lay off staff and curtail services — even close their doors — because the full impact of the cut was in some cases more than 30 percent.

Scott said at the time he had no choice, since no agency is allowed to overspend its budget.

"After years of deficit spending that put these services at risk, I'm glad that we're taking steps to finally bring responsible financial management to this agency and the people they serve," Scott said Thursday in a statement.

Terry Bishop, head of Specialized Supports and Services, said rescinding the payment cuts would keep her 90 employees caring for about 125 people in the Tallahassee-Madison area.

"I had a few leave and a few more said they were staying to help the individuals but had to start looking for other employment," she said. "Many were so attached to the individuals they served that they wouldn't leave. We're delighted to know that there will be an agreement. Many parents and providers will be so relieved."

Hundreds of providers, parents and clients staged a mass protest at the Capitol last week, demanding that Scott personally try tending to an APD client for a day or two before imposing such cuts. Bishop and other providers said clients would end up in institutions, at much greater cost and less benefit for the affected people, if they lost in-home or group care.

The formal executive order rescinding Scott's March 31 directive will go out early next week, his staff said.

"Families and advocates are frightened, frayed and exhausted," said Sylvia Smith, legislative and public affairs director for Disability Rights Florida Inc., an advocacy group. "It's badly needed good news."

House and Senate budget talks will not start until after the Easter break but the signal clears the way for payments to be kept at standard rates.

"Governor Scott's initial decision to freeze a portion of APD's budget was an effort to get a better handle on the situation," Haridopolos said in a statement. "I've worked with Governor Scott and House Speaker Dean Cannon to ensure that those Floridians who rely on this funding will receive the full amount of services provided by the state."

Scott said his agreement with the legislative leadership lifted a hold on about $30 million that will cover the payment gap for the remainder of the fiscal year.


For complete South Florida Home Health Care support, go to www.afamilymemberhomecare.com.