Proposal 88 Would Add Nursing Home Resident Bill of Rights to Florida Constitution | Law Firm Newswire

Proposal 88 Would Add Nursing Home Resident Bill of Rights to Florida Constitution

Tampa, FL (Law Firm Newswire) July 24, 2018 - A movement to add a Nursing Home and Assisted Living Facility Residents’ Bill of Rights to the Florida constitution is currently underway.

While some organizations see the bill as a ploy for lawyers to gain further income from a spike in claims against nursing homes, Brecht Heuchan believes that the proposal is more geared towards establishing “a situation where the rights of residents of long-term care facilities are at least on par with the rights of everyone else.”

Heuchan, Florida Constitution Revision Commission member, filed Proposal 88 last November. The commission’s Declaration of Rights Committee approved the proposal on January 19 and is now in the process of moving to the full commission for cogitation.

Last September, Hurricane Irma caused a power outage that wiped out the air conditioning at the Rehabilitation Center at Hollywood Hills in turn causing many elderly residents to suffer from overheating. The 14 deaths of residents at the center spurred on the proposal, according to Heuchan.

“Everyone deserves to have their rights protected, especially the elderly who rely on these nursing homes for care and comfort,” said Robert Joyce, a Tampa nursing home abuse attorney with the law firm Joyce & Reyes. “We need to ensure that situations like the deaths at Hollywood Hills do not happen in the future.”

With Proposal 88, nursing home employees would be required to treat residents with respect and courtesy. The facilities themselves would have to have liability insurance or another type of financial resources to cover any instance of “loss, injury and damage [residents] suffer because of abuse, negligence, neglect, exploitation or violations of residents’ rights.”

Some organizations voiced concerns and worries regarding the bill. Emmett Reed, the executive director of the Florida Health Care Association, feels that the proposal would mostly boost trial lawyers’ income because of an increase in nursing home abuse claims. Reed argues that Florida is “among the best in the nation in nursing and CNA staffing ratios.”

Heuchan sees the proposal as a necessity for change regarding “these poorer people who go to these facilities that aren’t quite as good,” rather than the facilities that have received positive recognition by the governor’s Panel of Excellence.

It will take 22 of 37 commission members to pass the proposal in order for it to land on the November general election ballot. For Proposal 88 to be added to the Florida constitution, 60 percent of voters must vote in support of the bill.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007

View Larger Map

  • What to Do After a Car Accident
    Car accidents are potentially life-changing events that can do far more the physically cripple victims. Under many circumstances, car accidents also can bankrupt victims when the medical costs greatly exceed any insurance coverage amounts. The following tips should help to ensure maximum payouts when involved in a car accident. Almost everyone has a cellphone that […]
  • Uber, Lyft are driving accident fatalities
    In large cities, ride-hailing services provide an affordable alternative to taxi cabs, without the hassle of mass public transportation systems. Uber is the king of ride-hailing services, with Lyft a slightly distant second across the nation. Since their sudden rise starting in 2011, a new study suggests they have increased traffic fatalities in large cities […]
  • Common signs of nursing home abuse
    Placing a loved one in a nursing home is often a very difficult decision that a family has to make. Usually, a family makes this decision because ultimately they believe their loved one will have a better life and be well taken care of. However, in some Florida nursing facilities, families learn that not only […]
  • Accident involving pedestrian ends in fatality
    On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […]
  • Serious injuries caused by dump truck accident in Hillsborough County, Florida
    On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required