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In its litigation reform proposal, the group wants caps on damage verdicts set case by case.
By ALISA ULFERTS
© St. Petersburg Times, published February 7, 2001
TALLAHASSEE -- Leaders of Florida's AARP unveiled their proposal for nursing home reform Tuesday -- and declared it their top legislative priority.
Rather than accept arbitrary limits on damage verdicts against negligent nursing homes, the group wants to see caps set case by case. Lawmakers and nursing homes have blamed recent multimillion-dollar verdicts for the industry's financial woes.
AARP also wants the state to enforce minimum standards of care in the homes, something the group says Florida has failed to do.
"Nursing home quality, or the lack of it, is going to be our number-one priority in the Legislature this year," said E. Bentley Lipscomb, director for the Florida AARP.
AARP's litigation reform proposal includes encouraging early mediation and, if necessary, appointing a special master to determine a reasonable amount of damages due the nursing home patient should the case prevail. That amount then would serve as a cap if the case goes to trial, according to AARP.
The AARP aired its idea the same day Lt. Gov. Frank Brogan briefed House committee members about work completed this week by the Long-Term Care Task Force, appointed last year to address the so-called nursing home crisis. Brogan was chairman.
Nursing homes and their advocates are pushing for an end to big lawsuits, which they say are driving up liability insurance premiums and pushing them into bankruptcy. The lawyers who file those lawsuits say they would cease if the state would focus on improving the care within the homes.
Tuesday, Brogan said the state must do both. He wants a reform package that includes improving care, finding alternatives to nursing homes and addressing the industry's liability and insurance woes.
Brogan added that the AARP proposal could be part of the solution but said he doubted if it alone would solve the problem.
"I don't think it takes the place of some of the other things we've talked about like attorney's fees," Brogan said.
Larry Polivka, director of the task force, also stopped short of endorsing AARP's plan, saying he will have to see it first.
"I think it could work to some extent," Polivka said.
AARP expects to have a draft available in about two weeks.