Politics And Florida Office Of Ombudsman...Does Industry Hold Too Much Sway?

Posted on March 10, 2011 by John R Kormanik

I found a story in today's Tampa Bay Online (Florida) interesting, disturbing and, unfortunately, unsurprising. According to the article, Brian Lee, Florida's long term care ombudsman resigned after "butting heads" with Florida's new governor, Rick Scott. Mr. Lee indicated the "last straw" which lead to his forced resignation was a letter he sent out to Florida's nursing homes "directing them to submit information on their ownership, as permitted under the new federal health care legislation." This is a contentious issue because, according to critics of the nursing home industry, "facilities are often broken into multiple businesses to make lawsuits against them more difficult."

Florida's ombudsman program is funded, in part, by the federal government. Idaho's Commission's on Aging's ombudsman's program receives similar funding. The federal government is looking into Mr. Lee's situation; a representative of the federal government is quoted as stating: "We expect that Florida will make every effort to avoid even the appearance of a conflict of interest" in the appointment of a new ombudsman.

In Idaho, the Ombudsman is hired by the administrator of the Idaho commission on aging. Currently, Ms. Kim Toryanski is the administrator of the commission. Ms. Toryanski was appointed by the governor, and confirmed by the state senate.

Let's hope the Idaho ombudsman program is not politicized. The Ombudsman serves as a critical advocate for those who need it the most, residents of long-term care facilities and persons 60 years' or older living in the community.

Do you have questions about the Idaho ombudsman? Submit them to me and I will try to find answers and post them in the future on this blog.

 

 

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Some Politicians Are Pressuring State Regulators To Keep Nursing Homes Open

Posted on June 30, 2010 by John R Kormanik

moneyYou would think state legislators would be on the side of vulnerable nursing home residents. According to  a recent story by Clark Kauffman in the Des Moines Register, you could be wrong. At least one Iowa state representative allegedly exerted pressure to recertify a facility. The problem was, the facility had been the subject of at least $21,500 in fines for its neglect of residents.

Mr. Kauffman's story concerns ManorCare Nursing Home, located in West Des Moines, Iowa, and West Des Moines state senator Pat Ward. Apparently, Senator Ward telephoned Dean Lerner, the head of Iowa Department of Inspections and Appeals and told him ManorCare was providing a "very high" level of care and urged Mr.Lerner "to recertify it as quickly as possible." Unfortunately for Senator Ward, at the very moment he was on the telephone with Mr. Lerner, inspectors were at ManorCare. Those inspectors were in the process of compiling a list of additional violations, which would result in $500 in fines. The article indicates this is was not the first time an Iowa politician had interfered in an inspection of a nursing home facility.

Mr. Kauffman also references a U.S. Government Accountability Office report from 2009. According to Mr. Kauffman, the GAO believed "legislative pressure and other factors were contributing to nursing home inspections that minimized the problems found in care facilities through the nation. Seven states told the GAO that pressure from the industry or from state legislators might have compromised their entire inspection process."  

Shouldn't your state legislators be on the side of those who need it the most? I ask you, who needs protection more: ManorCare or its residents. The answer, at least to me, is obvious. The residents of ManorCare deserve the protection of strong legislation and independent inspectors who hold facilities accountable for neglectful conduct. Is Idaho one of the seven states that complained to the GAO about political pressure? I will investigate and get back to you.

At the end of the day, it is up to all of us to hold our state legislators accountable. If they are not in favor of protecting nursing home residents, let them know you do not approve. This is truly a subject where the state legislator is either "for" nursing home residents, or "against" them. 

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