Florida: Governor

Candidates

Jeb Bush, Republican
Bill McBride, Democrat

Issues: Nursing Home Quality | Long Term Care | Utility Regulation |

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Question

What is your position on limiting non-economic compensatory damage awards against facilities whose negligent care results in a resident’s injury or death?

AARP Response

AARP believes that the right to sue a long-term care facility when negligent care results in a resident’s injury or death is essential to our efforts to ensure the quality of long-term care. Arbitrary limits on the damages awarded in lawsuits devalue the worth of older people and seriously impede or eliminate this right.

The staff report of the Task Force on the Availability and Affordability of Long-term Care found no frivolous lawsuits filed against long-term care facilities. Lawsuits are filed when residents suffer serious injuries and conditions such as bedsores, malnutrition, dehydration and broken bones.

The single-most important factor in preventing these problems is the presence of adequate numbers of well-trained staff. Florida law now provides for minimum staffing levels and the legislature appropriated the funds to achieve these levels.

Senate Bill 1202, passed by the 2001 legislature, created a carefully developed balance between regulation, quality, litigation reform, and funding. This important legislation will, when fully implemented, reduce the number of lawsuits, improve the quality of care and protect the rights of residents to seek redress in the courts when they are harmed.

AARP will oppose any change in the law that would alter the balance created in Senate Bill 1202 because any such change would be harmful to residents.

Issue	Yes	No	Unclear
Opposes any limits on compensatory damages.
Supports right of residents to sue.
Opposes any changes in SB 1202 (Florida law 2001-45)

Candidate Response: Jeb Bush

Improving the quality of care in nursing homes is a priority. We have increased nursing home funding by 60%, worked to shut down nursing homes not properly caring for residents, and recognized through the Gold Seal Program nursing homes that meet exceptional standards. Lt. Governor Brogan chaired the Task Force on Availability and Affordability of Long-Term Care, whose recommendations formed the basis for SB1202. We worked closely with AARP to ensure that SB1202 contained such quality assurances as increasing nurses in nursing homes (20:1-nursing assistants, 40:1-nurses), and giving the state greater authority to punish and close poor performing homes. I support the right of nursing home residents to recover for injuries due to negligent care by nursing homes and will continue to do so.

Candidate Response: Bill McBride

I believe that long-term care facilities must be held legally accountable for the pain and suffering that their negligence inflicts upon patients. But my main concern is to prevent the tragedies that lead to lawsuits in the first place. We need to do a much better job of linking state assistance for long-term care facilities to assuring that staff is better trained and better paid.

Question

How would you improve the availability, affordability and quality of long-term care, particularly home- and community-based care?

AARP Response

Long-term care can be costly. Public funding is limited and used primarily for nursing home care. Many people do not have family or friends to help them and few have private long-term care insurance. The system is fragmented and confusing. The amount and quality of services is inadequate.

Because of these problems, many people are not receiving the long-term care services they need. They live in fear of impoverishing themselves and becoming a burden to their families. Their health and the quality of their lives are declining unnecessarily.

Florida must develop a comprehensive system to meet the long-term care needs of all Floridians regardless of age and income.

The system should:

Be adequately funded; emphasize home- and community-based care; be consumer directed; deliver quality care; coordinate health and long-term care; support families; be accessible; coordinate with private funding; operate efficiently.

Issue	Yes	No	Unclear
Supports funding to eliminate waiting lists.
Proposes ways to meet the long-term care needs of all Floridians.
Supports long-term care system focused on consumers' needs.

Candidate Response: Jeb Bush

Seniors deserve access to quality care that will enable them to enjoy their golden years. That’s why I have increased funding for long-term community-based care options by 59%, providing services for nearly 45,000 more seniors. We created the Office of Long Term Care Policy to integrate and coordinate delivery of these services. The Consumer-Directed Care Program empowers seniors to choose the services they need, allowing them to remain in their community with their friends and family. In addition, we have partnered with over 40 Florida communities to improve traffic signals, street signage and access to affordable housing and transportation services to make them elder-friendly. Recently, we unveiled the Silver Saver program, expanding eligibility and doubling monthly drug benefits to $160 for low-income seniors.

Candidate Response: Bill McBride

Our Medicaid program has relied too heavily on more expensive institutional settings to promote long-term care for our elderly rather than developing more cost-effective home and community based initiatives. We obviously need to direct more federal and state resources to there non-institutional alternatives. Community Care for the elderly program will be a major priority of my administration.

Question

How would you protect Florida consumers from unnecessary increases in their electric and basic phone bills due to altering the regulation of public utilities and benefit service providers?

AARP Response

Telecommunications: The 2002 legislature passed legislation (eventually vetoed) that would have increased consumer’s basic phone rates. Supporters claimed it would stimulate competition by eliminating access charges paid by long-distance companies. Local companies would make up the revenue loss by increasing basic rates. Local companies claimed this increase was necessary because basic rates do not cover the cost of this service. AARP disagrees and contends that this is a declining cost industry. Compensation to the local telephone companies for access charge reductions is unnecessary.

Electricity: The legislature has considered restructuring the electric industry to stimulate competition. The benefits of restructuring for residential consumers are unclear. Lower rates are not guaranteed because residential consumers do not purchase enough electricity to be attractive to competitors. If the electric industry is restructured, residential ratepayers must receive equitable and simultaneous benefits, including rate reductions, equal access and better service, from retail competition.

Issue	Yes	No	Unclear
Supports electric deregulation beneficial to consumers
Opposes increase in basic consumer phone rates.

Candidate Response: Jeb Bush

It is in Floridian’s best interest to ensure an adequate, reliable, and affordable supply of electricity. As Florida's population doubles over the next three decades, demands for electricity will increase. The future availability of power sources will have a significant impact on our residents’ welfare, on our natural resources, and on the location and growth of industry. For these reasons, I appointed the Florida Energy 2020 Commission to study alternate, reasonable supplies of electricity.

This year, I vetoed House Bill 1683, which while well-intended would have increased consumer’s local phone rates. I have committed to work with the Legislature to enroll more elderly and needy Floridians in the Lifeline Assistance Program, which provides free service to low-income individuals.

Candidate Response: Bill McBride

We should be very, very careful and deliberative in considering any form of deregulation in the electric utility area. We should study the experiences in California to avoid making the mistakes made there.