Florida: State Senate District 1

Candidates

Anthony C Tony Hill, Democrat

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

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Question

Florida law provides the right to sue and recover damages when a long-term care facility provides negligent care that results in injury or death to a resident. 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 nursing home and assisted living facilities.
Opposes any changes to the law created by Senate Bill 1202 (Florida law 2001-45)

Candidate Response: Anthony C Tony Hill

Certainly I agree with nursing home residents that negligent care resulting in injury or death is unacceptable. I would oppose any limits on compensatory damages for nursing home residents. I strongly support the right of residents to sue nursing home and assisted living facilities. I oppose any changes to the law created by Senate Bill 1202 (Florida law 2001-45). The State should move forward to implement and immediately enforce the law- without amendments! Our elderly nurtured and cared for us; they have the right to live out their life in dignity. Additionally, nursing home workers require fair compensation for their hard work. I will fight both for the residents and the workers. Ensuring more highly qualified, well-paid workers provides the best care for residents.

Question

Many people cannot find affordable, quality home and community-based long-term care and face long waiting lists when they need help with the cost of their care. How would you improve the availability, affordability and quality of long-term care, particularly home and community-based care?

AARP Response

Long-term care services can be costly. Many people cannot afford to pay for them. Public funding for long-term care is limited and waiting lists for services are long. Many people do not have family or friends to help them and few have private long-term care insurance.

In addition, the current long-term care system is fragmented and confusing to those who need to use it. Public funding is used predominantly for nursing home care. The amount and quality of services is inadequate. Information about the availability and quality of services is not readily available to consumers.

Because of these problems many older people do not receive 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 decline unnecessarily.

Florida must have a comprehensive, cohesive system to meet the long-term care needs of all Floridians regardless of age and income. Creating such a system must be a legislative priority.

The system should:

• Be adequately funded,
  
  
• Emphasize home and community-based care,
  
  
• Focus on the needs of consumers,
  
  
• Provide for consumers to direct their own care,
  
  
• Support the role of families in providing care,
  
  
• Be easily accessible.
  
  
• Coordinate with private insurance coverage,
  
  
• Focus on the quality of care and the quality of life,
  
  
• Improve the coordination between health and long-term care services,and
  
  
• Be efficiently administered.
  
  

Issue	Yes	No	Unclear
Supports funding to eliminate waiting lists.
Proposes ways to meet the long-term care needs of all Floridians.
Supports the development of a long-term care system focused on the needs of consumers not providers.

Candidate Response: Anthony C Tony Hill

I strongly support funding to eliminate current and future waiting lists for people who need financial assistance. I plan to propose ways to meet long-term care needs of all Floridians, not just those who need financial assistance. I support the development of a long-term care system focused on the needs of consumers not providers, and I will fight for full coverage for prescription drugs for seniors as part of the Medicare program. Additionally, I support church-based elder care housing and care facilities as an effective cost-measure for long-term care. Such facilities would give careful attention to residents needs including individual communication, dressing, grooming, allowing of private space, allowing of private space providing nourishing food, and enhancing dignity and respect.

Question

In recent years the Florida legislature has considered a number of proposals that would alter the regulation of public utilities and benefit service providers at the expense of service consumers. How would you protect Florida consumers from unnecessary increases in their electric and basic phone bills?

AARP Response

Telecommunications: The 2002 legislature passed legislation that would have increased consumer’s basic phone rates. This Governor vetoed this legislation.

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: Anthony C Tony Hill

Utility regulation must include affordability for basic services- especially for our senior citizens who cannot afford costly utility bills. I strongly support regulation that specifically benefits the consumer, and I strongly oppose an increase in basic consumer phone rates. Utility deregulation could bring about competitive rates for services, but there must always be consideration for “affordable basic services”. Too many services for the elderly are being jeopardized by the insensitivity of those who give away millions in tax breaks and leave our aging population with fewer and fewer resources! Everywhere I go, I hear public outrage because of the depletion of services for seniors and the blame is clearly upon the governor and the legislature. I will fight to reverse this course that harms our seniors.