A new bill introduced in Florida legislature this week would bring an end to the monthly meetings between district councils and ombudsmen who volunteer at local long term care facilities.

Changing the System

Representative Kenneth Roberson (R- Punta Gorda) filed HB 91 in September. The bill was referred to committee at the beginning of November and it is now in the Healthy Families Subcommittee as legislators decide its fate. As the sponsor of the bill, Roberson claims it is a simple reorganization of the ombudsman office to make the system more efficient.

“The basis of the bill is to make it more compliant with the Older Americans Act; streamline the local district organization and relieve it of some of the unnecessary resources that we’re having to deal with,” said Roberson.

Others say it does much more than reorganize the system. Some are arguing that the bill strips away the one influencer that ombudsmen have at their disposal to really make a difference in the lives of long term care residents. Without these monthly meetings, publicizing complaints will be nearly impossible, advocates claim.

Long Time Advocate

Brian Lee served as the state’s top ombudsman for close to 8 years before Governor Rick Scott dismissed him from his position in 2011. Since then, he has been fighting the dismissal, deeming it a display of power and control by long term care providers who felt he was a thorn in their side.

Lee was seen as an aggressive advocate and many claimed his inspections of long term care facilities were “too critical”, while he says he was just doing his job. He is now speaking out against the new proposal, saying it will only hurt the progress of ombudsmen volunteers.

“It, (the proposal), guts the systematic advocacy of the program,” said Lee. “Without the councils, without the public meetings, how will ombudsmen facilitate public input into the program and pressure facilities to fix the problems?”

Office of Ombudsman

Volunteer ombudsmen regularly visit long term care facilities, speak with the residents, and perform routine inspections. Their job is to act as advocates on behalf of long term care residents who may otherwise not be able to speak up for themselves. The Office of the Ombudsmen does not have the power, however, to impose fines on a facility for violations; that is the job of the designated regulatory agency.

Long term care facilities house some of the most vulnerable citizens of our society, which spurred the creation of Ombudsmen, in order to help ensure these individuals are not exploited, neglected, or abused in any way. Violations of certain regulations usually end in fines or requested changes in policy after a complaint has been filed.

Every month, the Ombudsmen meet with the 17 district councils. The meetings provide a space in which the advocates can discuss the issues with the council members and determine whether or not to publicize certain complaints and problems related to long term care facilities. Without these meetings, some fear the original intent of the creation of Ombudsmen may dissolve.

You can read the full text of the bill on the Florida House of Representatives website here.