Investigations of Miami Area ALFs May Lead to Improved Conditions

For the last month, investigators have been looking into conditions in Miami area assisted living facilities. With more than 900 ALFs in the area, Miami-Dade has more than the rest of the state of Florida. The “Neglected to Death” series the Miami Herald ran brought attention to the assisted living facility abuse and assisted living facility neglect many residents were suffering.

United Press International reported despite finding 70 locations between 2008 and 2009 that should have been shut down for various violations, the Agency for Healthcare Administration only closed a tenth of them. Some residents at these facilities suffered from pressure sores, neglect, and other indignities. Other residents, like Alfredo Navas's mother, died due to conditions in these facilities.

In 1980, a grand jury investigation into nursing home abuse and assisted living facility neglect lead to legislation designed to protect facility residents. One of the main successful outcomes of the legislation was the creation of nursing home and assisted living facility resident rights and the ability of residents to bring a civil lawsuit when their rights were violated. Unfortunately, in 2001 the long term care industry lobbyists convinced the Florida legislature to water down the civil enforcement part of the statute. As a result, lawsuits brought by families to hold ALF’s responsible for their wrongdoing have declined.

With the current economic downturn in the economy government resources are spread very thin. As a result, it appears the Florida legislature will have only limited funding available to use government resources to help address the abuse and neglect happening in some ALFs. Under the circumstances, it may be time to bring back the tough civil enforcement provisions that encouraged families to bring private lawsuits against abusive and neglectful assisted living facilities.