EDITORIAL: Protect residents of nursing homes

Sept. 16--The deaths of eight elderly nursing home residents in the aftermath of Hurricane Irma drew strong reactions: Outrage. Sorrow. Anger. Horror.

But -- at least for those familiar with Florida's lax regulation of nursing homes -- not surprise.

"I get calls like this every day," says Nathan Carter, an Orlando attorney who specializes in nursing home cases and has testified on behalf of residents before federal and state legislative hearings. Florida has never had strong protections for nursing home residents, he says, and in recent years the state has gotten significantly less zealous in enforcing the already-weak laws.

The immediate response is obvious: The state should launch a full and thorough investigation of the circumstances that led to the deaths of eight patients at The Rehabilitation Center at Hollywood Hills in Broward County -- one that goes beyond the scope of the criminal investigation already underway, drilling into the multiple layers of failures, excuses and inaction that led to this tragedy.

And officials shouldn't stop there. They must take action to prevent further tragedies. That includes ensuring adequate preparation for a weather-related emergency, such as generators, evacuation plans and adequate supplies to weather a storm -- provisions that are supposedly already law (and subject to tougher new federal regulations set to kick in later this year). But it also includes stronger protections for vulnerable elderly residents at all times, and the political will to enforce those laws on a consistent basis.

This isn't the only case of its kind to draw national attention. After Hurricane Harvey, one picture that went viral showed residents of a Dickinson, Texas assisted-living facility sitting in wheelchairs in waist-deep water. And officials were called to evacuate a nursing home in Port Arthur, Texas, which also flooded. Meanwhile, dozens of Florida nursing homes and assisted-living facilities lost power after Irma, and not all of them had the equipment and supplies required under law.

The first question is whether the Hollywood Hills facility was compliant with existing laws. Officials say it had a generator operating after Irma took out part of its power, and staff told law enforcement the facility was not overheated Tuesday. But sometime in the early morning hours on Wednesday, emergency services were called for a patient suffering cardiac arrest. An hour later, a second patient was transported with breathing problems. After a third call, fire department officials went through the building. Three patients were found dead on the facility's second floor, and dozens of others were in obvious distress.

These deaths happened while there was a hospital across the street. Administrators could have reported the sweltering conditions in the facility and asked for help evacuating vulnerable people. They didn't. And now eight people, ages 70 to 99, are dead.

As the state works to nail down the details of the Hollywood Hills tragedy, it should also look at the bigger picture. The Hollywood Hills facility had a long and spotty history, including sub-par inspections, as reported by the Miami Herald. Yet the state's most recent response was a fairly minimal fine of $5,500. Advocates like Carter have accused Gov. Rick Scott of dismantling much of Florida's nursing-home regulation. That includes abruptly firing Brian Lee, the head of the state's long-term care ombudsman program in 2011, after Lee angered powerful lobbying groups representing long-term care providers.

In the run-up to the coming legislative session, lawmakers should shore up Florida's protections for vulnerable elders. It shouldn't take eight horrific deaths to motivate lawmakers to act. But those deaths should compel state leaders to take action.

___

(c)2017 The News-Journal, Daytona Beach, Fla.

Visit The News-Journal, Daytona Beach, Fla. at www.news-journalonline.com

Distributed by Tribune Content Agency, LLC.