Assisted living facilities (ALFs) - veterans' homes, nursing facilities and adult group homes - have a duty of care when they assume responsibility for our aging loved ones. However, serious breaches in this promise of care and safety are too often the norm. Following numerous reports of questionable deaths, unreported sexual assaults and facility cultures promoting physical abuse and neglect, Florida lawmakers have vowed to make drastic changes to protect the state's more vulnerable citizens.
The problem with ALF regulation is real. As the Miami Herald recently revealed, nearly one ALF resident dies each month as a result of abuse and neglect. These cases often go unreported because caretakers alter, forge or conceal evidence. Illegal restraints are regularly used on residents. Facilities, eligible to be shut down due to serious safety violations, remain open.
In late June, Governor Rick Scott called for the creation of a task force that would reform regulation and monitoring of the assisted-living industry in Florida. The Assisted Living Workgroup will have members representing various appointees from the legislature, state advocacy organizations and the ALF industry. To date, panel representatives include the Florida Assisted Living Association, State Sen. Ronda Storms, State Rep. Matt Hudson and Long Term Care Ombudsman Jim Crochet.
The governor also has vetoed legislation that would have relaxed background check guidelines for volunteers working with seniors. Additionally, lawmakers plan to form a Senate panel that will draft new legislation aimed at stricter monitoring and penalties for negligent ALF facilities. In June, a select group of senators met with members of the Agency for Health Care Administration (AHCA) and local ALF providers to discuss the need to develop new legislation.
Elder abuse within the assisted living industry is a serious public health and safety issue. As the American population ages, the risk of more widespread maltreatment and exploitation of disabled and older citizens will increase without genuine reform. If you are concerned that a loved one has been suffering abuse or neglect in an assisted living facility, please contact an experienced personal injury attorney to explore your options.














