Posted On: October 9, 2008 by Cohn, Smith & Cohn

Florida Accused of Railroading Patients Into Nursing Homes

The State of Florida is the target of a class-action lawsuit by Medicaid recipients who say the state illegally forces them to enter nursing homes when they are healthy and able enough to stay home. According to the Associated Press, nearly 8,500 people in Florida institutions (backed by the AARP, among others) are part of the federal lawsuit, which claims that nursing homes' business sides have pressured politicians to make nursing homes the easiest choice for people on Medicaid, even if they could live with relatives or at home with the help of an aide.

It's easy to see why older folks would rather live at home than in an institution. Who wouldn't? For adults accustomed to running their own lives and making their own decisions, an institution can be a nightmare, especially if it is not run with the dignity of the residents in mind. In a few cases, institutions can hide and abet nursing home abuse or elder abuse, both of which are part of my legal practice, and both of which I work vigorously to stop for my clients. Nobody should be forced to go into an institution if they have a more comfortable choice available.

In fact, the article says, a nursing home or other institution may not even be the cheapest choice. For people who can live independently, a nurse's aide who drops by once or twice a day is by far cheaper than entering an institution, which provides meals, housing and constant care. However, says the article, it's more difficult to get this type of community-based care and the waiting list is longer. So if the allegations in the lawsuit are true, not only are older and disabled Floridians being stripped of their dignity, but every Florida taxpayer is paying for it.

Helping correct these sorts of injustices is one of the most rewarding parts of my work as a nursing home abuse and elder abuse lawyer. I look forward to learning more about this lawsuit. But if you believe someone you love is a victim of elder abuse or abuse at a nursing home, now is the time to act. Contact our firm, Cohn, Smith & Cohn, today for a free consultation.