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 The 1995 regulations also changed the format and scope of the survey process.(44) The surveyors mark down all violations on a grid.(45) Once plotted, the location of the violation on the grid determines the severity of the punishment.(46) The 1995 regulations broadened the scope of surveys, as surveyors may now consider residents'' quality of life.(47) "A resident''s happiness with staff treatment, or level of privacy, is now mixed with the old standards."(48) Facilities may no longer hide behind numerical standards. For example, a surveyor can still cite an adequately staffed facility "if [the] residents complain of inattention."(49) Recently, the conflict between reimbursement and quality care received national attention.(3) Vencor, the U.S.''s second largest nursing home chain, attempted to terminate its Medicaid contracts and evict all its Medicaid residents.(4) Executives explained that the contract terminations and resident evictions were strategies to make room for higher paying private pay residents.(5) Faced with state, and potentially federal, fines,(6) as well as a district court injunction and public outrage over the patient dumping, the company quickly abandoned its policy and apologized.(7) The attempted resident evictions quickly prompted new legislation less than a year later, which forbids facilities from evicting Medicaid patients based solely on payment status. Although the strategy resulted in a public relations disaster, the company claims that the real "bad guy" is the government because what the government pays "is not adequate to cover the cost for what [the company] believe[s] is the proper care for a patient."(8) This statement reflects providers'' frustration with current government payment levels and expected standards of care throughout the nation. This Note discusses the causes of recent growth in nursing home litigation and its effects on nursing home residents, providers and government. Specific attention is devoted to Florida for demographic and legislative reasons. Complementing its large elderly population, Florida has one of the broadest private rights of action for nursing home residents. Consequently, other states use Florida''s statute as a model.(11) Part II of this Note examines the national nursing home environment, reflecting on the status of the industry and relevant legislation. Part III explores current federal nursing home legislation and discusses recent reform efforts. Part IV examines Florida''s nursing home industry and raises concern about particular state legislation widening nursing home liability. Through its residents'' rights statute, Florida has witnessed a tremendous growth in nursing home litigation and corresponding jury verdicts. Part V describes the actual and potential effects of Florida''s rapid growth in nursing home litigation on providers and residents. Part VI discusses the state''s reform efforts and powerful political lobbies'' countermeasures. Finally, Part VII suggests possible state regulation reforms to preserve the industry before excessive private litigation reaches devastating levels. Find Nursing Home Ratings for nursing home's all over the USA right here! Find out what people are saying about your nursing home!
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