Florida Legislature Fails to Pass Nursing Home Transparency & Accountability Law
Holding a Nursing Home responsible for wrongdoing in the State of Florida has become a game of wading through multiple layers of corporate structure. Nursing Home Negligence Lawyers used to be able to focus their efforts on proving the negligent conduct of the nursing home. However, In the late 1990's Nursing Homes figured out that dividing up the various components of owning and operating a facility into seperate corporations could help them escape responsibility for their conduct. Often, one corporation will own the property; one corporation will hold the license and employ the staff; one corproation will employ the management personnel; and one corporation will employ the accounting, billing, and regulatory personnel. Each of these companies will be owned by yet another company which are all owned by one large out of state parent company. All of the profits of the facility are funneled out through the various corporations indirectly to the main parent company. The Nursing Home then takes the position that a neglected and abused Nursing Home resident can only sue the company that holds the license and employs the staff (the licensee). Of course, the licensee company will carry very little or no insurance and own no assets. Many times the law favors the nursing homes. Unfortunately, the system of shell corporations has become so complicated that the cost of litigating the issues has scared away many Nursing Home Abuse Lawyers.
During the recent legislative session, the Florida Legislature had the opportunity to address some of the problems associated with the Nursing Home corporate shell game. The legislature was considering a bill labeled "Nursing Home Transparency & Accountablity". The bill would have required nursing homes to indentify related companies during the licensing process as well as publically disclose all contracts between the related companies. Although the bill would not have eliminated the deceptive shell game, It would have made it easier for Nursing Home Personal Injury Attorneys to connect the dots. Unfortunately the bill died in committee. There does not appear to be a rational explanation as to why the Florida Legislature failed to pass this law.
Scott Distasio
Tampa Nursing Home Negligence Lawyer
Distasio Law Firm
Helping Injured People
Offices: Tampa
1-888-595-0022
