News

Legislative (or Administrative) Action Affecting Florida’s Elderly and Disabled

Presented by Emma Hemness, BCS, CELA
www.hemnesslaw.com

Better Living For Seniors Hillsborough August 26, 2022

Statewide Medicaid Managed Care Long Term Care Program –

Older news: AHCA received CMS Waiver renewal to increase available slots from 84,000 to 94,000 in April 2020. Locally, in our PSA, priority 5 (+ higher ranks) releases are 350-400 per month. For August, DOEA released 394.

Older American Act programs –

ADI got $12 million. CCE got an additional $9 million. Statewide there remains staffing crisis for home health programs

Elder Abuse, Neglect & Exploitation Statutes (Ch. 825 & 415)

Attorney General Ashley Moody and the Elder Law Section of the Florida Bar worked together on additions to the statutes

Added: Expands who may bring an action for injunction by now allowing an agent under Power of Attorney to bring an action, IF and ONLY IF the authority is granted within the Durable Power of Attorney.

Provided: Additional means of proving abuse and exploitation of an elderly person or disabled adult by criminalizing the intentional isolation of vulnerable adults from family members. Law enforcement and prosecutors can intervene prior to irreversible physical harm or loss of assets that isolation is designed to facilitate or conceal.

Added: Expanded timeframe for injunction for protection against exploitation up to 45 days (from 15)

What does killing someone and exploiting a person have in common?

Added: Forfeiture for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or disabled adult. To receive NO benefit from joint accounts or by Will or by Trust, or beneficiary designation, if convicted.

Added: Criminalizes conduct of exploiter who changes terms of the will or trust

Added: Receipt of a kickback or improper benefit is now a breach of fiduciary duty, considered exploitation

Added: Obtaining appointment under POA statute with purpose of benefitting someone other than principal is exploitation

Money Received by Contractors – older news. Not limited to elderly or vulnerable. If contractor is paid >10% and performs no work within 90 days, then a crime is presumed. Anything over $1000 is a felony.

Individual Retirement Accounts – 2022 legislation: If received as part of divorce settlement, can remain protected from creditors.

Guardianship Data Transparency – 2022 legislation: A statewide database will be established by clerk of courts

Foreign Guardianship Transfer – 2022 legislation “DOA”. Florida (one of only 4 states) does not participate in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). Courts may not accept a foreign guardianship under “full faith and credit”.

As BLS members, we strive to protect and improve the lives of local seniors by staying informed about and involved in issues affecting older adults, but we also want to instill this level of commitment in students who are pursuing careers in the fields of aging. That is why BLS established our competitive scholarship. Every year, local students who plan to pursue a career serving older adults and are enrolled in a post-secondary program are encouraged to apply for a BLS Scholarship. After reviewing the qualifications and interviewing the top applicants, we award up to two $1000 scholarships annually. Winners from previous years have been enrolled in various areas of study from Pharmacy to Social Work to Nursing to Library Science, which demonstrates the diverse aspects of seniors’ lives that will be impacted by these students as they pursue their careers.

This year’s winners are Madison Roberts and Sarah Hedger, who happen to share more than a few similarities. Both are currently enrolled in University of Tampa’s Nursing program and will graduate with their BSN degrees in May 2023. They recently became CNAs so they could have a more hands-on nursing experience as they continue their education. And, in addition to being hard-working, articulate, and committed to serving older adults, both of them enthusiastically expressed the joy, knowledge and fulfillment they receive from working with older adults.

Congratulation Madison and Sarah! We are encouraged by your passion and commitment to serving seniors and wish both of you the best of luck.

Better Living for Seniors has partnered with the Greater Brandon Meals on Wheels to deliver care packages to needy clients in our area. On September 18, 216 care packets were delivered and distributed to seniors on their route.

Click here for news story covered by Fox 13

Better Living for Seniors Hillsborough is pleased to announce the 2020 scholarship recipient, Ms. Allison Clark. Ms. Clark is currently attending USF’s School of Social Work and plans to graduate in the Spring of 2021.  When asked about her career and educational goals for the future, she states, “It is my hope as a soon-to-be social worker that I can help end the challenges that seniors face in the pursuit of a living a full, happy life. I intend on working with my local government as a social worker in the Aging Services Department because of my experience with working with this population.  Pursuing my social work degree and winning this scholarship means I can take care of someone’s grandparent for them in ways they may not be able to.”

Ms. Clark has interned at Brandon Regional Hospital and Manatee County Parks and Natural Resources Department. She has also worked as a caregiver at Brookdale Senior Living in Manatee County.

Congratulations Allison!