STATE LONG-TERM CARE OMBUDSMAN COUNCIL MINUTES August 5, 2011 PROPOSED

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Rick Scott, Governor Charles T. Corley, Secretary Jim Crochet, State Ombudsman STATE LONG-TERM CARE OMBUDSMAN COUNCIL MINUTES August 5, 2011 PROPOSED State Council Members Present Jeanne Anastasi JoAnna Emerson Del Fields Neil Giroux Bill Hearne Don Hering (Ex-Officio) James Jen Joan Kita Rene Martel-Cave David Pargman Charlotte Poss Sunny Pratt Joan Rixom Ray Sykes Carol Weideman Robert Yates Staff Present Helen Anderson Robin Baker Clare Caldwell Diane Carpenter Carol Carr Jim Crochet Lashea Heidelberg Lisa Hong Tresa Johnston Terre Anne Lindstamer Latoya Lovejoy Kevin McKeown Ryan Miller Linda Owens Lynn Penley Mike Phillips Aubrey Posey Ann Proie Jo-Ann Quiles Merel York Shuler Priscilla Zachary Guests Present Brian Lee Tom Poss Lee Ann Griffin Kay Vermette Mel Willsie Welcome and Introductions Welcome was extended to all present. Action on Minutes Motion: Charlotte Poss moved to approve the May 6, 2011, meeting minutes. Carol Weideman seconded the motion and it carried. State Council Vice-Chair Report The Council discussed the training process for new state council representatives. Members noted previous procedures and suggested the Training Committee be involved in this process. Don Hering stated that the State Chair has been the person who works with the new representatives. Del Fields suggested this topic be revisited at the November meeting. Ex-Officio Report Don Hering mentioned several district issues and stated that Florida Health Care Association (FHCA) will be looking into them. Mr. Hering reminded the Council that the Agenda Item forms need to be submitted 2 weeks before the State Council meeting. Mr. Hering reviewed resumes for the State Chair position and encouraged the Council to select a Chair that has great initiative. State Long-Term Care Ombudsman Report Jim Crochet, State Ombudsman, discussed the idea of Ombudsmen without borders and the desire to see experienced volunteers share their knowledge across districts. DRAFT Page 1 of 7

Mr. Crochet encouraged ombudsmen to be present at the upcoming Governor s Assisted Living Workgroup. He briefly outlined the primary concerns about assisted living facilities that serve residents with mental health issues. He outlined the budget cuts that the Program is experiencing and discussed how this will impact future State Council and possibly district council meetings. Merel York Shuler is working to provide video conferencing for meetings that will not be face-to-face. Mr. Crochet mentioned his big focuses would be on recruitment, retention and training. COMMITTEE REPORTS Data and Information Committee Carol Weideman, Committee Chair: Dr. Weideman shared that the Committee has developed an Ombudsman Exit Survey and an Ombudsman Retention Survey through Survey Monkey. The Committee would like the district manager, district chair, and state council representative in each district to complete the survey and provide feedback on improvements. The official surveys from which data will be compiled will be released after the questions are finalized. Review of the Ombudsman Monthly Activity Report was tabled. The Committee completed its work on the issues of volunteer retention, recruitment and recognition. Headquarters staff is working on this issue. Motion: JoAnna Emerson moved to accept the Data and Information Committee report. Joan Kita seconded the motion and it carried. Advocacy Committee David Pargman, Interim Committee Chair: The Committee discussed the following: o The cuts to Medicare and its impact on residents of long-term care facilities. o The current stance of nursing homes on Medicaid Managed Care. o Dental care provided by Medicaid and the difficulty in finding dentists who accept this program. The Committee also discussed different problems with the administration of the Baker Act. o The Baker Act is being misused on patients with Alzheimer s disease, dementia, and other mental health issues. o The Florida Assisted Living Association (FALA) is working to revise the language used in the Baker Act. Motion: Neil Giroux moved to accept the Advocacy Committee report. Carol Weideman seconded the motion and it carried. Training Committee Diane Carpenter, Staff Liaison: James McFatter, State Trainer, provided a partial presentation of the Certification Training. A portion of the training will be available on-line for trainees to review before coming to class. Mr. McFatter also gave a presentation of the Residents Rights training that will be finalized and ready for distribution and use during Residents Rights Month in October. Motion: Neil Giroux moved to accept the Training Committee report. Charlotte Poss seconded the motion and it carried. Nominating Workgroup Report JoAnna Emerson Three nominations were received: Del Fields, Carol Weideman, and Charlotte Poss. Nominations were opened from the floor. No nominations from the floor were received. Each nominee was given a few minutes to discuss his or her qualifications. State Council Chair Election The Council voted and elected Carol Weideman as State Council Chair.. DISTRICT COUNCIL REPORTS District #1 Northwest Ray Sykes Facility assessments completed (quarter): 18 percent. Facility Assessments completed (to date): 88 percent. DRAFT Page 2 of 7

o Cases opened: 24 Current ombudsmen statistics: 9 Council recruitment efforts: None Council advocacy achievements; None District #2 Panhandle David Pargman Facility assessments completed (quarter): 12 percent. Facility Assessments completed (to date): 90 percent. o Cases opened: 40 o Resident and Family Council meetings attended: 1 Current ombudsmen statistics: 15 Council recruitment efforts: 24 PSAs sent to local newspapers. Recruitment brochures placed at local grocery stores, the library, and FedEx. A recruitment advertisement was placed in the Elks Newsletter. Council advocacy achievements: None reported District #3 North Central JoAnna Emerson Facility assessments completed (quarter): 22 percent. Facility Assessments completed (to date): 88 percent. o Cases opened: 23 Current ombudsmen statistics: 12 Council recruitment efforts: Continued PSAs in local papers and placed an ad in the Gainesville Guardian which resulted in numerous requests for information. Council advocacy achievements; 2 community presentations and 10 staff, resident, or family council presentations. Facilities Presenting Challenges: Park Meadows Nursing Home (NH), Gainesville Health Care Center NH, and Hands of Grace Assisted Living Facility (ALF). District #4 Withlacoochee Area Charlotte Poss Facility assessments completed (quarter): 40 percent. Facility Assessments completed (to date): 100 percent. o Cases opened: 52 o Resident and Family Council meetings attended: 12 Current ombudsmen statistics: 19 Council recruitment efforts: Attended 2 health fairs, interviewed 10 new applicants, 6 ombudsmen intraining and 5 have paperwork in progress. One ombudsman interviewed with the media. Council advocacy achievements: Bridge at Life Care Center of Ocala ALF interfered with ombudsman access. The issue was resolved and training was provided on ombudsman access to facilities. Facilities Presenting Challenges: None reported other than Bridge at Life Care Center of Ocala ALF. District #5 First Coast James Jen Facility assessments completed (quarter): 29 percent. Facility Assessments completed (to date): 96 percent. o Cases opened: 26 o Resident and Family Council meetings attended: 3 DRAFT Page 3 of 7

Current ombudsmen statistics: 17 Council recruitment efforts: TV special with WJCT Health Matters. Two ombudsmen were on the set and one while on an assessment. A Podcast with the Times Union. Council advocacy achievements: Glenwood NH closed its doors on June 30, 2011. All residents were visited at their new locations. Facilities Presenting Challenges: None reported. District #6 Mid and South Pinellas Carol Weideman Facility assessments completed (quarter): 17 percent. Facility Assessments completed (to date): 28 percent. o Cases opened: 78 o Resident and Family Council meetings attended: 8 o Number of legislative contacts completed: 3 Current ombudsmen statistics: 11 Council recruitment efforts: Ombudsmen shadowed/interviewed by the St. Pete Times and ABC Action News; attended Senior Fun Fest in Seminole; contacted multiple newspapers to place an ad resulting in many calls to the office in July. Council advocacy achievements; District Resident Council Meeting and election of officers occurred. The president and vice-president met with the district ombudsman manager to plan future meetings and events. Council responded quickly to the emergency closure of Hilcrest ALF. Facilities Presenting Challenges: Pasadena Manor NH had multiple unresolved issues that were reported to AHCA for investigation; Peacekeeper s Den ALF had pieces of its roof fall and residents had to be moved out of four rooms. AHCA notified them of their intent to deny a license. District #7 Pasco and North Pinellas Del Fields Facility assessments completed (quarter): 28 percent. Facility Assessments completed (to date): 93 percent. o Cases opened: 91 o Resident and Family Council meetings attended: 6 Current ombudsmen statistics: 22 Council recruitment efforts: Monthly recruitment ads were placed in local newspapers. Ombudsmen spoke to the public about the Program. Facilities Presenting Challenges: Complaints have increased at Bay Tree Nursing Center. Ombudsmen are attending all family and resident council meetings. Hillandale ALF and Mapleway Community ALF (same owners and administrator) have had numerous complaints concerning supervision, personal property, and financial exploitation. AHCA has filed to revoke Hillandale s license and the owners have appealed. Complaints at Wellspring ALF have increased. District #8 West Central Florida Joan Rixom Facility assessments completed (quarter): 43 percent. Facility Assessments completed (to date): 83 percent. o Cases opened: 64 o Resident and Family Council meetings attended: 5 o Number of legislative contacts completed: 4 Current ombudsmen statistics: 11 Council recruitment efforts: Recruitment ads are sent to 18 local newspapers monthly to be placed as free filler ads. Council advocacy achievements: West Central Florida Council was awarded the Outstanding Superiority in Community Service by Austin Curry, Director, Elder Care. DRAFT Page 4 of 7

Facilities Presenting Challenges: Fletcher Health and Rehab continues to violate residents rights and does not address the resident council concerns. District #9 East Central Florida Sunny Pratt Facility assessments completed (quarter): 10 percent. Facility Assessments completed (to date): 40 percent. o Cases opened: 41 Current ombudsmen statistics: 21 Council recruitment efforts: State Council Representative and District Chair attended a volunteer fair at the State Representative s church. Council advocacy achievements; Ombudsman Ruth Battle-Hall displayed true advocacy when she determined, while reviewing a resident s chart, that the resident was given a medication despite their current low blood pressure and low heart rate readings. Facilities Presenting Challenges: None reported. District #10 Southwest Neil Giroux Facility assessments completed (quarter): 38 percent. Facility Assessments completed (to date): 84 percent. o Cases opened: 67 Current ombudsmen statistics: 18 Council recruitment efforts: The Council continues to have a half-page ad for volunteers in the Southwest Senior Living Guide. Council advocacy achievements; Planning continues for the October celebration of October as Residents Rights Month. Invitations were sent to 42 facilities requesting participation. Facilities Presenting Challenges: Sarasota Health and Rehab takes electric wheelchairs away from residents and The Fountains of Lake Point Woods ALF has an illegal policy preventing residents from choosing their own private-duty caregivers.. District #11 Palm Beach County Robert Yates Facility assessments completed (quarter): 31 percent. Facility Assessments completed (to date): 55 percent. o Cases opened: 75 o Resident and Family Council meetings attended: 1 o Number of legislative contacts completed: 25 Current ombudsmen statistics: 19 Council recruitment efforts: None. Council advocacy achievements: City Walk has bed bugs and the Council is working with adult protective services to assist residents in relocating. Staff members have funneled questionable dealings to many agencies and action is pending with the FBI. Facilities Presenting Challenges: Other than City Walk, Medicana and Avante of Boca NH and Boynton Beach ALF are having some problems; however, referral to the State Council is not needed at this time. District #12 Broward County Clare Caldwell, ROM Facility assessments completed (quarter): 30 percent. Facility Assessments completed (to date): 86 percent. o Cases opened: 32 DRAFT Page 5 of 7

o Number of legislative contacts completed: 2 Current ombudsmen statistics: 26 Council recruitment efforts: Council members attended the Department of Children and Families sponsored Elder Abuse Awareness Day event and the July meeting of the Elder Services Resource Network and presented Program information at each event. Council advocacy achievements: The Council participated in 22 Spot Checks. Facilities Presenting Challenges: The Palms Nursing and Rehab in Lauderdale Lakes is being monitored for its discharge practices. The 12 limited mental health facilities in Lauderhill continue to present unique challenges which continue to be addressed in cooperation with sister agencies. District #13 North Dade Joan Kita Facility assessments completed (quarter): 17 percent. Facility Assessments completed (to date): 54 percent. o Cases opened: 29 o Resident and Family Council meetings attended: 0 o Number of legislative contacts completed: 2 Current ombudsmen statistics: 7 Council recruitment efforts: Distribution of recruitment brochures, participation at local fairs and participation in local college activities. Facilities Presenting Challenges: North Beach Rehabilitation and Miami Jewish Home are dumping residents. Park Plaza ALF has systemic violations that have been referred to the appropriate agency. Some of the violations have generated sanctions and fines; however, there is no improvement. District #14 South Dade and the Florida Keys Bill Hearne Facility assessments completed (quarter): 27 percent : o Cases opened: 50 o Resident and Family Council meetings attended: 1 o Legislative contacts: 10 Current ombudsmen statistics: 14 Council recruitment efforts: Presentations to the National Active andretired Federal Employees Association (NARFE) and Florida Association of Directors of Nursing Administration (FADONA); participation in the Nueva Esperanza Church Health Fair. District #15 First Coast South Rene Martel-Cave Facility assessments completed (quarter): 16 percent. Facility Assessments completed (to date): 75 percent. o Cases opened: 37 o Resident and Family Council meetings attended: 0 Current ombudsmen statistics: 7 Council recruitment efforts: Two newspaper articles in Volusia have resulted in 8 applications. Another newspaper article is planned for the next 6 weeks in Flagler County Facilities Presenting Challenges: None reported. District #16 Treasure Coast Diane Carpetenter, ROM Facility assessments completed (quarter): 9 percent. Facility Assessments completed (to date): 91 percent. o Cases opened: 16 DRAFT Page 6 of 7

Current ombudsmen statistics: 14 Council recruitment efforts: Council members have been asked to speak on behalf of the Program at largescale meetings. District #17 South Central Jeanne Anastasi Facility assessments completed (quarter): 46 percent. Facility Assessments completed (to date): 100 percent. o Cases opened: 35 o Resident and Family Council meetings attended: 0 Current ombudsmen statistics: 14 Council recruitment efforts: None. Facilities Presenting Challenges: Astoria Health and Rehab is a new facility that has medication and staff attitude issues and the Council is continuing to work with Southern Oaks ALF staff by providing training. Old Business The Council decided to table the State Council s approved 3 step proposal until the next State Council meeting in November. New Business The Council discussed how to resolve a complaint made against an ombudsman on the Southwest Council. The new visitation / administrative assessment form was handed out and briefly discussed. Training for staff will occur in November and the form will be rolled out shortly after the training. Adjournment Motion: Dr. Pargman moved to adjourn the State Council Meeting at 12:30 p.m. Joan Rixom seconded the motion. Motion carried with no discussion. Meeting adjourned at 12:30 p.m. DRAFT Page 7 of 7