Florida speeds ahead with Covid-19 protections for nursing homes — without any cases
TALLAHASSEE — This week, Florida’s Republican-led Legislature steamed ahead with a plan to shield the state’s nursing home industry from a feared onslaught of Covid-19 lawsuits, even though no actual suits appear to have been filed, more than a year after the pandemic hit the state.
The Florida Agency for Health Care Administration is typically notified when a nursing home receives an “intent to sue” letter from a plaintiff, but at this time the agency has not received any notices due to Covid-19.
“Although the Agency may be notified when a nursing homes receives an ‘intent to sue’ letter from a plaintiff, at this time we have not received any notices of litigation filed against nursing homes due to COVID-19,” AHCA spokesperson Tiffany Vause wrote in an email.
Two lawyers who are in the early stages of filing dozens of lawsuits against nursing homes said they are waiting to see how the legislative dust will settle in May.
FL SB74 (21R) in the Senate, and FL_HB7005 in the House, would both offer broad protections for Florida’s health care industry as the state endured the pandemic that has killed more than 31,000 residents. Committees in both chambers each approved similar measures this week. Both bills only require one more committee stop before they are eligible for floor discussion.
A lingering question amid debates over both bills is just how many cases are out there. The nursing home industry, which includes assisted-living facilities, has backed the plans. Orlando lawyer Robin Khanal told the Senate Committee on Health Policy during a Wednesday meeting that he was overseeing 65 lawsuits on behalf of his firm, Quintairos, Prieto, Wood & Boyer, P.A.
The difference between Khanal’s cases and the response of no cases from AHCA was the stage of state law. The agency is only notified of a case after it’s officially filed, and Khanal’s cases were in “presuit” phase, according to law.
Khanal said during a Thursday interview that presuit phase includes an initial investigation, typically a letter from an attorney. He knows several more cases filed by lawyers who are awaiting action by the Legislature and Gov. Ron DeSantis.
“A lot of people are waiting to see what happens here,” Khanal said.
The dozens of cases brought up by lawyers during previous legislative committee meetings are not actually ready for prime time, and many are in an investigative phase to see if any claims exist. Those claims are addressed in an arbitration process established by law that must be exhausted before a complaint is filed in court. Many of them actually will not become cases.
Two Covid-related cases still in the investigatory stages were filed by Tampa lawyer Bennie Lazzara Jr., on behalf of the families of two Pinellas County nursing home residents who died during the Covid-19 pandemic.
“My clients would be devastated to be just blocked from something they deserve,” Lazzara said during a Thursday interview.
A Florida legislative analysis of a2011 House bill about nursing homes included a 10-year breakdown of legal notifications received by AHCA since state lawmakers approved a legal protections measure for the industry in 2001. When POLITICO asked for the same information about claims related to Covid-19, AHCA’s Vause said no such claims exist.