TheSoapbox's blog

Last week’s fire in the Mt. Carmel Adult Residential Facility (ARF)¹ resulted in the death of five of its six residents, according to the LA Times.  ARFs and RCFEs are similarly regulated by the state, and they share many common features; of the lessons learned from the ARF fire, many will be applicable to the RCFE.  In fact, the new reorganization of CCLD will now require Licensing Program Analysts (inspectors) to inspect both RCFEs and ARFs.  This blog explores how well an RCFE is prepared to protect resident safety in times of emergency. 

Signed into law on 9/30/11, the RCFE Residents Foreclosure Protection Act of 2011 will require RCFE licensees to notify, within 2 days, the Department of Social Services, the State Long-Term Care Ombudsman Office, facility residents and their representatives, as well as applicants for potential residence, when their facility is in financial distress. Financial distress under SB 897 is defined as foreclosure, bankruptcy, NSF checks for payroll, and/or payment notices from utility companies. It expands the discretionary authority of the Department of Social Services to issue civil penalties for failure to provide this notification, and to suspend or revoke a facility’s license should the failure to provide such information result in a resident

The Scenario: Let’s suppose your Mom, in her 80s, frail, and suffering from dementia, is a resident in an assisted living facility. One night she wanders away from the facility. Perhaps because the facility didn’t have sufficient night staff to care for her needs, or the alarm system wasn’t working, or staff forgot to close doors, or the alarm system wasn’t activated. She wanders out into the night, into oncoming headlights, and gets hit by a car. Maybe she’s severely injured, or maybe she dies as a result of her injuries. In either case, I’m guessing that you’ll want to make sure the Licensee responsible for your Mom’s 24/7 care and supervision is held accountable.

    Dear Consumer,  read the series "Neglected to Death" from the Miami Herald, a three-part investigative series that discloses how Florida has failed to safeguard the elderly in assisted-living facilities.  The exposé tells of “elders languishing in dangerous and decrepit conditions” under the watch of crooked providers as state inspectors pay no heed to obvious warning signs. Alone, these tragic stories of neglect and abuse of Florida’s elderly living in assisted living facilities is enough to stun even the most objective of readers.