Judge declines to dismiss FL ombudsman case

Share this article:
Brian Lee
Brian Lee

The Florida ombudsman case against the state and long-term care provider groups can proceed, a judge decided Wednesday.

Circuit Judge James Shelfer denied motions to dismiss the lawsuit filed by Brian Lee, who is suing the state Department of Elder Affairs, the Florida Health Care Association and the Florida Assisted Living Association. He is seeking damages of more than $15,000, the Miami Herald reported.

As ombudsman, Lee had asked long-term care providers to submit ownership information. He says he was forced to resign because of it in February 2011. Among the assertions is that FALA and FHCA asked Gov. Rick Scott if the ombudsman could be someone with “closer ties to the industry.”

In addition to alleging tortuous interference by FALA and FHCA, Lee says that he was covered under the Florida Whistle-Blower Retaliation laws. The defendants, however, say that the right to free speech protects their clients and that no malfeasance occurred.

Share this article:

More in News

Special surveys on dementia care, Minimum Data Set coding will launch by mid-year, CMS announces

Special surveys on dementia care, Minimum Data Set ...

Surveyors will scrutinize dementia care and Minimum Data Set coding in an upcoming pilot program to test more expansive oversight of these areas, the Centers for Medicare & Medicaid Services ...

Charges that Omnicare disguised nursing home kickbacks as charitable contributions can proceed, ...

A whistleblower can keep pursuing his allegations that long-term care pharmacy Omnicare funneled payments to nursing home owners through so-called charitable donations, U.S. District Court Judge Robert M. Dow Jr. recently ruled. Dow dismissed other charges leveled in the suit.

States can designate more nursing homes in urgent need of quality improvement, ...

The federal government is reactivating the special focus facility program for nursing homes with quality issues, the Centers for Medicare & Medicaid Services has announced. The program was minimized due to budget cuts last year.