DiBiaggio Law Weighs In on New Florida Nursing Home Legislation

WEST PALM BEACH, Florida – DiBiaggio Law, a law firm handling nursing home neglect cases, weighs in on the passage of HB 1239 (Bill), created in part to address the staffing crisis in nursing homes.

The Bill was passed by the Florida House and Senate in March 2022, signed by Governor DeSantis on April 6, 2022, and became effective the same day. Republican Representative Lauren Melo sponsored the Bill to amend the law so that residents of nursing homes receive fewer hours of daily care from certified nursing assistants (CNAs). Instead of receiving a minimum of 2.5 hours of direct daily care from a CNA, as was previously required, the Bill stipulates that patients are now only required to receive two hours of such care by a CNA per day (a 20% reduction in nursing care).

The Bill maintained the requirement that patients receive at least 3.6 hours of total care per day but noted that nursing homes could account for a portion of this time through the work of paid feeding assistants, activities staff, mental health professionals, and other non-medical workers.

“The nursing home staffing shortage weighs heavily on everyone’s mind, but it’s especially difficult for those who live with the daily worry of whether or not their loved one will get the care they need during their stay in a nursing home. Even in the best of circumstances, neglect can occur in nursing homes due to the stresses and demands of patient care. Reducing time spent with our most vulnerable population by a CNA is not the answer to the nursing home staffing shortage. We owe it to our seniors and their families to do better,” says founding attorney Deirdre DiBiaggio.

About DiBiaggio Law

As a seasoned and skilled negotiator with over 30 years of practicing law, Deirdre DiBiaggio takes a personal interest in her clients, leveraging her excellent relationships with judges and other attorneys to obtain the best possible outcome. Since 1995, she has handled personal injury lawsuits such as this. Her bilingual Spanish firm also serves the needs of her Spanish-speaking clients.

DiBiaggio is a past member of the Dade Human Rights Foundation and a past member of the Unlicensed Practice of Law Committee of the Florida Bar Association and the National Organization of Social Security Claimants’ Representatives (NOSSCR). DiBiaggio Law is ready to help with your nursing home neglect or personal injury case, workers’ compensation claim, or social security disability claim. Visit DiBiaggioLaw.com for more information.

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