TALLAHASSEE — The Florida Health Care Association has asked Gov. Ron DeSantis to protect nursing home and health care professionals from legal repercussions when it comes to treating patients with the COVID-19 virus.
J. Emmett Reed, Executive Director of the FHCA, sent the letter requesting sovereign immunity on April 3. He's asked DeSantis to protect health care providers and professionals employed by them from any legal recourse, be it civil or criminal, for alleged damages or injuries said to have been received because of what was or wasn't done while arranging medical services if they're providing care under a COVID-19 emergency rule, the treatment is impacted in response to or because of the coronavirus outbreak in support of the state's rules, and they're acting in good faith. Reed called the ability to treat patients during the pandemic "a matter of vital state concern affecting the public health, safety and welfare of all citizens."
Reed wrote in his letter, such protections would allow these facilities and their employees "to provide services for any individual in the state during the emergency rule without fear of reprisal for providing care to their patients during this difficult time."
He asked that the immunity include: skilled nursing facilities, hospitals, other licensed facilities providing health care, sites created to provide medical care during the response to the outbreak and licensed health care professionals, including certified nursing aids, home care workers, and health care facility staff such as administrators, supervisors, and board members.
"While we're praying for our loved ones there, praying for the health care workers that are working there to keep them all safe, the industry's lobbyists decided they wanted to, you know, prey on the public sentiment," said Brian Lee, the Executive Director of Families for Better Care, "They want zero accountability for anything that they do."
Lee said he believed the request was to solidify their interests first.
"To me it's just appalling, but again I shouldn't be surprised," he said.
Lee claims associations in Pennsylvania and Illinois have made similar requests in their respective states.
Although in the letter, Reed said any immunity granted shouldn't cover damages caused by something that falls under "willful or intentional criminal misconduct, gross negligence, reckless misconduct, or intentional infliction of harm." But, anything done due to a lack of resources or staffing shortage resulting from the pandemic shouldn't be considered any of those things.
"Now more people are going to die because of these policy decisions, and it's a real travesty and shame," said Lee, "some people should be held accountable for this because they're wanting no accountability, and yet there should be more accountability."
Lee said these litigation issues should be dealt with through the Florida legislature by way of a bill proposal after the crisis is over.
"They're gambling with the lives of our loved ones and it's really sad," Lee said.