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Local Doctor Plays Part in Schiavo Case
WTLV ^ | 10/16/03 | Jackie Barnard

Posted on 10/16/2003 7:25:02 PM PDT by tutstar

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To: tutstar; cyn; pc93; sarasota; All
No, let's pray that this is it.....going here hoping to see the news conference.

www.myflorida.com
121 posted on 10/17/2003 9:47:52 AM PDT by JulieRNR21 (Take W-04....Across America!)
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To: JulieRNR21; No More Gore Anymore; MSCASEY; pc93
Absolutely right! I told the guy in Crist's office that if Jeb didn't do something he was just as bad as Judge Greer and Michael and die-hard Jeb supporter would not be able to vote for him again.

Any update yet pc93???? Who's holding the news conference???
122 posted on 10/17/2003 10:00:32 AM PDT by tutstar
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To: Theodore R.
"Do you think Karl Rove is behind all this inaction to save Terri? He is the Bush political advisor, and they must do nothing without testing the political calculations."



I HOPE NOT.

Karl Rove has been so wrong before, it's not even funny.
Why does the President keep him around?

I'll never forget Election night in 2000. Rove was all over the TV in the afternoon, crowing about how the next few hours would produce a Bush victory "Big time. He'll win in a walk!"
Well, he couldn't have been more wrong. Five agonizing weeks later, the President survived.

Rove strikes me as a serious amateur, out of his element. The GOP should cut him loose now, or I fear a Hitlery victory in 2004.
123 posted on 10/17/2003 10:05:46 AM PDT by Deo volente (God willing, Terri Schiavo will live.)
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To: tutstar; pc93; cyn; floriduh voter
Nothing on the My Florida site.

Can anyone provide more news about a pending press conference?
124 posted on 10/17/2003 10:06:32 AM PDT by JulieRNR21 (Take W-04....Across America!)
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To: tutstar
I am praying that they will offer her ice chips and other nutrition and she will be able to do it on her own.

What will her husband try to do then I wonder, say that she has to shot!

MCD
125 posted on 10/17/2003 10:19:46 AM PDT by MSCASEY
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To: pc93
pc93 any update???????
126 posted on 10/17/2003 10:23:22 AM PDT by tutstar
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To: JulieRNR21
What's happening, Julie? I don't have tv access. Is he holding a conference?
127 posted on 10/17/2003 10:30:02 AM PDT by CindyDawg (No one should ever have to ? a FR directive. Just read our posts :'))
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To: tutstar
I haven't heard anything yet. Bush needs to step in now.
128 posted on 10/17/2003 11:22:24 AM PDT by pc93 (A good site to visit is http://www.terrisfight.org . Oct. 15th 2pm death order must be stopped)
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To: pc93
I'm thinking that maybe they are in the process of taking action and will announce it after the fact. Wouldn't want to give Michael a running start to finish her off or for anyone else to destroy any evidence. Praying and agonizing, much agonizing....
129 posted on 10/17/2003 11:30:10 AM PDT by tutstar
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To: CindyDawg; pc93; cyn; MHGinTN; nickcarraway
There was a post a couple of hours ago from someone at the vigil. The post mentioned a 'press conference'.

I was pinged to it by pc93......thst's all I know.

I hope it wasn't just a cruel hoax or perhaps it referred to a previous press conference. However, it was dated 8-17.
130 posted on 10/17/2003 11:54:59 AM PDT by JulieRNR21 (Take W-04....Across America!)
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To: MSCASEY; tutstar; MarMema; pc93; Theodore R.; JulieRNR21; All
I AM SORRY THE FOLLOWING IS SUCH A MESS. I AM FRANTIC TRYING TO FIND SOMETHING!!!! THEY CANNOT DENY!!!!!

HELP ME SORT THROUGH THIS FREEPERS/ SEE *******'s FIRST. [i don't know why, some of the *'s appear as straight lines] I THINK IT IS POSSIBLE THIS HOSPICE CAN BE INSPECTED FOR HEALTH VIOLATIONS, AND I ALSO THINK IT MAY BE IN VIOLATION OF LICENSING REGULATIONS. THE WAY I AM READING THE FOLLOWING IS THAT YOU HAVE TO BE IN GOOD STANDING FINANCIALLY IN ORDER TO BE LICENSED. *******SCROLL DOWN TO (12)(a). HOSPICEPATIENTSALLIANCE.ORG SAYS THAT SUNCOAST IS ALMOST $15 IN DEBT. TO THE FEDS, AND IT DOESN'T APPEAR THAT THEY HAVE A LEGITIMATE WAY TO PAY IT BACK. I WONDER IF THEY COULD BE CLOSED DOWN RIGHT NOW. PLEASE READ AND SEE WHAT YOU THINK.


The 2003 Florida Statutes

CHAPTER 400

NURSING HOMES AND RELATED HEALTH CARE FACILITIES
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0400/ch0400.htm


Pressed for time here. Will try to delete all but what I THINK is the most essential:

**400.19 Right of entry and inspection.--

*****(1) The agency and any duly designated officer or employee thereof or a member of the State Long-Term Care Ombudsman Council or the local long-term care ombudsman council shall have the right to enter upon and into the premises of any facility licensed pursuant to this part, or any distinct nursing home unit of a hospital licensed under chapter 395 or any freestanding facility licensed under chapter 395 that provides extended care or other long-term care services, ***** at any reasonable time in order to determine the state of compliance with the provisions of this part and rules in force pursuant thereto. The right of entry and inspection shall also extend to any premises which the agency has reason to believe is being operated or maintained as a facility without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless a warrant is first obtained from the circuit court authorizing same. Any application for a facility license or renewal thereof, made pursuant to this part, shall constitute permission for and complete acquiescence in any entry or inspection of the premises for which the license is sought, in order to facilitate verification of the information submitted on or in connection with the application; ****** to discover, investigate, and determine the existence of abuse or neglect; or to elicit, receive, respond to, and resolve complaints. The agency shall, within 60 days after receipt of a complaint made by a resident or resident's representative, complete its investigation and provide to the complainant its findings and resolution.




(2) The agency shall coordinate nursing home facility licensing activities and responsibilities of any duly designated officer or employee involved in nursing home facility inspection to assure necessary, equitable, and consistent supervision of inspection personnel without unnecessary duplication of inspections, consultation services, or complaint investigations. To facilitate such coordination, all rules promulgated by the agency pursuant to this part shall be distributed to nursing homes licensed under s. 400.062 30 days prior to implementation. This requirement does not apply to emergency rules.



***** (3) The agency shall every 15 months conduct at least one unannounced inspection to determine compliance by the licensee with statutes, and with rules promulgated under the provisions of those statutes, ***** governing minimum standards of construction, quality and adequacy of care, and rights of residents. The survey shall be conducted every 6 months for the next 2-year period if the facility has been cited for a class I deficiency, has been cited for two or more class II deficiencies arising from separate surveys or investigations within a 60-day period, or has had three or more substantiated complaints within a 6-month period, each resulting in at least one class I or class II deficiency....... The giving or causing to be given of advance notice of such unannounced inspections by an employee of the agency to any unauthorized person shall constitute cause for suspension of not fewer than 5 working days according to the provisions of chapter 110.

****** (4) The agency shall conduct unannounced onsite facility reviews following written verification of licensee noncompliance in instances in which a long-term care ombudsman council, pursuant to ss. 400.0071 and 400.0075,.....


***** .....has received a complaint and has documented deficiencies in resident care or in the physical plant of the facility that threaten the health, safety, or security of residents, or when the agency documents through inspection that conditions in a facility present a direct or indirect threat to the health, safety, or security of residents.....



PART XII

HEALTH CARE SERVICES POOLS

400.980 Health care services pools.

400.980 Health care services pools.--

(1) As used in this section, the term:

(a) "Agency" means the Agency for Health Care Administration.

(b) "Health care services pool" means any person, firm, corporation, partnership, or association engaged for hire in the business of providing temporary employment in health care facilities, residential facilities, and agencies for licensed, certified, or trained health care personnel including, without limitation, nursing assistants, nurses' aides, and orderlies. However, the term does not include nursing registries, a facility licensed under chapter 400, a health care services pool established within a health care facility to provide services only within the confines of such facility, or any individual contractor directly providing temporary services to a health care facility without use or benefit of a contracting agent.


******* (2) Each person who operates a health care services pool must register each separate business location with the agency. The agency shall adopt rules and provide forms required for such registration and shall impose a registration fee in an amount sufficient to cover the cost of administering this section. In addition, the registrant must provide the agency with any change of information contained on the original registration application within 14 days prior to the change. The agency may inspect the offices of any health care services pool at any reasonable time for the purpose of determining compliance with this section or the rules adopted under this section.

(3) Each application for registration must include:

(a) The name and address of any person who has an ownership interest in the business, and, in the case of a corporate owner, copies of the articles of incorporation, bylaws, and names and addresses of all officers and directors of the corporation.

(b) Any other information required by the agency.

(4) Each applicant for registration must comply with the following requirements:

(a) Upon receipt of a completed, signed, and dated application, the agency shall require background screening, in accordance with the level 1 standards for screening set forth in chapter 435, of every individual who will have contact with patients. The agency shall require background screening of the managing employee or other similarly titled individual who is responsible for the operation of the entity, and of the financial officer or other similarly titled individual who is responsible for the financial operation of the entity, including billings for services in accordance with the level 2 standards for background screening as set forth in chapter 435.

(b) The agency may require background screening of any other individual who is affiliated with the applicant if the agency has a reasonable basis for believing that he or she has been convicted of a crime or has committed any other offense prohibited under the level 2 standards for screening set forth in chapter 435.

(c) Proof of compliance with the level 2 background screening requirements of chapter 435 which has been submitted within the previous 5 years in compliance with any other health care or assisted living licensure requirements of this state is acceptable in fulfillment of paragraph (a).

(d) A provisional registration may be granted to an applicant when each individual required by this section to undergo background screening has met the standards for the Department of Law Enforcement background check but the agency has not yet received background screening results from the Federal Bureau of Investigation. A standard registration may be granted to the applicant upon the agency's receipt of a report of the results of the Federal Bureau of Investigation background screening for each individual required by this section to undergo background screening which confirms that all standards have been met, or upon the granting of a disqualification exemption by the agency as set forth in chapter 435. Any other person who is required to undergo level 2 background screening may serve in his or her capacity pending the agency's receipt of the report from the Federal Bureau of Investigation. However, the person may not continue to serve if the report indicates any violation of background screening standards and if a disqualification exemption has not been requested of and granted by the agency as set forth in chapter 435.

(e) Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions, or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and controlling interests under the Medicaid or Medicare programs may be accepted in lieu of this submission.

(f) Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of chapter 435 which was committed by a member of the board of directors of the applicant, its officers, or any individual owning 5 percent or more of the applicant........


[****** Ethan Allen note: there are two convicted felons working in the Hospice's financial office.]

****** registration may not be granted to an applicant if the applicant or managing employee has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in chapter 435, unless an exemption from disqualification has been granted by the agency as set forth in chapter 435.....

**** The agency may deny, revoke, or suspend the registration of any applicant or registrant who:

**** 1. Has falsely represented a material fact in the application required by paragraph (e) or paragraph (f), or has omitted any material fact from the application required by paragraph (e) or paragraph (f); or [ EA: Hospice moved these two felons to new positions in the hospice???? I don't remember the details, no time to check right now.]

***** 2. Has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in paragraph (e). [ THIS IS WHERE, I BELIEVE, THE HOSPICE OWES THE US GOVT. $$$$$$$$$ ]

***** 3. Fails to comply with this section or applicable rules.



Commits an intentional, reckless, or negligent act that materially affects the health or safety of a person receiving services.





(5) It is a misdemeanor of the first degree, punishable under s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:

****** [EA - I believe the Hospice knew!!!]
(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to an applicant's qualifications to be a contractor under this section;


(b) Operate or attempt to operate an entity registered under this part with persons who do not meet the minimum standards of chapter 435 as contained in this section; or




(7) It is unlawful for a person to offer or advertise services, as defined by rule, to the public without obtaining a certificate of registration from the Agency for Health Care Administration. It is unlawful for any holder of a certificate of registration to advertise or hold out to the public that he or she holds a certificate of registration for other than that for which he or she actually holds a certificate of registration. Any person who violates this subsection is subject to injunctive proceedings under s. 400.515.

(8) Each registration shall be for a period of 2 years. The application for renewal must be received by the agency at least 30 days before the expiration date of the registration. An application for a new registration is required within 30 days prior to the sale of a controlling interest in a health care services pool.

(10) A health care services pool shall document that each temporary employee provided to a health care facility has met the licensing, certification, training, or continuing education requirements, as established by the appropriate regulatory agency, for the position in which he or she will be working.

(11) When referring persons for temporary employment in health care facilities, a health care services pool shall comply with all pertinent state and federal laws, rules, and regulations relating to health, background screening, and other qualifications required of persons working in a facility of that type.



(12)(a) As a condition of registration and prior to the issuance or renewal of a certificate of registration, a health care services pool applicant must prove financial responsibility to pay claims, and costs ancillary thereto, arising out of the rendering of services or failure to render services by the pool or by its employees in the course of their employment with the pool. The agency shall promulgate rules establishing minimum financial responsibility coverage amounts which shall be adequate to pay potential claims and costs ancillary thereto.


[ EA: SUNCOAST HOSPICE OWES ALMOST 15 MILLION DOLLARS TO THE US GOVERNMENT. DO THEY PLAN ON PAYING IT BACK BY OPERATING A SLAUGHTERHOUSE FOR THOSE THEY CONSIDER 'USELESS EATERS'?????????]


(b) Each health care services pool shall give written notification to the agency within 20 days after any change in the method of assuring financial responsibility or upon cancellation or nonrenewal of professional liability insurance. Unless the pool demonstrates that it is otherwise in compliance with the requirements of this section, the agency shall suspend the registration of the pool pursuant to ss. 120.569 and 120.57. Any suspension under this section shall remain in effect until the pool demonstrates compliance with the requirements of this section.


(c) Proof of financial responsibility must be demonstrated to the satisfaction of the agency, through one of the following methods:


1. Establishing and maintaining an escrow account consisting of cash or assets eligible for deposit in accordance with s. 625.52; [!!!!!!! ESCROW ACCOUNT????????? DO THEY HAVE A LIST OF NAMES TO BE TERMINATED AS AN ESCROW ACCOUNT?????????]

2. Obtaining and maintaining an unexpired irrevocable letter of credit established pursuant to chapter 675. Such letters of credit shall be nontransferable and nonassignable and shall be issued by any bank or savings association organized and existing under the laws of this state or any bank or savings association organized under the laws of the United States that has its principal place of business in this state or has a branch office which is authorized under the laws of this state or of the United States to receive deposits in this state; or

3. Obtaining and maintaining professional liability coverage from one of the following:

a. An authorized insurer as defined under s. 624.09;

b. An eligible surplus lines insurer as defined under s. 626.918(2);

c. A risk retention group or purchasing group as defined under s. 627.942; or

d. A plan of self-insurance as provided in s. 627.357.




(d) If financial responsibility requirements are met by
maintaining an escrow account or letter of credit, as provided in this section, upon the entry of an adverse final judgment arising from a medical malpractice arbitration award from a claim of medical malpractice either in contract or tort, or from noncompliance with the terms of a settlement agreement arising from a claim of medical malpractice either in contract or tort, the financial institution holding the escrow account or the letter of credit shall pay directly to the claimant the entire amount of the judgment together with all accrued interest or the amount maintained in the escrow account or letter of credit as required by this section, whichever is less, within 60 days after the date such judgment became final and subject to execution, unless otherwise mutually agreed to in writing by the parties. If timely payment is not made, the agency shall suspend the registration of the pool pursuant to procedures set forth by the agency through rule. Nothing in this paragraph shall abrogate a judgment debtor's obligation to satisfy the entire amount of any judgment.

(e) Each health care services pool carrying claims-made coverage must demonstrate proof of extended reporting coverage through either tail or nose coverage, in the event the policy is canceled, replaced, or not renewed. Such extended coverage shall provide coverage for incidents that occurred during the claims-made policy period but were reported after the policy period.

(f) The financial responsibility requirements of this section shall apply to claims for incidents that occur on or after January 1, 1991, or the initial date of registration in this state, whichever is later. [ OHIOAN
FROM FLORIDA - YOU SAID TERRI WAS ADMITTED IN 1991 ]





(g) Meeting the financial responsibility requirements of this section must be established at the time of issuance or renewal of a certificate of registration. [******WERE THEY???????? !!!!!!!!!! THEY ARE IN DEBT TO THE US GOVT 15 MILLION DOLLARS!!!!!!! HELP ME HERE, FOLKS, CAN THEY BE CLOSED DOWN RIGHT NOW FOR VIOLATION OF THIS ALONE??????]





(13) The agency shall adopt rules to implement this section, including rules providing for the establishment of:

(a) Minimum standards for the operation and administration of health care personnel pools, including procedures for recordkeeping and personnel.

(b) Fines for the violation of this section in an amount not to exceed $2,500 and suspension or revocation of registration.

(c) Disciplinary sanctions for failure to comply with this section or the rules adopted under this section.

131 posted on 10/17/2003 11:58:08 AM PDT by Ethan_Allen (Gen. 32:24-32 'man'=Jesus http://www.preteristarchive.com/Jesus_is_Israel/index.html)
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To: CindyDawg; pc93
Here's the post from another thread:

-- TERRISHOPE@a... wrote:
> From: TERRISHOPE@a...
> Date: Fri, 17 Oct 2003 12:01:25 EDT
> Subject: Just Spoke To Terri's Family...
> To: TERRISHOPE@a...
>
> Terris does NOT have a fever, she is alert and
> holding on!!! A news
> conference is being held soon. For Florida go to
> chnl 13 10 and 8 more news to follow
> as I get it.. God bless ALL of you, Lisa


Who is Lisa?
132 posted on 10/17/2003 12:01:43 PM PDT by JulieRNR21 (Take W-04....Across America!)
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To: JulieRNR21
With Randall Terry involved on the scene, you can expect a certain amount of confusion. I suspect his motives in trying to be center-stage at this vital watch for Terri's life.
133 posted on 10/17/2003 12:20:21 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: MHGinTN
With Randall Terry involved on the scene, you can expect a certain amount of confusion. I suspect his motives in trying to be center-stage at this vital watch for Terri's life.

Was it Randall Terry who called a news conference?

134 posted on 10/17/2003 12:28:36 PM PDT by JulieRNR21 (Take W-04....Across America!)
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To: JulieRNR21
no it says Oct 17
135 posted on 10/17/2003 12:29:45 PM PDT by tutstar
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To: JulieRNR21
I haven't the foggiest, but it is just like him to call a news conference without making it clear whom is to speak and why the alert.
136 posted on 10/17/2003 12:30:28 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: MHGinTN
Jeb is not acting. A "miracle" is needed. I'm heading to the vigil.
137 posted on 10/17/2003 12:31:51 PM PDT by pc93 (A good site to visit is http://www.terrisfight.org . Oct. 15th 2pm death order must be stopped)
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To: JulieRNR21
I understand that Randall Terry has a destructive home life of his own.

However, Randall Terry has stepped forward to help when no one else would. He has been courteous and helpful thus far, it seems to me. I don't think he is looking for the spotlight for himself. If he is having a press conference, I would think that he is making one last futile attempt to beg Jeb to investigate all the fraud in the case and put Terri back on her feeding tube.

138 posted on 10/17/2003 12:33:21 PM PDT by Theodore R.
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To: pc93
It looks as though he weighed the political fallout and deemed Terri's life not worth the political hassle it would cause him to save her.
139 posted on 10/17/2003 12:34:14 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: Theodore R.
IF those are Randall's intentions, then I would stand with him in that effort if it were possible to be there.
140 posted on 10/17/2003 12:35:48 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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