TALLAHASSEE, Fla. — Nursing homes are required to notify families if someone in the facility tests positive, but the state of Florida is not required to release the name of the nursing home to the public.
Florida Democrats have called that lack of transparency unacceptable and are asking for the information to be made publicly available.
“Because without the fear of liability there is great concern that the level of care would diminish even more,” said Sen. Gary Farmer, District 34.
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In a letter to Gov. Ron DeSantis, the Florida Healthcare Association requested nursing homes be covered by sovereign immunity, which is a state exemption to protect them from civil or criminal lawsuits.
The association said it would provide necessary liability protection for providers, so they can render care without fear of being sued during this difficult time.
Farmer called the request outrageous.
"They already have an obligation to provide care for their patients, whether it's a difficult time or a normal time," he said.
Farmer and other democratic lawmakers said granting sovereign immunity is unnecessary, unconstitutional and unprecedented protection for nursing homes that could put hundreds of thousands of elderly patients at risk.
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Farmer said there is already some evidence of a Florida nursing home trying to hide information.
"According to a whistleblower who's come forward, they were instructing their staff not to record temperatures higher than 100 degrees," he said.
Channel 9 legal analyst said the names of the nursing homes with positive cases should be released under public record laws, because this is a public health crisis.
Channel 9 asked the governor’s office for his response to the issue, but has not heard back.
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