Not in Nursing Homes

The Florida Supreme Court has ruled that the state’s “right to know” constitutional amendment that lets patients check records of medical mistakes by doctors and hospitals doesn’t apply to nursing homes. The amendment language cites “health-care facilities” and “providers” as defined in general law; the court agreed with a 4th District Court of Appeal ruling that state law doesn’t include nursing homes among “health-care facilities.” The Florida Health Care Association, a nursing home trade organization, said the amendment should not apply to nursing homes because it refers to “patients,” and people in nursing are considered “residents” under state law. The Florida Justice Association, a trial lawyers’ group, filed a friend of the court brief arguing nursing homes should be covered.