A battle of David versus Goliath has emerged in response to a bill filed in the House and Senate which is supported by the Office of Insurance Regulation (OIR).
The bill (SB 1656) proposes amendments to Florida Statute 651 which are intended to reform the law that governs continuing care retirement communities (CCRCs), especially provisions intended to give the OIR new tools to deal with CCRC bankruptcies.
Insurance Commissioner Mike Yaworsky has gone on record criticizing a major continuing care provider association because some of its members have pressured retirement home residents to oppose provisions of the bill that are supported by Florida Life Care Residents Association (FLiCRA), the association made up of 13,000 residents of retirement communities across Florida.
The Commissioner communicated in writing to LeadingAge Southeast that he found the association was engaging in “unacceptable and unproductive behavior.”
Hank Keith, who is CEO of Westminster Communities of Florida, has also come under fire from Westminster retirement community residents across the state, after he wrote to residents personally several times urging them to launch a letter-writing campaign to urge legislators to oppose the OIR bill.
In his letters to residents Keith claimed that the OIR bill would lead to “significant increases in monthly costs” for residents and would “reduce charitable impact.”
FLiCRA Executive Director Bennett Napier says FLiCRA “supports specific provisions in the bills centered around new and improved definitions, additional financial transparency and protection of resident financial interests.”
“Like other stakeholders, FLiCRA wants to ensure the Florida CCRC marketplace is stable and able to grow to meet consumer demand.” Napier said. “We appreciate that a number of owner/operators of Florida CCRCs chose not to engage their residents in letter writing against the House and Senate bills that are likely to be amended during the committee process.”
Some Westminster residents believe their friends and neighbors may have been misled into signing the form letters that Westminster management provided to them.
One such resident is former Rep. Marjorie Turnbull, who lives at Westminster Oaks in Tallahassee. After receiving communication from Westminster that included a pitch from Keith criticizing the bill, sample letters, and contact information for legislators, Turnbull fired back a response asking Westminster to withdraw the request.
“I was perturbed by the email asking Westminster Oaks residents to contact their legislators regarding a bill that has not been explained to us in detail prior to this request,” Turnbull said. “Without more detailed information and a like statement from FLiCRA, which solicits resident input prior to taking a position, I would suggest that any resident, who sends such a letter to a legislator, may not be acting in his/her own best interest.”
“It would be wise (for Westminster) to retract the request until we receive more information,” she concluded.
It appears Westminster instructed managers at all 12 of its Florida CCRC locations to distribute the Keith communication to residents.
At the Sandhill Cove Senior Living Community in Palm City, local management took it a step further and made a presentation to the community at both the February and March “Cup of Joe” monthly gatherings.
Sandhill Cove resident Pete Morrisey said the presentations came without any advance notice. “At the end of the meetings they said there were form letters they could give to people,” Morrisey said.
Morrisey said he agrees with Turnbull that the tactics of Westminster and some other owner/operators surely led some residents to sign form letters without fully knowing what they were opposing.
The OIR bill is scheduled to be taken up by the Senate Banking and Insurance Committee on Monday.
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