Probe begins in removal of state nursing home advocate

WEST PALM BEACH - Federal officials said today they are probing the removal of the state's chief advocate for nursing home residents, who was let go after butting heads with the administration of Gov. Rick Scott.

The Administration on Aging will conduct the review into long-term care ombudsman Brian Lee's dismissal, and will take "all the steps we can to see that the law was followed," said agency spokeswoman Moya Thompson.

The ombudsman program acts as a nursing home watchdog and is funded with federal money under the Older Americans Act.

In a letter to Charles Corley, the secretary of the state Department of Elder Affairs, the Administration on Aging warned the job must be filled by someone with credibility among advocates for the elderly and disabled and untainted by conflicts of interest.

"We expect that Florida will make every effort to avoid even the appearance of a conflict of interest," wrote Constantinos Miskis, a regional administrator for the AOA.

Lee, the long-term care ombudsman who served under former Govs. Jeb Bush and Charlie Crist, resigned last month after he said he was told he would be fired otherwise. It came after he repeatedly butted heads with the nursing home industry, whose lobby is particularly powerful in Florida, which has a higher percentage of seniors than any other state.

Lee had been at odds with the nursing home industry at points throughout his tenure, but said animosity toward him grew after the election of Scott, who previously ran the Columbia/HCA hospital chain, and who founded Solantic, a chain of urgent care centers.

At least one industry lobbyist wrote Scott in December asking for another ombudsman to be named.

The last straw, Lee believes, was his Jan. 31 letter to nursing homes directing them to submit information on their ownership, as permitted under the new federal health care legislation. It's a contentious issue in the industry; critics say that's because facilities are often broken into multiple businesses to make lawsuits against them more difficult.

After Lee's departure, a new letter was sent out to nursing homes telling them to disregard the order.