From Dr. Sam Sugar–on respecting Fla. advance directives and designated health care surrogates

On Tuesday, January 13, 2015 1:27 PM, Dr. Sam Sugar <> wrote:
Good Day

Florida Statute 765 requires three agency heads  (AHCA, DOEA, Health) to educate seniors as to their civil rights regarding advance directives and designation of health care surrogate.  It also requires each of the three Directors/Secretaries to honor those civil rights and to protect seniors whose rights are not being respected.  All three are failing to execute their responsibilities in this matter. 

On behalf of every Florida Citizen who has created advance directives in hopes of having them executed, I hereby urgently request that the Justice Committee of the House interrogate them under oath in a legislative hearing, as to why they are failing to obey 765 and the   the Patient Self-Determination Act of 1990, which requires CMS to cancel the contract of every Florida health care provider that does not honor the terms of the advance directive and the instructions of the designated health care surrogate. (42 CFR Chap. 417). I also urgently request that the AG urgently act to enforce existing law. 
Failure to obey the Advance Directives hastens death and for that, 765 provides a criminal penalty.  

All three agency heads are in violation of State Law 765, which puts all three in violation of the PSDA.  Because of the novel construction of the PSDA, a violation of a state law as to advance directive becomes elevated to a federal violation.  Thus the criminal violation of 765 becomes a federal criminal violation as well.

We insist that
  1.  The AG take all measures needed to enforce existing law,  and to  Show Cause why the three secretaries should not be removed from office for civil and criminal violations of 765.
  2. The House Judiciary Committee promptly schedule a hearing in which the three  secretaries  can be questioned about why they have failed to uphold Statute 765.
  3. The Office of Statewide Prosecution convene a  Statewide  Grand Jury to investigate  misconduct  by the  agencies .

For example, the Secretary of Elder Affairs has purged the Administrative Code of references to Advance Directive, and replaced each instance of the phrase with “DNRO”, on the theory that the two are interchangeable.  They are not.  He has deprived those who want to live of their Right-to-Life; and obliterated any provision for a Surrogate to exercise authority over an elder in any institution governed by Elder Affairs.  This is a gross violation of  765 and the PSDA.

We pray for an urgent and timely response.

Dr. Sam Sugar

Aventura Florida 33180
855 91 ELDER

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