What is the Florida Shuffle? The term “Florida Shuffle” refers to a disturbing and deceitful practice prevalent in some rehabilitation circuits in the state.
It describes the cyclical movement of patients between detox centers, sober homes, and treatment facilities, often without substantial therapeutic benefit to the individual.
Instead of focusing on genuine recovery, certain unscrupulous facilities use this shuffle to maximize insurance billings. The “shuffle,” is fueled in part by federal laws requiring insurance providers to cover addiction care.
As a patient’s insurance coverage for one type of care is exhausted, they are moved to a different type of facility or service, regardless of its appropriateness for their treatment.
Federal laws like the Affordable Care Act and the Americans with Disabilities Act, which were created to help those in need of healthcare, are being milked by people looking to line their pockets
It’s a billion-dollar rehab industry that, rather than treating addicts legitimately for addiction recovery, some unsavory individuals and organizations have used loopholes in a system designed to help those in need while cashing in on people suffering from addiction through insurance fraud.
There are close to 1,500 drug treatment centers in the U.S. with more than 1.6 million clients. Florida has hundreds of those rehab facilities, earning it the name, “The Recovery Capital.”
Brokers get kickbacks to lure drug addicts to certain treatment centers for their insurance policies, because there is no limit on the number of times you can go through rehab yearly or in a lifetime. There’s more money for Rehabs in “Relapse” than “Recovery” in The ‘Florida Shuffle’ Rehab Scams.
Since 2008, the Affordable Care Act (ACA) and the Mental Health Parity and Addiction Equity Act have offered medical coverage for drug rehabilitation. All medical services, such as treatment programs, are done on a fee-for-service basis with no annual or lifetime limit with relapses are also thoroughly covered
But things then quickly change, and the Shuffle begins.
Those coming out of state for treatment will need a place to live, also known as a sober home. The outpatient stage is when the individual leaves the rehab facility and enters a group home to continue recovery.
Typically, recovering individuals are required to pay rent as they are living in the group home. However, some sober homeowners will either dramatically lower or remove any payments for rent with the expectation of receiving money from the rehab facility, which charges thousands of dollars to the insurance company.
The plot thickens. Sobriety is not only discouraged but seen as unprofitable.
The hope of sobriety for many starts at a rehab facility. But those facilities can vary widely – and there’s little regulation keeping them from preying on the most vulnerable.
Once all insurance benefits are drained, the person’s phase in outpatient care is done, and they leave the sober home. If the person finds themselves relapsing, this will begin the process all over again. And with that, these crooked sobriety providers will find themselves profiting from the revolving door of individuals trying to reach sobriety.
In 2022, 22-year-old John Doe was desperate for help from his addiction to different controlled substances, including fentanyl.
Without the ability to withdraw and detoxify himself, he researched and found this inpatient rehabilitation facility, South Florida Rehab Facility in Lake Worth, Florida, and voluntarily checked himself into their medical detox and residential program on June 8, 2022.
Only 21 days later, on June 29, 2022, John died and his Estate filed a three-county wrongful death personal injury case against the facility alleging (1) Negligence, (2) Violation of a Vulnerable Adult in Violation of Florida Statute 415.101, and (3) Violation the Rights of Individuals in Violation of Florida Statute 397.501.
Unfortunately, John had unknowingly become a pawn in a billion-dollar industry accused of making money off addiction.
In this Insider Exclusive “Justice in America” Network TV Special, Justice in America – The ‘Florida Shuffle’ Rehab Scam That Preys on Addicts “ our News team sits down with Jason Cornell, Attorney, Attorney, at Clark, Fountain, Littky-Rubin & Whitman, to discuss how their client’s death could have been avoided and to discuss their novel lawsuits not only alleging negligence but violations of the Adult Protective Services Act, alleging the deceased was a “vulnerable adult” under the Florida Statute, who required a certain level of care he was not given.
Jason will discuss this “Florida Shuffle” Problem: Many Florida rehab centers focus on profit rather than proper care, leading to a cycle of treatment and relapse called the “Florida Shuffle.” What can be done legally to stop these places from exploiting vulnerable patients?
As well as Accountability for Bad Treatment. If someone receives poor care or is harmed in a treatment center, what legal options do they or their families have? How can we make these centers more accountable for the care they provide?
Chapter 415 of the Florida Statutes focuses on Adult Protective Services and typically involves the Department of Children and Families or the elderly population as it involves allegations of abuse, neglect and exploitation.
This statute defines the protected class of persons as a “vulnerable adult,” which means “a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical or developmental disability or dysfunction, or brain damage, or the infirmities of aging.”
Chapter 397 of the Florida Statutes focuses on substance abuse services, which defines a “recovery residence” as a residential community that must remain a “drug-free living environment.”
Armed with the statutory language and definitions not typically argued in a wrongful death case of drug addiction, prior to taking several definitions of the facility’s employees, including its security manager, the firm was able to settle the case at mediation without every reducing their demand.
In recent years, the state of Florida has worked to change its perception. The Florida Association of Recovery Residences (FARR) was founded in 2011 and aims to make sure treatment centers are up to par.
Certification for one thing, you know, that’s been a big game changer. A lot of law enforcement have shut bad actors down. So, you know, either put them in jail or put them out of business, and many municipalities have imposed an ordinance to require sober living environments to be FARR certified if they’re going to participate in their communities.
This case exposed a well-oiled machine, specifically in South Florida, where fraudsters enroll people like the decedent into their 30-day program, get paid daily, release them at their most vulnerable state back into an uncontrolled environment, which ensures their return for another 30 days of profit.
And awakened the industry, and the government to promote some level of safety and financial responsibility in that market.
Jason has earned a reputation as an unyielding trial lawyer who repeatedly represents individuals and families against big companies and the Goliaths of the world. And repeatedly wins.
And his amazing courtroom skills and headline grabbing success rate continue to provide their clients with the results they need……And the results they deserve.
You can contact Jason Cornell, Attorney, Attorney, at Clark, Fountain, Littky-Rubin & Whitman https://www.clarkfountain.com/ 561-944-2351