Statement from Conwell Hooper, American Senior Alliance, on Florida Commission on Ethics complaint ruling
I’m extremely disappointed that Florida’s Commission on Ethics dismissed our complaint against Constitution Revision Commission member Brecht Heuchan. The facts are clear: Mr. Heuchan is a paid, registered lobbyist for Wilkes & McHugh, a law firm that specializes in lawsuits against nursing homes. He has no business bringing forth a proposal in which his client would serve to gain financially. You don’t need a degree in ethics to see the conflict of interest that’s taking place here.
Mr. Heuchan’s proposal mirrors policy positions that he lobbied for in 2014 on behalf of his client Wilkes & McHugh. The Legislature flatly rejected those provisions, which would have made it far easier for law firms to sue nursing homes.
I spent the last two weeks in Tallahassee watching the discussion over Proposal 88 unfold before the CRC. I saw trial attorneys emerge from the woodwork and give thinly veiled arguments about how this proposal would help seniors. I watched as they criticized the Florida Legislature for failing to act. The rhetoric focused more on lawyers cashing in and ignored the quality improvement data and first-hand testimonials that was given by caregivers and residents who are on the frontline of nursing home care.
I believe the Ethics Commission acted prematurely in tossing this complaint. Mr. Heuchan and his client were unsatisfied with their legislative outcomes in 2014 and have been waiting in the wings to advance their interests. I believe they worked together to craft this misguided proposal.
As I stated before, members of the Constitution Revision Commission owe the citizens of Florida a duty to conduct themselves in a way that reflects the true spirit of public service, for the benefit of all. Mr. Heuchan has instead chosen to use his special position to serve the interests of his employer.
The American Senior Alliance is deeply disappointed by this decision, but more importantly we’re concerned about what Mr. Heuchan’s proposal would do to the future of Florida nursing home care should it end up in the Constitution. I hope the ethics commission will take a closer look at the conflict that’s taking place here; Florida seniors and the hundreds of thousands of caregivers who take care of them deserve a closer look.
American Senior Alliance is a non-profit organization headquartered in Atlanta, GA bringing together our nation’s senior citizens, defending their values and protecting the services they’ve earned.
American Senior Alliance
American Senior Alliance files ethics complaint against CRC Commissioner
American Senior Alliance’s Executive Director, Conwell Hooper issued this statement regarding an ethics complaint filed against Constitution Revision Commissioner, Brecht Heuchan:
“There is legitimate room for discussion about what belongs in the Constitution and what
doesn’t, and which regulations are right for nursing homes and which aren’t. But there is no
place in the constitutional review process for special interest proposals designed to boost the
bottom line of one law firm. Unfortunately, that’s exactly what Brecht Heuchan, an appointed
member of the Constitution Revision Commission, is trying to foist on the people of Florida. It’s
a clear conflict of interest, and that is why today I filed a formal ethics complaint against him.
As Executive Director of the American Senior Alliance, my “special” interest in this matter is the
thousands of Florida seniors living in nursing homes and assisted living facilities. Our not-for-
profit organization has just one mission, advocating on behalf of America’s greatest generation.
It is regrettably obvious that Mr. Heuchan and his client are working toward a very different
interest.
The basis for my conflict of interest complaint is straightforward: Mr. Heuchan is a paid,
registered lobbyist for Wilkes & McHugh, a law firm that specializes in personal injury cases
against nursing homes. In his capacity as a member of the Constitution Revision Commission,
Mr. Heuchan has filed a proposal that would make it far easier for law firms to sue nursing
homes, revoking provisions of a law enacted in 2014 over Mr. Heuchan’s objections on behalf
of his client Wilkes & McHugh. Several provisions of Mr. Heuchan’s proposal mirrors policy
positions advocated by Wilkes McHugh.
In other words, Mr. Heuchan is using his official governmental position to advance the material
interests of his client, in violation of sections 112.312 and 112.313 of Florida Statutes. This is as
clear-cut a conflict of interest as one is likely to find.
Worse still, Mr. Heuchan advanced the policy interests of his paid principal even though he had
not registered to lobby before the Constitution Revision Commission. This violates Section
112.3215 of Florida Statutes.
Appointment to the Constitution Revision Commission is a once-in- a-lifetime opportunity for
three dozen Floridians to help shape the broad policy direction of Florida’s government and its
citizens for the next two decades. They owe all of us a duty to conduct themselves in a way that
reflects the true spirit of public service, for the benefit of all. Mr. Heuchan has instead chosen
to use his special position to serve the interests of his employer, to the detriment of countless
Florida seniors. This must not be allowed to stand, and I look to the Commission on Ethics to
put a halt to this improper action.”
Statement from American Senior Alliance on Constitutional Proposal
American Senior Alliance’s Executive Director, Conwell Hooper issued this statement regarding Constitution Revision Commission proposal (0088) risking quality care in long term care facilities
American Senior Alliance has deep concerns that the proposal recently introduced by Constitution Revision Commission member Brecht Heuchan would threaten access to quality nursing home care in Florida. As a nonprofit organization representing seniors, including those who reside in nursing homes, we’re always on the lookout for proposals that impact the stability of our nation’s long term care sector.
Heuchen’s proposal appears to outline more ways to sue nursing homes than ensure residents have access to the care and services they need. Adding those types of provisions to Florida’s Constitution is not only alarming, but also counterproductive to what is best for a state that has made great strides in improving nursing home care over the last decade.
Florida has the nation’s highest share of seniors. As these citizens continue to age, we need to ensure nursing homes will be able to continue to provide quality care at a level that is among the best in the nation. Lawsuits drive up costs for residents and divert financial resources away from facilities’ ability to make improvements that will meet consumer demand. Nursing home residents are far better off when facilities have enough resources to provide important services or make improvements that will enhance quality of life.
Mr. Heuchan’s proposal will do absolutely nothing to improve long term care in the state of Florida or to ensure resources will be there for our senior citizens. We truly hope the Constitution Revision Commissioner sees Commissioner Heuchan’s ill-advised proposal for what it is, a lawsuit fishing expedition that does nothing to support the future needs of our older Americans.
