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Tag: Dr. Jennifer Bencie

County mask exemption formalized, lawsuit dropped

Church mask exemption formalized, lawsuit dropped

Written by Joe Hendricks on . Posted in Community News, Featured, Manatee County.

MANATEE COUNTY – Manatee County’s COVID-19 face-covering mandate has been formally amended to no longer apply to churches and other houses of worship, and a lawsuit challenging the mandate has been dropped.

On Aug. 25, the county commission unanimously supported exempting houses of worship from the original face-covering mandate enacted when commissioners adopted emergency resolution R-20-116 by a 4-3 vote on July 27.

The face-covering exemption took effect Aug. 25 but still had to be formalized by an amended county resolution. This occurred on Tuesday, Sept. 15, when Manatee County commissioners voted 6-1 in favor of adopting county resolution R-20-139.

Commissioner Misty Servia cast the only vote opposing the houses of worship exemption after Dr. Jennifer Bencie, Director of the Florida Department of Health in Manatee County, said there had recently been COVID-19 outbreaks at local churches.

“We have three churches that have individuals who are positive – and they’re not related, so there is an issue of concern there,” Bencie said by telephone.

“According to our epidemiologist who did the investigations, at three churches in the county in the last few weeks, there have been six, seven and eight cases in each of those churches. Some are family members and some are friends of those family members who only saw them at the church. So, for that reason, the epidemiologist believed the church is the common place where the virus was transmitted in these cases,” Bencie said.

Bencie did not name the churches.

“I knew about one, but I didn’t know about three churches,” Servia said.

County mask exemption formalized, lawsuit dropped
County Commissioner Misty Servia no longer supports the face-covering exemption for churches. – YouTube | Submitted

“I said at our last meeting, when the board voted to exempt houses of worship, I supported that motion with great trepidation – with the caveat that if we saw any outbreaks at houses of worship I would not continue to support it. So, I will not be supporting adoption of this resolution today,” Servia said.

“That’s concerning. I’m to continue to support this, but it gives me great pause that this continues to spread in churches,” Commission Chair Betsy Benac said. “I still believe that churches should mandate masks. We do know that masks help to slow the virus.”

Commissioner Carol Whitmore referenced the COVID-19 updates Bencie and Public Safety Director Jack Sauer provided earlier in the meeting when the commissioners were asked to extend the county’s local state of emergency for another seven days – an action that would also by default extend the county mask mandate.

Regarding the percentage of county residents who tested positive in recent weeks, Bencie said, “Over the last seven days the positive rate was 3.6%. The week prior it was 2.97%. We’re absolutely in the last three to four weeks seeing a change for the better and I believe it is because we are doing the preventative mitigative measures that are necessary, including masks and social distancing. Moving forward, I do believe it’s very important to keep the mask resolution in place.”

Regarding the houses of worship exemption, Whitmore said, “We have to start somewhere and I’m all about the information given to us today. Our numbers have been flat, the schools have opened. The churches don’t have to wear masks, but most responsible people in churches are still wearing them. I am right now going to support the resolution.”

Whitmore said she might reconsider her position if the overall percent positive rate that was slightly over 10% at that time climbs above 11% again.

The amended face-covering resolution states it is in the best interest of the county to amend the emergency resolution to exempt places of worship from the requirements for mandatory face coverings. The resolution still requires mandatory face coverings in business establishments as defined in the amended resolution.

“A ‘business establishment’ means a location with a roof overhead under which any business is conducted, goods are made or stored or processed or where services are rendered. The term ‘business establishment’ includes transportation network companies such as Uber and Lyft, vehicles operated for mass transit, taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles for hire,” the amended resolution says.

“The term ‘business establishment’ includes locations where non-profit, governmental, and quasi-governmental entities facilitate public interactions and conduct business. The term ‘business establishment’ does not include places of worship. This emergency resolution shall remain in full force and effect for so long as the local state of emergency for the COVID-19 pandemic remains in effect,” the resolution says.

County mask exemption formalized, lawsuit dropped
The Manatee County face-covering mandate remains in effect in Bradenton Beach. – Joe Hendricks | Sun

The county face-covering mandate remains in effect in unincorporated areas of Manatee County, including Cortez, and in cities that have not enacted their own local mask/face- covering mandates, including Bradenton Beach. The county face-covering mandate does not apply in Anna Maria, Holmes Beach or Bradenton because those cities previously adopted their own face-covering or face-covering signage mandates.

Lawsuit dropped

Regarding the exemption for churches, Chief Assistant County Attorney Bill Clague noted Pastor Joel Tillis has dropped the lawsuit he filed against the county on Aug. 2 while being represented by attorney Anthony Sabatini, who also serves as a member of the Florida House of Representatives.

Tillis is the senior pastor at the Suncoast Baptist Church in Palmetto and the lawsuit Sabatini filed on Tillis’ behalf claimed the county’s face-covering resolution was unconstitutional because it violated the privacy, due process and religious freedom clauses in the Florida Constitution. The Manatee County lawsuit was similar to other lawsuits Sabatini filed elsewhere in Florida.

County mask exemption formalized, lawsuit dropped
Pastor Joel Tillis and State Rep. Anthony Sabatini announced their lawsuit at an Aug. 3 press conference. – Joe Hendricks | Sun

The original Manatee County face-covering resolution was based on a similar emergency resolution adopted in Leon County – a resolution that had already withstood a legal challenge from Sabatini and others.

Palmer said Tillis’ voluntary dismissal means the county prevailed in the lawsuit and is entitled to pursue from Tillis an approximate $2,300 reimbursement for legal costs the county incurred for court reporter services. None of the commissioners desired reimbursement from Tillis or the church, but Benac expressed her distaste for a state legislator filing lawsuits against a county government.

Benac said she heard Sabatini had been admonished by a judge in another county. Clague clarified that Sabatini was cautioned, not admonished, by a circuit court judge in Gadsden County.

“He urged him (Sabatini) to reflect upon whether or not having filed multiple lawsuits of the same nature in multiple jurisdictions might give rise to the argument he filed frivolous cases. But he did not rule he had filed a frivolous lawsuit in this case,” Clague said.

“This attorney, Mr. Sabatini, is a member of the Legislature, but he is acting in his capacity as a lawyer. He’s not representing the Florida Legislature. I don’t want it to seem like they’re suing us. They are not, but a member of the Legislature is engaging in these lawsuits,” Clague said.

Additional actions

During last week’s meeting, the commission voted 4-3 to extend the county’s local state of emergency for another seven days. The 4-3 vote occurred because extending the state of emergency would also automatically extend the face-covering mandate that commissioners Vanessa Baugh, Steve Jonsson and Priscilla Trace still oppose.

County Attorney Mickey Palmer explained the relationship between the two actions: “If the emergency resolution goes away, then the mask resolution immediately evaporates as well. The opposite is not true, but the mask/covering resolution is completely dependent on the emergency resolution.”

County mask exemption formalized, lawsuit dropped
County Commissioner Vanessa Baugh’s motion to entirely repeal the mask mandate fell one vote short. – YouTube | Submitted

The commission voted 4-3 in opposition to Commissioner Vanessa Baugh’s motion to repeal the county face-covering mandate entirely. But the commission unanimously supported Baugh’s subsequent motion to no longer automatically extend the face-covering resolution when extending the local state of emergency. In the future, extending the local state of emergency that provides access to state and federal funding and extending the county face-covering mandate will be handled as two separate actions that require two separate votes.

Related coverage:

 

Churches excluded from county’s face-covering mandate

 

Pastor and state representative challenge county mask mandate

More details emerge on COVID-19 nursing home deaths

More details emerge on COVID-19 nursing home deaths

Written by Joe Hendricks on . Posted in Community News, Manatee County.

MANATEE COUNTY – The Braden River Rehabilitation Center and the Riviera Palms Rehabilitation Center rank among the highest in Florida in COVID-19 deaths at nursing homes and assisted living facilities.

As of Sunday evening, there were 34 reported COVID-19 deaths among residents or staff members at nursing homes, assisted living facilities and other long-term care facilities (LTCF) in Manatee County, according to the Florida Department of Health (FDOH) daily data report.

According to data compiled from two additional FDOH reports, the Braden River Rehabilitation Center nursing home in Bradenton reported 13 resident deaths, one staff member death, 31 facility residents who tested positive for COVID-19, 11 residents who tested positive and were transferred elsewhere and 30 staff members who tested positive.

The Riviera Palms Rehabilitation Center nursing home in Palmetto reported nine resident deaths, no staff member deaths, 20 COVID-19-positive residents, 15 positive residents transferred elsewhere and 10 positive staff members.

More details emerge on COVID-19 nursing home deaths
As of Sunday, the Riviera Palms Rehabilitation Center reported nine residents have died after testing positive for COVID-19. – Joe Hendricks | Sun

As of Sunday, those two facilities reported 23 of the 59 COVID-19 deaths (39%) in Manatee County. Braden River Rehabilitation Center and two other facilities in Florida rank highest in the state; Riviera Palms Rehabilitation Center and two other facilities rank third-highest in the state.

Manatee County has consistently ranked fourth-highest in the state in LTCF cases and deaths, with only Miami-Dade, Broward and Palm Beach counties reporting more.

On Tuesday, April 21, Dr. Jennifer Bencie, of the Florida Department of Health in Manatee County, told county commissioners about two nursing homes owned by the same company and reporting a total of 103 COVID-19 cases among their residents and staff members.

Bencie said some staff members worked at both facilities and some also worked at other facilities where residents and/or staff members tested positive.

“We need to keep an eye on the staff. They’re the ones who are bringing it in,” Bencie said.

More details emerge on COVID-19 nursing home deaths
Public health officials have expressed concerns about nursing home employees transmitting COVID-19 to facility residents, co-workers and the public. – Joe Hendricks | Sun

Bencie did not identify the two facilities that shared ownership, but Braden River Rehabilitation Center and Riviera Palms Rehabilitation Center are owned by LLCs that share the same mailing address and registered agent.

Additional LTCF deaths and cases

As of Sunday, the Casa Mora Rehabilitation and Extended Care nursing home in Bradenton reported three resident deaths, no staff member deaths, nine positive residents, three transferred positive residents and five positive staff members.

The Manatee Springs Rehabilitation and Nursing Center nursing home in Bradenton reported two resident deaths, eight positive residents and 12 positive staff members.

The Brookdale Bradenton Gardens assisted living facility in Bradenton reported one resident death, five positive residents, five transferred positive residents and no positive staff members.

The Bradenton Health Care nursing home on Cortez Road in Bradenton reported no COVID-19 related deaths, nine transferred positive residents and 11 positive staff members.

The Life Care Center of Sarasota nursing home in north Sarasota reported one COVID-19-positive staff member.

The Neuro Restorative Florida assisted living facility in north Sarasota reported one positive staff member.

The Residence at Bay Vue assisted living facility in Bradenton reported two positive staff members.

The Surrey Place Healthcare and Rehabilitation nursing home in Bradenton reported one transferred COVID-19-positive resident.

The Westminster Point Pleasant nursing home in Bradenton reported one transferred positive resident.

Reporting complexities

The FDOH daily data reports that exceed 550 pages now only list by county the number of COVID-19 LTCF deaths. Those reports previously listed deaths and cases together.

Separate reports pertaining to LTCF deaths and LTCF cases are now posted at www.floridahealthcovid19.gov at the bottom of the home page. In the LTCF death reports, facilities are listed according to the number of deaths with no reference to location. LTCF case reports are listed according to county with no reference to deaths.

Depending on when those reports are published, the data contained in the LTCF reports may not exactly match the number of LTCF deaths listed in the daily data report.

The formatting and the details included in the LTCF reports has changed continually since the first COVID-19-positive LTCF list was published on April 18. The early LTCF lists only reported by county the facilities reporting COVID-19 cases among residents and/or staff members. No other details were provided.

Nursing home and assisted living facility deaths are also listed in the COVID data reports compiled regularly by the 22 district medical examiners in Florida, but those reports are not available to the media or the public.

Related coverage

 

Two long-term care facilities in Manatee County report more than 100 COVID-19 cases.

Two long-term care facilities in Manatee County reported more than 100 COVID-19 cases

Two long-term care facilities in Manatee County report more than 100 COVID-19 cases

Written by Joe Hendricks on . Posted in Community News, Manatee County.

MANATEE COUNTY – Two nursing homes in Manatee County owned by the same company accounted for more than 100 reported COVID-19 cases as of Tuesday, April 21, according to Dr. Jennifer Bencie.

Bencie is the County Health Officer for the Florida Department of Health (FDOH) in Manatee County and she shared this information with county commissioners on Tuesday.

During Tuesday’s meeting, Bencie said 14 of Manatee County’s 33 COVID-19 deaths at that time were “directly related to the nursing homes.”

She also said there were eight nursing homes in the county at the time that reported at least one COVID-19 case with a resident or staff member.

As of Saturday morning, nine long-term care facilities in Manatee County reported 179 COVID-19 cases and 18 COVID-19-connected deaths. Manatee County ranked fourth highest in the state in long-term care facility cases and deaths. Only Miami-Dade County, Broward County and Palm Beach County had more. Sarasota County ranked 13th, with 56 reported cases and 14 reported long-term care facility deaths.

“To date, there have been 356 long-term care facilities associated with positive cases of COVID-19. Of the 2,748 cases of residents or staff in long-term care facilities, 299 have died,” according to FDOH’s Saturday morning email update.

Saturday’s FDOH update included a link to an updated eight-page list of COVID-19 positive long-term care facilities in Florida. That list now includes a ninth facility in Manatee County: The Cottages of Bradenton, an assisted living and memory care center that was not among the first eight facilities in Manatee County named in the initial list released Saturday, April 18.

The facilities list does not distinguish among residents, patients and staff members and does not specify how many cases are associated with any particular facility.

Bencie’s report

On Tuesday, Bencie said about three weeks ago she became aware of two large nursing homes in Manatee County that were owned by the same company, had a shared capacity of 328 beds and had 103 residents and staff members who tested positive for COVID-19.

“They were owned by the same company. The company took it upon themselves to test all of the staff and clients when they started seeing the uptick. Getting those tests back in the last week, 66 residents and 37 staff in those two facilities were positive,” Bencie said.

“Not only were those staff members working in both facilities, but also going out into other facilities where we’ve since learned other persons have been testing positive. We had actually had to serve a forced (quarantine) order against one of the employees who knowingly went to another facility and persons became positive,” Bencie said.

Bencie said because those two facilities saw so much COVID-19 activity, the health department immediately submitted a mission request to the state that resulted in the arrival of a three-nurse assessment team.

“Unfortunately, they were only here for three days because they were pushed to the east coast. We received eight nurses on Easter morning and they have been with us ever since, going initially into these two facilities, doing assessments, making recommendations, making changes and also moving into the other six facilities that we know have at least one case,” Bencie said.

“Visitors were not allowed to come into these facilities for more than a month now. So, we need to keep an eye on the staff. They’re the ones who are bringing it in. We have made sure they take temperatures every morning of all the employees coming in. We’re hoping we’re catching people who do develop symptoms before they get in and start assisting with the patients,” Bencie said.

Bencie said she also refers to nursing homes and other similar facilities as skilled nursing facilities or SNFs.

“Because there are 321 SNFs in Florida currently with at least one positive case, the governor has allowed us to have the National Guard come in and test in SNFs that need further attention. We have put a request in for National Guard to come and test the six sites and many others. We have about 45 facilities we’re tracking in the county to do testing. We hope that they will come in soon,” Bencie said.

Bencie said she has seven nurses who were previously working in schools that now make daily calls to nursing homes, assisted living facilities, Hospice facilities and dialysis centers to monitor those case numbers and needs.

On Thursday, The Sun emailed Bencie and several Manatee County officials seeking the names of the two facilities that Bencie said produced 103 positive test results, and the name of the individual she said received an involuntary order.

Later that day, The Sun received an email from the county records division that said, “The Department of Health is the appropriate entity to respond to this request.” That email recommended contacting Beverly Diehr, who serves as chief counsel for the FDOH.

As of Saturday afternoon, Diehr and Bencie had not acknowledged or responded to The Sun’s requests for information. The Sun also left a voicemail at Diehr’s cell phone number on Saturday afternoon.

Facility ownership

According to The Sun’s research, two of the nine long-term care facilities in Manatee County that reported COVID-19 cases list ownership by LLCs that share the same mailing address and registered agent.

Eight long-term care facilities in Manatee County report COVID-19 cases
The Braden River Rehabilitation Center in Bradenton is one of nine long-term care facilities in Manatee County to report COVID-19 cases and/or deaths among residents or staff members. – Joe Hendricks | Sun

According to www.medicare.gov, Braden River Rehabilitation Center at 2010 Manatee Ave. E. in Bradenton is owned by Braden River Rehabilitation Center LLC.

According to the Florida Division of Corporations, Braden River Rehabilitation Center LLC lists 101 Sunnytown Road, Suite 201, in Casselberry as its mailing address and Tallahassee-based Cogency Global Inc. as its registered agent.

According to www.medicare.gov, Riviera Palms Rehabilitation Center at 926 Haben Blvd. in Palmetto is owned by Sovereign Healthcare of Palmetto LLC – an LLC that lists the same Casselberry mailing address and registered agent as Braden River Rehabilitation Center.

Two long-term care facilities in Manatee County reported more than 100 COVID-19 cases
The Riviera Palms Rehabilitation Center in Palmetto is one of nine long-term care facilities in Manatee County to report COVID-19 cases and/or deaths among residents or staff members. – Joe Hendricks | Sun

None of the other seven facilities that reported COVID-19 cases share a common mailing address or registered agent.

According to www.medicare.gov, Bradenton Health Care at 6305 Cortez Road W. in Bradenton is owned by 6305 Cortez Road West Operations LLC.

Casa Mora Rehabilitation and Extended Care at 1902 59th St. W. in Bradenton is owned by FI-Casa Mora LLC.

Manatee Springs Rehabilitation and Nursing Center at 5627 Ninth St. E. in Bradenton is owned by Manatee Operating LLC.

Residence at Bay Vue at 105 15th St. E. in Bradenton is owned by Riverfront Acquisition I LLC.

Westminster Point Pleasant, 1700 Third Ave. W. in Bradenton is owned by Presbyterian Retirement Communities Inc.

Brookdale Bradenton Gardens and The Cottages of Bradenton are not listed at Medicare.gov.

According to Manatee County Property Appraiser records, the Brookdale Bradenton Gardens property at 5612 26th St. W. in Bradenton is owned by Emerifrat LLC. The Cottages of Bradenton property at 5700 24th St. E. in Bradenton is owned by Louisa Holding LLC.