Read about Joseph Bensmihen,  a local businessman in South Florida who is an advocate for the Elderly and People With Disabilities. As National President of the Private Care Association, He Recently Won a Major Victory for Policy Holders of  a certain Long Term Care Insurer Who was Discriminating Against Their Right to Choose Care from Licensed Nurse Registries, Which Are Recognized in the State of Florida as Home Care Providers.

Marc Spector, President of the Private Care Association of Florida praises Mr. Bensmihen for his rigorous advocacy on behalf of Long Term Care Insurance policy holders.  Mr. Bensmihen has won a battle for the consumer on the issue of “choice” of care provider for the aging, disabled or elderly person needing home care. 

  Mr. Spector writes:

“I couldn’t help but admire the leaders of PCA who drove the train so to speak. Each leader brought a skill set that allowed us to be the thriving association we are today. From our founder Marc Catalano, who is credited with pioneering PCA. Followed by his successor Joseph Bensmihen, who emerged as one of the most skilled Tallahassee lobbying President’s we may ever see and has taken that skill to the National level in his dealings with Congress as the PCA National President. Followed by Jim Mark, who was a strong leader who formed a strong bond with AHCA leadership which we benefit from today. To each of you I say thanks, because my job is much easier because of each of you. 

 But today I want to single out Joseph, who went above and beyond. Many know the recent denials of NR’s over the past year or two by carriers who incorrectly felt that NR’s are not an approved provided under some LTC policies. One carrier in particular lost a major lawsuit in this area years ago and attempted to overturn that court ruling this past summer with a law that would allow further NR discrimination. In anticipation of that bill being passed, this particular carrier started denying any and all claims that the Florida policy holder used the services of  NR. Fortunately, through the collective efforts of many, we were able to defeat the bill. Prior to this, Joseph, like many other NR owners, took up the cause to protect his company and filed suit. Yet what is most impressive about his plight, is that he did not wait for the case to play out over years and years. He utilized his skill as past President and took up this injustice to the halls of Tallahassee, on his own. It seems simple enough that carriers who have enjoyed the privilege of doing business sin this state would not thumb their noses to current law, which states a NR cannot be denied by a carrier for providing custodial care, if that policy allows a home health agency to do so. One top Florida official was so offended by one particular carrier’s actions in denying NR claims that after meeting with Joseph and his staff, he picked up the phone and spoke directly to that carrier’s management. After reminding them of the law and his ability to audit each and every file that has been denied over the last decade if such denials did not cease, the carrier threw in the towel. The domino effect of this about face should pave the way for all carriers to cease such discriminatory practices. 

Using the same skill and zeal he possessed as our State President, Joseph did his part to protect our industry and for that we thank you JB!!! This is also a thank you to our members that support our association and those that take our message to Tallahassee year in and year out. Also thank you to the attorneys that take up our plight”. 

 Mr. Bensmihen is the owner and CEO of Boca Home Care Services( Private Duty Home Care) and  Boca Home Care (A Medicare Certified Agency). He also administers the David Bensmihen Charitable Foundation to honor his father and provide educational opportunities, and sits on the Boards of various organizations.