The Bush administration shut off a source of information last fall about abuse and neglect in long-term care facilities that people suing nursing homes consider crucial to their cases.
The change, which affects the $144 billion nursing-home industry, was enacted with no public notice or attention.
The rule designates state inspectors and Medicare and Medicaid contractors as federal employees, a group usually shielded from providing evidence for either side in private litigation.
The restrictions affect about 16,000 nursing facilities and 3 million residents in the United States. The practical effect is to force litigants to go to greater lengths, including seeking court orders, to get inspection reports or depositions for cases they are pursuing or defending.
Eric M. Carlson, an attorney with the National Senior Citizens Law Center: "This change hurts nursing-home residents and their families by allowing bad practices to be kept in secret by nursing homes and inspectors. Government inspectors have the right to go into nursing homes and investigate, and they learn things that residents and families otherwise could never find out."
The new rule, which was issued in September, generally prohibits state health departments and contractors from participating in private lawsuits involving facilities that are in the federal assistance program without approval by the head of the Department of Health and Human Services.
Full Article and Source:
New Rule Enacted by Bush Administration Impedes Cases Against Nursing Homes
The change, which affects the $144 billion nursing-home industry, was enacted with no public notice or attention.
The rule designates state inspectors and Medicare and Medicaid contractors as federal employees, a group usually shielded from providing evidence for either side in private litigation.
The restrictions affect about 16,000 nursing facilities and 3 million residents in the United States. The practical effect is to force litigants to go to greater lengths, including seeking court orders, to get inspection reports or depositions for cases they are pursuing or defending.
Eric M. Carlson, an attorney with the National Senior Citizens Law Center: "This change hurts nursing-home residents and their families by allowing bad practices to be kept in secret by nursing homes and inspectors. Government inspectors have the right to go into nursing homes and investigate, and they learn things that residents and families otherwise could never find out."
The new rule, which was issued in September, generally prohibits state health departments and contractors from participating in private lawsuits involving facilities that are in the federal assistance program without approval by the head of the Department of Health and Human Services.
Full Article and Source:
New Rule Enacted by Bush Administration Impedes Cases Against Nursing Homes
9 comments:
This is beyond distrbing, shocking news that I consider part of a federal conspiracy to allow abuses and the taking of lives of nursing home residents to go on with US approval.
Special interest groups and lobbyists bribe the lawmakers to write legislation in .... their favor.
Here is a clear cut example of the power of $$$ and favors at our expense.
This so called "rule" must be thrown out - post haste.
It just gets harder and harder for people to protect themselves. Nursing homes have the upperhand and we have practically no say.
This rule doesn't just hurt the residents - it hurts all of us becasue many of us will one day be residents.
Ahhhhhh, the deep pockets of the nursing home lobby strikes again!
I hope Obama reverses this Bushism.
Wonder how much this cost the nursing home industry?
This new rule benefits nursing homes AND lawyers. By forcing litigants to go to greater lengths, the lawyers get more money.
And that's what it's always about - money.
How do these people sleep?
Outrageous!
And, be aware:
Do you know if your state has current laws requiring nursing homes (and caregivers) to obtain liability coverage?
Illinois passed a law one year ago mandating the nursing home facilities have liability insurance with minimum coverage.
One year ago - imagine that!
Until that date, nursing homes were operating without any liability insurance.
Isn't that a risky and curious situation?
It's a good idea for people to read the laws of their states about nursing homes before these issues become reality.
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