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Late Bush Rule Making It Harder to Prove Cases Against Nursing Homes
- February 27th, 2009
The Bush administration quietly issued a rule last fall closing off a key source of information about abuse and neglect in nursing homes. The rule, which came to light only recently, is beginning to impede lawsuits brought by families against facilities.
As reported in a column in the Washington Post, the rule designates state nursing home inspectors and Medicare and Medicaid contractors as "federal employees," thus effectively shielding them from providing evidence in private litigation. Litigants in cases must now go to greater lengths, including seeking court orders, to get nursing home inspection reports or depositions from inspections officials.
Local Elder Law Attorneys in Ashburn, VA
Landsman Law Group
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
"This change hurts nursing-home residents and their families by allowing bad practices to be kept in secret by nursing homes and inspectors," Eric M. Carlson, an attorney with the National Senior Citizens Law Center in Los Angeles, told the Post. "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."
Interestingly, the rule is also making it harder for nursing homes to get information on how state inspectors make decisions to penalize, cite or order the shut-down of facilities.
To read the full story by Post columnist Cindy Skrzycki, click here.
Last Modified: 02/27/2009