Nursing Home Accountability
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March 2, 2009
Nashville, TN – Tennessee nursing homes rank 47th in the nation when it comes to quality of care, according to national ranking by the federal Centers for Medicare and Medicaid Services. That's one reason patient advocates are concerned about a new federal rule, as well as legislation pending in the state Senate.
The federal rule change came in the waning days of the Bush administration and was only publicized last week. It classifies state nursing home inspectors as federal employees, meaning their reports cannot be released without the approval of the chief of the Centers for Medicare and Medicaid Services.
Daniel Clayton, president of the Tennessee Association for Justice, says the move makes it very difficult for families to get information about abuse and neglect when seeking to hold nursing homes accountable in court.
"The question that should be asked is, 'Does this rule do anything to improve the quality of care for our most vulnerable citizens?' The answer is a resounding, 'No!' In fact, it does just the opposite."
Supporters of the rule change say it will help avoid frivolous lawsuits. Lawsuits are also involved in proposed state legislation, SB 2160, that would impose a cap on damages if a nursing home is found negligent. Clayton says the intent of the bill is clear.
"It's trying to make it harder to hold the nursing homes accountable here in Tennessee."
Those in favor of the bill say multi-million-dollar jury awards have raised malpractice insurance to levels high enough to force some doctors and companies out of business.