Posted by: euser
February 26, 2009
Topic: Nursing Home Neglect and Abuse

The new rule designates state inspectors and Medicare and Medicaid contractors as Federal employees.  Federal employees are usually shielded from providing evidence for either side in private litigation.  This new restriction will affect abou 16,000 nursing facilities and 3 million residents in the US. 

The Practical effect of this rule is to force attorneys to go to greater lengths to get inspection reports or depositions for cases.  "This Change hurts nursing-home residents and their families by allowing bad practices to be kept in secret by nursing homes and inspectors," said Eric M. Carlson, an attorney with the National Senior Citizens Law Center in Los Angeles.  "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 generally prohibits state health departments and contractors from participating in pricate lawsuits involving facilities that are in the federal assistance program without approval by the head of the Department of Health and Human Services. 

Once fairly routine, the request for information is now stalled between federal and state officials. 

Web Resources

Legal links:

• Christian & Davis, LLC's main website
• South Carolina Bar Association
• American Association for Justice
• South Carolina Trial Lawyers Association
• Findlaw
• Lawyers.com

Consumer and workers info links:

• Workcompcentral.com
• Home Safety Council
• People Over Profits Grassroots Action Center

Governmental links:

• South Carolina Judicial Department
• United States Judicial Department
• South Carolina Legislature
• Food and Drug Administration
• Occupational Safety and Health Administration
• U.S. Consumer Products Safety Commission

Nursing Home links:

• South Carolina LTC Ombudsman
• National Citizens' Coalition for Nursing Home Reform
• Member of the Family - Nursing Home Quality Trends & Staffing

Medical Resources:

• Lectric Law Library Lawcopedia's: Medical Malpractice
• New England Journal of Medicine
• Agency for Quality Health Care and Research
• Anatomy of the Human Body
• Workers Compensation Agencies
• National Library of Medicine
• Physician Profiles - Healthcare Choices
• AMA - Physician Sheet Health Grade
• Hospital Report Cards
• Merck Manual of Diagnosis & Therapy
• Merck Manual of Medical Information
• National Health Law Program HealthTouch
• Prescription Drug Information MedExplorer
• Medical Dictionaries