New Bush Administration Rule Blocks Information about Nursing Home Negligence
A recent Bush administration change in federal rules on nursing home inspections makes it near impossible for the public to get information about nursing home violations and complaints about nursing home abuse and negligence. According to this news report, this new federal rule restricts release of detailed nursing home inspection information if officials say they are administrative and have no significant public impact.
This new rule was apparently put into effect in October with little notice and without a public comment period. It is not surprising that consumer advocates are sharply criticizing the administration for closing the door on such crucial information.
Officials of the Department of Health and Human Services say their employees have been too burdened by requests for information. Under the rule change, state employees who inspect nursing homes for the federal government are reclassified as federal employees and are not allowed to provide “privileged” information of documents to the public without approval from the Centers for Medicare and Medicaid Services.
This rule is not only unfair to the public, but more importantly, it is extremely unfair to the families of those who have loved ones in nursing homes. It is a blatant violation of consumer rights. Families will not be able to find out what problems their loved ones had at the nursing home – whether they ate, drank fluids, slept, took a fall or received any specific treatment for a particular health condition.
Consumers and families of nursing home residents are left completely in the dark at a time when nursing home abuse and negligence is at its worst. According to a recent Government Accountability Office report, one in five nursing homes in the United States had serious violations in 2007. That is a frightening reality to be faced with, especially for families who depend on nursing homes to care for their loved ones. To be left completely in the dark about what happens in these facilities just makes it more frightening for millions of American families.
Being able to get detailed investigation reports is not only important for attorneys like us to represent victims of nursing home negligence and abuse, but also for family members, potential residents or policy makers – just about anyone who wants direct knowledge of how well nursing homes are doing at their jobs.
Comments
This is the absolute most criminal, immoral, insane, beyond disturbing, sickening, and every other word I can't even state.
It was already bad enough to hold nursing home accountable for the "non care" they were giving to patients in nursing homes, when the public COULD obtain information about a certain home.
There were agencies that posted all violations of homes you ask about, the Ombusman people, the adult protective services department, and you STILL couldn't get any of the agencies to do anything about the claimed abuse and neglect going on in nursing homes across the country.
I personal tried. I reported eyewitness accounts of abuse and neglect concerning a nursing home in my area to every agency there was, and NOTHING was ever done to stop this abuse. It was sickening that these privately owned homes were clearly abusing and neglecting their patients and even though complaint after complaint was made against the home, NOTHING was ever done to make them responsible for what was going on. The very agencies that were in place to PROTECT the helpless patients in these homes, turned their heads on the problems and simply did nothing.
Its a sad, sad day in America that Bush now has made it even worse for the helpless people, who do not have anyone to protect them, as they are unable to protect themselves. What could he possibly be thinking to make such a rule that can only make it easier and will without a doubt cause more and more abuse and neglect to go on in nursing homes in this country, as family members not be able to obtain information about a home. How will one know if a certain home has a good reputation or a mile long string of complaints, that I might add, means nothing these days, as no one does anything to hold these homes responsible.
Most and I mean 95% of the nursing homes in this country should be shut down for the abuse and neglect they give to the helpless patients they are supposed to be caring for. It is a travesty.
To Mr. Bush I say, Thank God you are almost out of office. You are one sick man, and to make such a law as you have just made shows that even more than most already knew about you.
The American people can only hope that President elect Obama will change the laws back and make them even stronger where nursing care is concerned. All nursing homes should be held accountable for what goes on in their facilities and the public should without a doubt have all information, including all complaints that have ever ben made against a home, and these homes who have serious complaints made against them should have serious consequences against them for the serious complaints, as well as if the serious complaints are found to be true, the homes should be shut down immediately. There should be no fooling around with this. These are are elderly and handicapped people who can not protect themselves, it is up to us as Americans to protect them.
President Elect Obama I will be writing you about this topic and I urge all Americans to do the same. The nursing care system in this country is sadly, sadly horrific. People die at the hands of these so caled helathcare workers who are there to care for them. It happens everyday and its high time someone do something about it. Change is Obama's slogan, well, President elect Obama, change MUST be made in our nursing home system, and Immediately! Don't let another elderly or handicap person be abused or neglected. This is America, it is high time we properly and humanly care for our elderly and handicapped, as well as our children who also are not cared for properly in most day care centers.
The time is now for change concerning these issues. America is known for being the #1 worse country as far as caring for its elderly and children. That MUST change and change now!
I urge all to write your President and tell him he must change the laws to be beyond strict concerning nursing home care. Do it now. This should be a top priority for our new President. Obviously our leaving President who has done more harm to this country than probably any other President in history hasn't a clue. I'd love to see him go visit his mother Barbara Bush in any nursing home if she were to be put in one some day, and be able to live with himself leaving her there even one night alone.
George Bush Jr. You should be ashamed of yourself.
Posted by: Sharon Stern | January 2, 2009 3:18 AM