In September 2008, the Department of Health and Human Services (DHS) issued a new rule designating state inspectors and Medicare and Medicaid contractors as "federal employees." Federal employees are generally shielded from providing evidence for either side in private litigation, absent a court order.
The practical effect of this new rule is to make it much more difficult for abused and neglected nursing home residents to obtain inspection reports and other important evidence to support their personal injury claims.
The Washington Post's Cindy Skrycki reports: "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."
It's ironic that DHS performs nursing home inspections and certification reviews so as to protect residents from abuse. But when the results of those inspections and reviews are requested by nursing home residents, DHS has created an obstacle to discourage disclosure.
Not surprisingly, the new rule is receiving heavy criticism, which should put pressure on DHS to reverse its position on disclosure of these important inspections and reviews. Please check back in the future for updates on whether the rule is abandoned by DHS.
www.EndElderAbuse.com
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