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New Rule Impedes Cases Against Nursing Homes

In the Washington Post (2/24, D2) Regulators column, Cindy Skrzycki writes, “The Bush administration shut off a source of information last fall about abuse and neglect in long-term care facilities that people suing nursing homes consider crucial to their cases.” Under the rule, “state inspectors and Medicare and Medicaid contractors” were designated as “federal employees, a group usually shielded from providing evidence for either side in private litigation.” The regulation “generally prohibits state health departments and contractors from participating in private lawsuits involving facilities that are in the federal assistance program without approval by the head of the Department of Health and Human Services.” As a result, litigants must “go to greater lengths, including seeking court orders, to get inspection reports,” and such requests “now are stalled between state and federal offices.” According to the Bush administration, “the rule was…necessary to accommodate the hiring of new contractors to make Medicare payments to providers, perform audit and fraud reviews.”

From the American Association for Justice news release.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

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