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Roll Back Of Nursing Home Protections

July 26, 2019
Elder abuse

Back in 2016, the Centers for Medicare and Medicaid Services (CMS) put in place a rule to help protect the residents of nursing homes by allowing them easier access to courts. The standing rule made by the Obama administration barred Nursing homes from forcing residents or they’re guardians to cede their right to a civil suit before a dispute. This rule will be removed in September and will make addressing elder abuse in nursing homes much harder. Human rights watch groups have evidence of a long list of abuses performed by nursing homes. Hundreds of thousands of elderly patients are given antipsychotics despite rules against this misuse of drugs as chemical restraints. On top of this, residents are subjected to physical violence, theft, and other forms of negligence.

How the 2016 Rule Helped Stop Elder Abuse.

Before the 2016 rule was in place, nursing homes were allowed to require residents to sign an arbitration agreement that took away the patients 7th amendment right to a trial.
Ending this practice helped put a stop the ramped abuse done to elders by allowing them to sue for damages. The CMS decided that facilities have an unfair power differential when bargaining, so the court will have the ability to remedy this. Before this, whatever the arbitrator said was the final word. There was little to do in the form of appeals.

Affects of this Reversal

This reversal will make much of the abuse suffered by the elderly go undetected. Barring them from legal remedies not only makes the victim feel powerless, it only makes the problem worse. If there are no consequences for these major nursing home chains when their employees abuse their clients, they have no incentive to change. We owe it to the elderly to fight for their legal rights.

Contact a Texas Nursing Home Abuse Lawyer for Help

When you place your loved one in a care facility, you expect them to remain safe and free from harm. This is unfortunately not always the case, as nursing home abuse and neglect is a growing issue across the United States. If your senior loved one is showing any signs of nursing home abuse, it is in your best interest to reach out to The Law Giant at Begum Law Group right away.

To schedule a free consultation of your case, contact us today at 866-523-4167.

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