Nursing Home Transparency and Improvement Act

Dan Frith

Contributor

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A controversial new law endorsed by Republican Sen. Chuck Grassley and Democrat Sen. Herb Kohl seeks to force nursing homes to provide more information about ownership and accountability. The Act would force nursing homes to file paperwork clearly stating ownership--something that has become increasingly complicated for outsiders to figure out, as private investment groups have bought up nursing homes and enveloped them in complicated legal structures. The opaque ownership makes it difficult for regulators to identify parties responsible for poor care and, more to the point, shields owners from potential lawsuits.

Guess who is opposed to greater transparency in the operations of America's nursing homes?

The American Health Care Association, the group which represents for-profit nursing homes, is pledging to fight the bill. President Bruce Yarwood concedes that corporate structures are complex and argues that the AHCA's opposition is with good reason: Frivolous lawsuits, he says, are forcing nursing homes to close their doors. "We're trying to move away the low-hanging fruit for enterprising attorneys to sue us,"
Just who is the "low-hanging fruit?"

Is it the disabled elderly resident who can no longer care for himself/herself?

Is it the poorly run and under-staffed facility which provides poor care to its residents?

Either way...this is typical of the outrageous comments/philosophies of the nursing home industry.