Three Strikes and You're Out of Business

Libertyville, IL, January 31, 2015 (Newswire.com) - Strict adherence to guidelines and protocols are the foundation of quality nursing home care. When they are not followed, the potential for harm becomes very real. Further, as they are ignored, standards of care drop considerably as patterns emerge and patients are placed at unnecessary levels of risk for the treatment of their medical conditions.

To help counter this, the Texas legislature is considering legislation that would permanently shut the doors of nursing home facilities that are found to be in violation of accepted healthcare standards and/or state law. Should a nursing home facility reach a predetermined threshold for violations, the proposed legislation would trigger the State to revoke the facility's license to operate.

"As an Illinois nursing home abuse attorney, I support what Texas wants to do. While it will have little impact in Illinois, it bears similarities to the Nursing Home Care Act which is being debated by the General Assembly. In both states, the respective legislation would be effective at curbing elder abuse and the problems caused by the decreasing quality of care within nursing home facilities," notes Bogie Martinovich.

Currently, the federal government has this ability via the United States Department of Health and Human Services, as well as the Centers for Medicare and Medicaid Services. Should it be determined that a nursing home facility is in serious violation of regulations, they have the option to withhold funding. This effectively shuts negligent facility operators down.

Currently, if a facility is shut down, it must meet rigorous requirements before being allowed to reopen or receive federal funding. Guidelines regarding food quality, cleanliness, accepted standards of medical care, etc. must be corrected and proof must be provided that deficiencies no longer exist. Under the proposed statute in Texas, a facility that goes through this process the third time would be shut down permanently.

"These proposed statutes send a clear message that improper care of the elderly is simply unacceptable. Passage of these would give both states and the federal government considerable leverage to hold nursing care providers accountable. With millions of Americans requiring nursing home care every year, it's simply common sense to pass these into law," remarked Martinovich.