'A License for Neglect.' Nursing Homes Are Seeking, and Winning Immunity Amid the Coronavirus Pandemic

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‘A License for Neglect.’ Nursing Homes Are Seeking — and Winning — Immunity Amid the Coronavirus Pandemic

While the federal government has provided legal protections for some health care professionals during the pandemic, they have not explicitly included nursing homes. So the industry has focused much of its lobbying push at the state level, where it has seen quick results. At least 18 states have granted nursing homes and other long-term care facilities some legal immunity related to the pandemic, either through laws or governors’ orders.

But the nursing home industry argues it should not be held responsible for problems that occur during this unique moment as they try to follow federal and state guidance. “The COVID-19 pandemic has created an unprecedented public health emergency.

Other states that have added immunity laws that would protect nursing homes from civil lawsuits include Alabama, Louisiana, Kentucky, Mississippi, Nevada, North Carolina, Rhode Island, Vermont and Wisconsin. Governors in Arizona, Connecticut, Illinois, Georgia, Massachusetts, Michigan and New Jersey have issued similar immunity orders that cover the nursing home industry or include categories such as “health care facilities,” which lawyers say would cover nursing homes.

Private equity firms have also swooped in on the industry, and now control more than 10% of facilities nationwide, further slashing costs and taking steps to maximize profits. When private equity firms take over nursing homes, aby researchers at the University of Pennsylvania, University of Chicago and New York University found that they tend to cut back on nursing staff, and these cuts are directly associated with declines in care standards and patient health.

Source: News Formal (newsformal.com)

 

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