Bush Administration's Secret Rule Hurts Nursing Home Abuse Victims

The Bush Administration put a rule in place that designates state nursing home inspectors and Medicare and Medicaid contractors as "federal employees" according to an article in The Washington Post.  The public was not informed of this change and was not given any opportunity to comment or protest this change.  You may ask:  What's the big deal about that?  Here is the big deal:  this designation means that state nursing home inspectors do not have to provide evidence relating to nursing home inspections in civil litigation.  The information in those inspections can be crucial in holding nursing homes accountable for negligent or abusive injuries to patients.  The effect is already being felt in civil cases across the country.  Routine requests for information in negligence and abuse cases are now tied up in bureaucratic red tape, to the detriment of the victims.  I see victims of nursing home abuse and neglect every day in my law practice.  The information from state inspectors is vital to investigations of these claims and should be a matter of public record.  There is no justification for keeping it secret.