Press Release 7/30/02

National Citizens' Coalition for NURSING HOME REFORM	Diane Menio, President Elma Holder, Founder Donna R. Lenhoff, Esq., Executive Director
1424 16th Street, NW, Suite 202 Washington, DC 20036-2211	Phone: 202-332-2275 FAX: 202-332-2949 nursinghomeaction.org
NEWS RELEASE
For Immediate Release: July 30, 2002	Contact: Deborah Mitchell Communications Director

National Citizens' Coalition for Nursing Home Reform Applauds Defeat of McConnell Amendment

Amendment Would have Provided Immunity for Abuse and Neglect Of Nursing Home Residents
(printable pdf version)

WASHINGTON -- The nation's 1.6 million nursing home residents came dangerously close today to losing the ability to enforce their rights, said Donna Lenhoff, executive director of the National Citizens' Coalition for Nursing Home Reform.

The Health Care Liability Reform amendment, introduced Friday by Sen. Mitch McConnell (R-KY), would have "erected a new barrier to the enforcement of nursing home residents' rights and allowed the suffering of residents to go unpunished," Lenhoff said.

The measure, which was offered as an amendment to the prescription drug bill, included provisions that would have severely restricted punitive damages in nursing home cases, limited residents' attorneys' fees, and imposed an insufficient statute of limitations.

"Limiting punitive damages in cases of nursing home abuse and neglect betrays some of our nation's most vulnerable and defenseless citizens," Lenhoff said. "Recently released federal reports confirm that a shocking number of frail elderly and disabled nursing home residents suffer from abuse and neglect. The McConnell Amendment would have given nursing homes virtual immunity for the abuse and neglect of residents entrusted to their care."

The amendment's Statute of Limitations provision would also have failed to provide adequate time for residents and their families to bring cases, Lenhoff said.

" It often takes time to discover a nursing home resident has suffered abuse. Elderly residents whose memory or ability to communicate is impaired may not be able to communicate what has happened," Lenhoff said. "A 2-year-period would keep many nursing home cases from ever being brought by the victims of abuse."

Senator Edward Kennedy (D-MA) led the charge against the amendment, which was defeated by a vote of 57 to 42.

 # # #

NCCNHR has provided consumer information, technical assistance, and a voice in Washington for nursing home residents, citizen advocacy groups, and long-term care ombudsmen for more than 25 years.