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Congress is About to Take Away Your Rights!

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 http://www.house.gov/representatives/find/

Call or Write your Senators and Representatives
and tell them to VOTE NO on  H.R. 1215!

The U.S. Congress is fighting hard to take away your rights and the power of individual states to protect those rights.

The influence of BIG BUSINESS over your elected representatives is being used protect careless and greedy companies and their insurers from the responsibility to pay for their own misconduct. They are working to transfer to taxpayers the expense of caring for the victims of corporate misconduct. And if the responsibility to pay for the harm they do disappears then a primary motive for manufacturers and drug companies to make safe products disappears with it.

Let’s Get Specific

H.R. 1215:
If your loved one ends up in a nursing home, and develops fatal bedsores because the nursing home chose to understaff to maximize profits, it won’t matter. This bill leaves victims of nursing home abuse with no practical remedy.

Is it okay with you if your hospitalized child suffers brain injury and dies because there were not enough health care professionals to provide proper supervision? Under this bill, Congress says your child does not have enough value to matter.

Congress is considering a devastating anti-justice wish list in H.R. 1215. The bill would federalize (so long states’ rights!) health care malpractice lawsuits, severely limiting victim’s access to justice.

Oppose H.R. 1215: Congress Should Protect Patients. Period. As many as 440,000 Americans die from preventable medical errors every year, making it the third leading cause of death in the U.S. behind heart disease and cancer.

XYZ drug company produces a drug that is hazardous to people taking it. Doctors are told that the drug “has problems”, but some doctors continue to prescribe it because they enjoy benefits from the drug company. You will not be permitted to sue those physicians under this law.

How Will It Cost Tax Payers?

Injured people must get care somewhere. If they cannot receive compensation from the party at fault, they will have to go elsewhere.

*Private health insurance costs can be expected to go up.
*Medicare will get hit for more payments.
*Medicaid will see increased claims.
*Social Security will see increases in disability claims.
*Healthcare costs will rise to cover the uninsured who seek treatment.
*Unemployment claims should be expected to rise as injured workers, uncompensated by the real wrongdoers, will make claims that would otherwise have been unnecessary.
*If you are somehow able to receive a jury verdict or settlement in any of the cases under this bill, the responsible party can require that any amounts over $50,000 be paid out over time; will it be one year, 10 years, 20 years, 30 years?? And what happens to your compensation if the wrongdoer goes out of business before the debt owed to you is paid?

So Why Would Congress Do This?

Because members of Congress owe big corporations and insurance companies for getting them elected. What other reason would cause Congress to pass laws they know will hurt Americans and add to an already heavy tax burden?

Nurse Charged With 14 Counts of 1st-Degree Murder After Euthanizing Nursing Home Patients

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International Alex Schadenberg Jan 13, 2017 | 7:25PM   Toronto, Ontario

https://i0.wp.com/lifenews.wpengine.netdna-cdn.com/wp-content/uploads/2016/10/ElizabethWettlauffer.png

 

On October 25, 2016, EPC reported that Elizabeth Wettlaufer, 49, a nurse from Woodstock, was charged with 8 counts of first degree murder in what is being defined as possibly the worst case of a seriel killer in Canadian history.  EPC responded to this news by demanding an in-depth investigation into care homes in Canada, especially now that euthanasia is legal. Wettlaufer is now facing six more changes related to the abuse of patients in Woodstock and Paris Ontario.

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Florida Nursing Home Owner Shield: FL bill 670 a clear violation of federal statute

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new-logo25Marti Oakley

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The Florida House and Senate recently passed a clearly protectionist bill. Fl 670, meant to shield the owners, investors, managers and other employees and individuals from liability for their failure to protect, and to ensure the well-being and rights of home residents, is a clear violation of federal code regarding these same individuals.

Rick Scott, Florida governor and holder of the largest Medicare Fraud Scam on record, dutifully signed this bill into law knowing full well that the abuse, neglect and deprivation of individual rights of nursing home residents would explode as a result.

Scott, apparently not remotely concerned with what is an obvious conflict of interest, or, against the best interests of nursing home residents, signed FL 670 into law.  This despite his active construction of the largest Medicare scams in US history.

10308126_655703157817352_3150440186206186545_nMiami officials exposed the fraud in June of 2009. Five states were involved and several fake businesses were found operating with the intent to defraud Medicare and Medicare Advantage for non-existent drugs and treatments for cancer and HIV. Scott, and seven other defendants were identified in the scam.

Guess how much time any one of them served for this fraud and theft? If you guessed “0“, you would be correct. Instead of going to prison for grand larceny, theft by deception or any other relevant charge, they paid 1.7 billion in fines and settlement and got a “get out of jail for 1.7 billion” pass.  Of course, we can find no evidence that the fine was actually ever paid in part or full.  More

5 Reasons to Defeat Nursing Home Bill

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 Health News Florida

Brian Lee of Families for Better Care

Brian Lee, executive director, Families for Better Care
The historic “compromise deal” between the nursing home industry and the trial bar now in Florida’s Legislature may soon become Florida’s most epic fail for elderly nursing home residents.  Here are five facts about the “sweetheart deal” that’s designed to rob residents of their rights: 

 

Fact #1—Culpable decision makers would be immunized from accountability in cases of resident abuse and neglect

For those residents who are harmed and seek a lawsuit, they would lose any and all ability to seek punitive damages against a corporate owner.  Immunity for culpable decision makers would be in all cases, regardless of the severity of the injury and almost regardless of the actions of the corporate shell investor.  Residents would also lose the ability to even sue the corporate owner that fundamentally makes the decisions on how a nursing home is run, how budgets are set and how much is skimmed off for profits.

Fact #2—Residents would be prohibited from accessing records
Nondisclosure of medical records will become commonplace under this compromise deal as the entire records section would be unenforceable.  If residents wish to examine their records and nursing homes refuse to furnish requested copies, then residents would be forced to hire an attorney to subpoena their records.  Since the vast majority of nursing home residents are Medicaid recipients who are unable to afford legal services, this bill disenfranchises them of their federally mandated right to inspect and request copies of records at anytime without hindrance.

Fact #3—Families expect Florida to keep staffing promise
The last time the Legislature gave the nursing home industry comprehensive tort reform (2001), Floridians got a strong staffing standard in return.  But in recent years, the Legislature has dropped those staffing requirements.  This downturn has negatively impacted resident care as 20 percent of Florida’s nursing homes now sit atop the state’s watch list for dangerous care.  Residents and families expect Florida to keep its staffing promise before considering any new tort reform.

#4—Investment capital is pouring into nursing homes
The nursing home’s bull market continued to rage through 2013 by stampeding market averages on its way to an unprecedented fourth consecutive year of strong growth.  Investment analysts raved about the booming market, saying:

  • “Skilled nursing stocks outperform … companies beat market averages in a bullish year.
  • “Senior housing sector … made it through the Great Recession in better shape, and with better returns, than any other real estate type.”
  • “Surging market and acquisition … a record year for number of publicly announced [transactions]. . . for the first time ever surpassed 200 announced transactions in a single year.”
  • “The breadth of the market is about as deep as we’ve seen it as the number of players does not appear to be shrinking.”

#5—Aon’s lawsuit study is flawed, not “independent”
For the second year in a row, Aon’s Long-Term Care General Liability and Professional Liability Actuarial Analysis is little more than a morass of self-reported nursing home data.

Aon used shrouded, unverifiable records supplied solely by the large nursing home chains in response to a data call (fewer than 10 percent of Florida’s facilities participated in the so-called study).  Aon willingly admits that data are “inherently uncertain” and have not been independently examined, which “could have a significant effect on the results of [Aon’s] review and analysis.”

Not surprisingly, Aon is a company that offers professional liability insurance for long-term care providers, making Aon part of the nursing home industry.

Protect elderly nursing home residents and their rights! Call your legislators and demand a “no” vote on (SB 670 and HB 569).

Brian Lee is executive director for Families for Better Care, based in Tallahassee.

 

 

George Dahmer “Chief White Owl” (WWF) Abuse & neglect & Death

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