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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | March 12, 2013 11:25 AM |
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| From: | Representative Bryan Cutler |
| To: | All House members |
| Subject: | Nursing Home Inspections-Civil Suits |
| In the near future, I am planning to introduce two measures which will further our efforts to enact meaningful tort reform by limiting frivolous lawsuits against long-term care nursing facilities, personal care homes and assisted living residences. These health care facilities are regulated at the federal and/or state level, and are subject to regular and comprehensive licensure and certification surveys, inspections and investigations. When civil suits are brought against such facilities, it is not uncommon for plaintiffs’ attorneys to reference any and all such data, with no exclusions, whether or not it is relevant or specific to the case at hand. As a result, facilities are often required to expend time, money and resources addressing claims which are overbroad, or to enter into settlements rather than risk accruing lengthy litigation costs. My bills will amend the Health Care Facilities Act and the Public Welfare Code, respectively, to place common-sense limitations on the use of survey data and inspection reports in civil actions against these health care facilities. Specifically, in a civil proceeding, the use of such data would be limited to determinations of compliance with licensure or certification requirements under state or federal law, unless the court orders otherwise. These bills will not interfere with a person’s right to bring a civil suit against a long-term care nursing facility, assisted living residence or personal care home. And, there would be no limitations placed on the use of survey data and inspection reports with respect to criminal actions |
Document #1
| Description: | Bill amending the Health Care Facilities Act | |
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| View Attachment | ||
Document #2
| Description: | Bill amending the Public Welfare Code | |
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| View Attachment | ||