Rule 45 CFR 2
The Bush Administration rule change to Title 45 of the Code of Federal Regulations (CFR) Part 2 classified Medicare and Medicaid contractors and state nursing home inspectors as federal Health & Human Services (HHS) employees and required the head of the HHS to approve testimony in medical malpractice lawsuits. Enforcing that rule made it very difficult for nursing home abuse attorneys and injured plaintiffs to investigate and try lawsuits. In fact, many med mal lawyers have reported that HHS employees were refusing to comply with their requests for depositions and documents relating to lawsuits.
The rule change was implemented by the former administration in September of 2008. However, it wasn't until much later that plaintiffs' attorneys realized how difficult the rule would make it to obtain documentation needed to pursue nursing home lawsuits.
The federal government, under the Obama Administration, has admitted that the rule changes were not consumer, or plaintiff, friendly and has agreed to loosen them – although it has yet to address the testimony issue. It's being labeled as good news for nursing home plaintiffs – many of whom face some of the most difficult challenges in years.
Elder law issues on the rise
As American baby boomers become senior citizens, elder law issues seem to be in the news on a consistent basis such as long term care insurance companies refusing to pay valid benefits and reports of increased nursing home negligence and injuries due to facilities employing unqualified and untrained staff.
If your loved one has been injured in a nursing home, assisted living facility or by an in home health care provider, contact an experienced nursing home abuse lawyer in your state to discuss your situation and analyze the options available to your family.
The foregoing article has been prepared by an attorney who is a regular contributor to FreeAdvice, and is now undergoing review by the site's editorial staff.