2009 Regular Session
May 8, 2009
Nursing Home Bill Wants Every Employee Under Medical Malpractice Act
HB 72 (Rep. Cromer). You may think your client’s injuries or death are not limited by the medical malpractice act. Legislation could soon change that. For five years, the Nursing Home Association has pushed a similar bill to HB 72. Support for the bill also comes from the hospital association and other health care groups.
The supporting argument is that general liability insurance will not cover injuries to patients in health care facilities, so the facility owners need broader malpractice coverage. However, both the nursing home association and the hospital association offer insurance for their members.
Last year, the bill was reported favorably by the House Civil Law Committee but was defeated on the House floor by a vote of 44-45 (53 votes being required for passage).
Monday morning, May 11, at 10 a.m., the house committee will again vote on this issue. Presuming it may be reported to the House floor, we ask that all representatives be contacted in opposition to HB 72.
The language change is short, and we quote it:
"'Patient-related service' means any act or service rendered, or which should have been rendered, to a patient as a result of a diagnosis, order, or health care provider’s assessment relating to supervision, monitoring, assistance with activities of daily living, personal hygiene, or risk of falling."
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