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    New Rule Adversely Impacts Nursing Home Residents and Those That Advocate on Their Behalf

    December 16th, 2008

     

    From Anne Duvoisin, Attorney/Partner, HensonFuerst Nursing Home

    Practice: “45 CFR Part 2, “Testimony by Employees and the Production of Documents in Proceedings Where the United States Is Not a Party,” passed without comment by the Bush administration in its waning hours, will substantially and adversely impact nursing home residents and those that advocate on their behalf.  It is hoped that a new administration will undo this regulation, which will prevent lawyers from taking the depositions of surveyors and make access to surveyors’ notes very difficult if not impossible to achieve. Often, the only way what happens to a resident is discovered, is through state investigation.  Now, the results of those investigations will be much more difficult to obtain and may in many instances be unobtainable.”

    Click HERE to read and review 45 CFR Part 2, “Testimony by Employees and the Production of Documents in Proceedings Where the United States Is Not a Party.”