Proposed Regulations Would Levy Larger Fines For Nursing Home Abuse

In general, there are two main ways to deter undesirable activity. One way is to increase the monitoring of such an activity, such that people will be discouraged from participating given the knowledge that there is a greater likelihood of getting caught. The other way is to increase the punishment if one is caught. Neither method is perfectly effective, as the ongoing existence of all sorts of undesirable behavior demonstrates. However, it is certainly better than doing nothing at all, and is of particular relevance in the tort system, where undesirable behavior is the subject of many claims.

A recently proposed regulation by the Centers for Medicare and Medicaid Services would impose hefty fines on nursing home staff who fail to report reasonable suspicion of abuse-related crimes. The regulation is supported by the American Healthcare Association, although its leaders note that the fines will do nothing to proactively prevent nursing home abuse. Moreover, some are worried that these regulations will create a “chilling effect” in the nursing home profession, as it “singles out nursing home staff” and “will prevent skilled and passionate individuals from working in nursing homes.”

Whatever the validity of that line of reasoning, the fact remains that nursing home abuse is a widespread issue, and the proposed measures taken by the Center for Medicare and Medicaid Services are at least attempting to curb the issue, even if the measures have their drawbacks.

If you or a loved one has been injured as a result of nursing home abuse, you may be entitled to significant monetary relief. Act now and contact an expert nursing home abuse attorney here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our injury attorney specialists today at 617-787-3700 or email us at for your free and private consultation. Your needs are our top priority!

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