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Scott Walker, Governor of Wisconsin, has signed into law a bill that will make it harder for victims of nursing home abuse to obtain justice.

The Wisconsin Omnibus Tort Reform Act does in Wisconsin what no other state has done. It puts state records of abuse or neglect in nursing homes off limits to attorneys representing persons suing nursing homes.

Such reports often originate with nursing home employees who witness abuse or neglect and feel conscientiously impelled to report it to a designated state agency and the law requires that agency to follow up with an investigation.

If the state agency investigation confirms serious violations, they refer the matter to the Wisconsin Department of Justice, which is in charge of investigating potential criminal offenses of abuse or neglect

So-o-o, a nursing home employee witnesses abuse or neglect of an Alzheimer's patient and submits a written report of same to the state. An investigation of the matter discloses the very high likelihood that Grandpa was indeed mistreated, and mistreated severely. The matter is referred to the state's Department of Criminal Justice, which concludes that the reported abuse apparently constitutes a criminal offense.

Under the new law signed by Governor, the initial report of the nursing home employee is neither admissible as evidence in a civil suit against the nursing home or its employees nor available to the attorneys in the Department of Criminal Justice.

No other state has this kind of restriction. The Wisconsin legislature, Scott Walker, and the nursing home industry have colluded to make it easier for nursing homes to get away with abuse and neglect of the old and helpless.

Compassionate conservatism??

For-profit nursing home operators made substantial contributions to Walker's election campaign.

Read more:

http://www.standup4wis.org/?p=920
Last edited {1}
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quote:
I notice none of the conservatives on this forum have responded.

That's because we usually ignore better.
On this one, as usual, the article he put up is slanted horribly. The actual line concerning 'granny'.

quote:
impose caps on non-economic damages in lawsuits against various providers of long-term care such as nursing homes, hospice centers and assisted living facilities;


No where does it say that the info is unavailable or that you cannot sue.


You can see the highlights here:

http://nationallawforum.com/20...bus-tort-reform-act/
quote:
Originally posted by b50m:
quote:
I notice none of the conservatives on this forum have responded.

That's because we usually ignore better.
On this one, as usual, the article he put up is slanted horribly. The actual line concerning 'granny'.

quote:
impose caps on non-economic damages in lawsuits against various providers of long-term care such as nursing homes, hospice centers and assisted living facilities;


No where does it say that the info is unavailable or that you cannot sue.


You can see the highlights here:

http://nationallawforum.com/20...bus-tort-reform-act/


WRONG. You have cited an entirely different part of the bill than the one I addressed. My post had NOTHING to do with capping damages. That is entirely separate and distinct from the part that has to do with availability of information to plaintiffs or to prosecutors.Pay attention and perhaps you will look less foolish and irrelevant next time you post.
quote:
Originally posted by b50m:

That's because we usually ignore better.
On this one, as usual, the article he put up is slanted horribly. The actual line concerning 'granny'.

quote:
impose caps on non-economic damages in lawsuits against various providers of long-term care such as nursing homes, hospice centers and assisted living facilities;


No where does it say that the info is unavailable or that you cannot sue.


You can see the highlights here:

http://nationallawforum.com/20...bus-tort-reform-act/


Just shut up.

quote:
But a provision within the law would for the first time prevent nursing home incident reports -- paperwork filed by employees whenever something bad happens -- from being admissible in court.

Lawyers and aging advocates argued that this would prevent cases of abuse from ever coming to light. In some ways, it could actually encourage abusers to cover up their actions -- if they lie in court, it would be impossible to show that nursing home records contradict them.


http://www.wausaudailyherald.c...old?odyssey=nav|head
quote:
Originally posted by beternU:
quote:
Originally posted by b50m:
quote:
I notice none of the conservatives on this forum have responded.

That's because we usually ignore better.
On this one, as usual, the article he put up is slanted horribly. The actual line concerning 'granny'.

quote:
impose caps on non-economic damages in lawsuits against various providers of long-term care such as nursing homes, hospice centers and assisted living facilities;


No where does it say that the info is unavailable or that you cannot sue.


You can see the highlights here:

http://nationallawforum.com/20...bus-tort-reform-act/


WRONG. You have cited an entirely different part of the bill than the one I addressed. My post had NOTHING to do with capping damages. That is entirely separate and distinct from the part that has to do with availability of information to plaintiffs or to prosecutors.Pay attention and perhaps you will look less foolish and irrelevant next time you post.


The only thing foolish is this article.
quote:
Originally posted by b50m:
quote:
Originally posted by Mr.Dittohead:
Just shut up.


So mature Juan. I see that rockhead is influencing you. This 'kill granny' thing makes as much sense as Palin's death panels.
The only other site that had this story was Dailykossack. Enough said.


You're wrong. Again. Since when are you a fan of corporate trial lawyers??? The law will be overturned, like seemingly everything Walker has done so far in Wisconsin. He will be recalled by this time next year.
quote:
Originally posted by b50m:
quote:
Originally posted by Mr.Dittohead:


Just shut up.


So mature Juan. I see that rockhead is influencing you. This 'kill granny' thing makes as much sense as Palin's death panels.


WAIT A MINUTE!!!!!!!!!!!!!!!!
The right wing witch is actually ADMITTING that Sarah Palin was WRONG and LYING along with all the protestors and rethugliteacons at town halls and all over FOX NEWS when they were promoting the lies about "Death Panels" in the healthcare bill???????????????? Eeker

KEEP PASSING THE BUCKETS OF WATER, BOYS!!!!!!!!!!!
IT'S WORKING! S H E 'S MELTING!!!!!!!

AND ALL THE MUNCHKINS SAY: Big Grin Big Grin
quote:
Sez b50m: So mature Juan. I see that rockhead is influencing you. This 'kill granny' thing makes as much sense as Palin's death panels.
The only other site that had this story was Dailykossack. Enough said.


Go girl!
They've run out of anything factual, so...here's the kind of crap you're going to keep seeing.
But, then again, that's nuthing new.... Roll Eyes
This is not the same as killing granny. But I admit, I missed this paragraph earlier. My apologies to better.

quote:
It is also a crime under Wisconsin law for a person who is in charge of or employed by a residential care facility, an inpatient health care facility, a treatment facility, or a home health agency to intentionally, recklessly or negligently abuse or neglect a patient or resident of such a facility or agency. The Tort Reform Bill would not impose liability for negligent abuse or neglect by a health care provider acting in the scope of his or her practice or employment when he or she commits an act or omission of mere inefficiency, unsatisfactory conduct or failure in good performance as the result of inability, incapacity, inadvertency, ordinary negligence or good faith error in judgment or discretion.
quote:
Originally posted by b50m:
Do you understand the recall process in Wisconsin? First they will have to hold a special election if they get enough signatures to even go that far. Then if they win the new election, they get to keep their job. Do you think that in another election, they would be voted out?


Walker hat to serve one year(Jan 2012), then the signatures can be submitted to AG for confirmation, then special election is held.

PPP polling says he loses a do-over.

http://www.publicpolicypolling...erRematchResults.pdf

He might win a national election, but not in Wisconsin.
OK, Rocky, you can keep insulting my friend, but as you can see, she admits it when she was wrong. She is a good person.

Now, back to the story - THIS is the part that should scare everyone:

Perhaps most significantly, revised Section 146.38 would extend the prohibition against disclosure of review records to criminal proceedings against a health care provider, rather than maintaining the current limited reach of only civil proceedings.

In a similar effort, the Tort Reform Bill would amend another section of the statutes to restrict the use of certain types of records in the possession of the Department of Regulation and Licensing and the division within the Department of Health Services in charge of health care provider quality assurance. Records required by such regulatory agencies to be disclosed by a health care provider, as well as statements and records of interviews of employees of a provider obtained by such agencies would not be available for use as evidence in a civil or criminal proceeding brought against a health care provider.
Act 2 also left intact the current law provision that a person who participates in QAA committee activities
may not disclose information acquired in connection with the health care services review unless agreed upon
by the health care provider. Act 2 expanded the current law health care records confidentiality provision to
prohibit the use of an incident or accident report under the s. 146.38 health care services review statute in any
civil or criminal action against a health care provider.
It should be noted that a nursing facility cannot “hide” documents by labeling them as a QAA product. The
documents that are protected under Act 2 are those that are generated for the purpose of a QAA committee
review or that are generated at the request of the QAA committee. No other records or reports can be
shielded. Indeed, shielding documents is a two-way street; some documents might be needed later to defend
the actions of the provider.
The purpose of these Act 2 changes under s. 146.38 is to permit nursing homes and other health care
providers to study and improve practices and accelerate collaborative efforts aimed at improving resident
outcomes without fear of those findings being used against them in a court of law.

While Act 2 prohibits the use of QAA committee records or incident reports in any civil or criminal
proceedings against the facility which produced those documents, it is quite a stretch to say the new law
“shields vital information from juries' eyes.” The following documentation remains accessible to nursing
home residents, their family members, and their legal representatives as allowed by and in accordance with
the Wisconsin Open Records law, the federal Freedom of Information Act, Chapter 146, Wis. Stats., and
federal and state discovery laws:
 Nursing home surveys and findings
 Nursing home plans of correction
 Resident medical records, including all incidents or accidents which include the time, place, details
of the incident/accident, action taken, and follow-up care
 Prompt notification of the resident's physician, guardian, if any, and any other responsible person
designated in writing by the resident, of any significant accident, injury, or adverse change in the
resident's condition.

Act 2 would prohibit the Caregiver Misconduct Incident Report and its attachments from being
admissible as evidence in a civil or criminal action against the nursing home which conducted the
caregiver misconduct investigation because the mandated report is self-incriminatory against the
provider. But all the information listed above that is contained in the Caregiver Misconduct Incident
Report is accessible to prosecutors, residents, the resident’s family members and legal representatives,
guardians and advocates. A resident’s attorney may have to conduct his/her own investigation in any civil
or criminal action against that nursing home but the groundwork to do so is clearly laid out in the
accessible information contained in the Caregiver Misconduct Incident Report.
Statement #3: “Nursing home providers want to block access to important evidence of what happened,
who was present when it happened, who was supposed to be present, and whether the injury or death
was preventable. This is the type of information that is only contained in incident or accident reports.
Why should the resident and family be denied access to an explanation of what happened and why?
Response #3: As noted above, residents, their families and their attorneys DO have access to the information
they are seeking through the information contained in the Caregiver Misconduct Incident Report.

http://www.wahsa.org/tortrfm.pdf
quote:
Originally posted by b50m:
Do you understand the recall process in Wisconsin? First they will have to hold a special election if they get enough signatures to even go that far. Then if they win the new election, they get to keep their job. Do you think that in another election, they would be voted out?

YES !
AND POOOOOOOOOOOOF!
The right wing witch is on her broom and GONE, of course it is only temporarily.
And all the munchkins say: Frowner Frowner

Whenever one of the "thugs" start LOSING a debate on this forum and don't have enough backup (including O NO!) they do the famous:
RETHUGLITEACON DISAPPEARING ACT in the center ring of the TD RETHUGLITEACON BIG TOP CIRCUS!
Thanks Cage. On my laptop which has very little cpu power. Hard to search for things.

quote:
While Act 2 prohibits the use of QAA committee records or incident reports in any civil or criminal proceedings against the facility which produced those documents, it is quite a stretch to say the new law “shields vital information from juries' eyes.”

The following documentation remains accessible to nursing home residents, their family members, and their legal representatives as allowed by and in accordance with the Wisconsin Open Records law, the federal Freedom of Information Act, Chapter 146, Wis. Stats., and
federal and state discovery laws:

 Nursing home surveys and findings
 Nursing home plans of correction
 Resident medical records, including all incidents or accidents which include the time, place, details of the incident/accident, action taken, and follow-up care
 Prompt notification of the resident's physician, guardian, if any, and any other responsible person designated in writing by the resident, of any significant accident, injury, or adverse change in the resident's condition.
quote:
Originally posted by b50m:
Thanks Cage. On my laptop which has very little cpu power. Hard to search for things.

quote:
While Act 2 prohibits the use of QAA committee records or incident reports in any civil or criminal proceedings against the facility which produced those documents, it is quite a stretch to say the new law “shields vital information from juries' eyes.”

The following documentation remains accessible to nursing home residents, their family members, and their legal representatives as allowed by and in accordance with the Wisconsin Open Records law, the federal Freedom of Information Act, Chapter 146, Wis. Stats., and
federal and state discovery laws:

 Nursing home surveys and findings
 Nursing home plans of correction
 Resident medical records, including all incidents or accidents which include the time, place, details of the incident/accident, action taken, and follow-up care
 Prompt notification of the resident's physician, guardian, if any, and any other responsible person designated in writing by the resident, of any significant accident, injury, or adverse change in the resident's condition.


SHE'S BAAAAAAAAAAACK and accompanied by her "flying monkey" too!
And all the munchkins say: Frowner Frowner
quote:
Originally posted by rocky:
AND POOOOOOOOOOOOF!
The right wing witch is on her broom and GONE, of course it is only temporarily.
And all the munchkins say: Frowner Frowner

Whenever one of the "thugs" start LOSING a debate on this forum and don't have enough backup (including O NO!) they do the famous:
RETHUGLITEACON DISAPPEARING ACT in the center ring of the TD RETHUGLITEACON BIG TOP CIRCUS!



What are you talking about, Rocky? Are you accusing me of being a Republican??!! Just because I can seperate politics from friendship??!!

Or are you accusing me of disappearing because I got busy here at my business for the past hour or so and had to log out for a while?
quote:
quote:
Originally posted by rocky:
AND POOOOOOOOOOOOF!
The right wing witch is on her broom and GONE, of course it is only temporarily.
And all the munchkins say:

Whenever one of the "thugs" start LOSING a debate on this forum and don't have enough backup (including O NO!) they do the famous:
RETHUGLITEACON DISAPPEARING ACT in the center ring of the TD RETHUGLITEACON BIG TOP CIRCUS!

quote:
Sez O NO :What are you talking about, Rocky? Are you accusing me of being a Republican??!! Just because I can seperate politics from friendship??!!

Or are you accusing me of disappearing because I got busy here at my business for the past hour or so and had to log out for a while?


He's obviously to ignorant to realize he and juans asses just got "smoked". THEY left while I was still posting...and now, he looks around, sees we I'm not here, and goes into his "well known idiotic name calling"...sheeesh.

I'm glad you you know how to "debate" O NO!
Dang ONO, you quoted the idiot.
I did not know I was losing the debate.
I wish rock would grow up and get past his Wizard of Ozz fetish.

It seems we covered the topic. Better's article was not as accurate as it seemed, and the tort law passed over two months ago.

It's done.

(Typing while you posted Cage. Yes, ONO can debate. It makes it nice for a change.)
I don't think anyone got "smoked". I had not heard of this bill before today either, and even though it was passed in January, I agree with Beter that it is NOT a good thing for our seniors.

But Rocky IS an embarassment to liberalism. Name-calling is the refuge of the childish and weak-minded. I agree with his politics (mostly), but I wouldn't want HIM for a friend. I DISagree with B's politics (mostly), and yet I am PROUD to call her my friend.

And Cage - I just plain think you're cool. Smiler
quote:
Originally posted by O No!:
I don't think anyone got "smoked". I had not heard of this bill before today either, and even though it was passed in January, I agree with Beter that it is NOT a good thing for our seniors.

But Rocky IS an embarassment to liberalism. Name-calling is the refuge of the childish and weak-minded. I agree with his politics (mostly), but I wouldn't want HIM for a friend. I DISagree with B's politics (mostly), and yet I am PROUD to call her my friend.

And Cage - I just plain think you're cool. Smiler


No, you are a wimp, period. That is how you got your "likable liberal" award and because she is NOT a wimp is why your co-winner no longer posts here.
As for name calling (yes I just DID call you a wimp) and while I am at it I will add: hypocrite.
Your FRIENDS cage, the witch and all the rest call me, Opie, Ditto and better more names than we have ALL combined EVER called any of them, except in your desire to "get along" you ignore it.
I do not goose step like the THUGS and you may CALL yourself a liberal, but you keep BAD company!
And the main trait, hypocrisy, has rubbed off on you.
quote:
Originally posted by O No!:
No Rocky, I think the term you are looking for is MATURITY. I've got it, you don't.

Opie insults EVERYBODY. That is the function of a troll. I don't recall Ditto calling you names, but if he has, it is most likely for the same reason Cage does - because you INVITE it with your childish behavior. Roll Eyes


You HAVE been paling around with your friend, the right wing witch TOO long. Where did I say Ditto had called ME names? I said your PALS Cage, b50m and all the rest call ALL OF US names including Ditto DAILY, with the exception of YOU, the "likable liberal" Roll Eyes

Your reading and comprehension skills are deteriorating to the point of the "witch"
Seems hypocrisy isn't the only thing you have picked up from the thugs on here!
quote:
Originally posted by O No!:
I don't think anyone got "smoked". I had not heard of this bill before today either, and even though it was passed in January, I agree with Beter that it is NOT a good thing for our seniors.

But Rocky IS an embarassment to liberalism. Name-calling is the refuge of the childish and weak-minded. I agree with his politics (mostly), but I wouldn't want HIM for a friend. I DISagree with B's politics (mostly), and yet I am PROUD to call her my friend.

And Cage - I just plain think you're cool. Smiler


Now if we could just work on that politic thing. Wink

Cage is cool, no doubt.

I think rock suffers from his age. Most college students are liberals. It always seems the good social thing to do. When he hits the big bad world, it will be hard for him if he doesn't tone it down a bit. The basic policies of the Democrats and Republicans are not that far apart. It's the liberals and conservatives who are ends of the world.
You're right, Rocky, I DID read it wrong. I was only here for a few seconds and then it got busy again. No excuse, just a fact.

But while I cannot defend anyone calling Beter names, I know they do it because of the screen name he chose. The man has my total respect for his intelligence and his class. (Something you are sorely lacking in.)

Ditto and Cage have a lot in common. They post a lot of stuff just to jerk people's chains. They are both very funny, and they are both good people, in spite of the fact that their politics are completely opposite.

Opie, as I have said, is just a troll who insults everyone.

And YOU are a very immature little boy.

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