How Could a President Biden Affect Nursing Home Regulations in Maryland?

Maryland nursing homes must meet certain standards under state and federal regulations. They must follow state laws and regulations applicable to nursing homes. In addition, facilities that accept Medicare and Medicaid patients are also required to meet federal nursing home standards. Federal and state regulators ensure compliance by conducting surveys, visits, and investigations.

According to a recent news report, the Democratic candidate for president Joe Biden has said that he plans to spend $775 billion to expand community-based senior services if elected. He also wants to enact nursing home reform in the wake of the coronavirus pandemic. The current administration has generally maintained less oversight with a goal of reducing perceived paperwork burdens and focusing on public-private partnerships to tackle issues. For example, the administration plans to rely on retail pharmacies CVS and Walgreens to distribute a COVID-19 vaccine in nursing homes. The administration has proposed less frequent surveys of the highest-ranked nursing facilities to concentrate on “low performers.”

Biden has said he would make federal nursing home surveys more frequent and increase the current penalties to force compliance with federal standards. He also proposed requiring that each facility have a mandatory infection disease specialist, requiring the federal Department of Health and Human Services (HHS) to audit nursing home cost reports, and increasing personal protection equipment (PPE) supplies by invoking the Defense Production Act. The proposal also calls for restoring a previous ban implemented by President Obama on forced arbitration agreements for residents—a ban that President Trump reversed.

Biden has criticized the administration’s response to COVID-19 in nursing homes. He has said that the administration has been too lax with safety precautions and that he has failed to provide sufficient tests and PPE to nursing homes. Biden also plans to attack protections for nursing homes related to COVID-19, limiting the liability of nursing homes.

Proving Nursing Home Liability

Nursing homes and rehabilitation centers may be liable if they fail to follow state or federal regulations and fail to protect and care for residents. If a nursing home resident in a Maryland nursing facility is injured due to the facility’s and/or a staff member’s conduct, the facility may be liable if it failed to adequately protect or care for the resident. A plaintiff in a Maryland nursing home case, must show that the nursing home failed to meet its duty to provide adequate care for the resident based on the circumstances.

Call a Maryland Personal Injury Lawyer

At Lebowitz & Mzhen, Personal Injury Lawyers, our Maryland nursing home attorneys take pride in advocating for the rights of victims against negligent nursing homes, incompetent health care providers and other defendants, as well as their insurers. We treat every client and their family with the personal attention that they deserve, taking the time to understand their situation and tailor a plan to meet their individual needs. Our experienced attorneys will guide you through each step of the legal process. To set up a free consultation call, Lebowitz & Mzhen at (800) 654-1949 or contact us through our inline form.

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