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Long-Term Care Consumers Family Members Advocates

Vote "NO" on KY House Bill 361

This legislation would create “medical review panels” that would make it harder for residents and their families to go to court when residents are abused or neglected. These panels would be made up of three doctors who would review written statements from both sides and decide if the evidence indicates that the nursing home violated care standards. They would not talk to any witnesses. If members of the panel determine that the nursing home did follow the standards, their decision can be used against the resident in the trial.

HB 361:

- Creates an unnecessary extra step that residents and families must go through to take a claim of abuse and neglect to court. Only 2 states in the country have such a process.

- Intimidates residents and their families/guardians from pursuing legal remedies meant to protect the safety and care of residents

- Delays the legal process. A final “opinion” of the review panel can take 6 months to a year to be issued

- Costs the resident or guardian a lot! Each case brought for review could cost over $2,000 .

-  Interferes with residents’ constitutional right to due process

- Denies nursing home residents the same rights and legal protections given and exercised by every other Kentuckian

- Would make Kentucky nursing home care worse by giving nursing home providers even more protection

Click here to learn more: http://www.theconsumervoice.org/sites/default/files/Our%20Seniors%20Deserve%20Better%20Final.pdf

Click here to view HB 361: http://www.lrc.ky.gov/record/12RS/HB361.htm

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