See, the crazy thing about Tennessee politics is that bad legislation that gets buried one year, can live again the next.
Jeff Woods over at the Scene has been keeping a Pithy watchful eye on the 2009 version of the “Kill Old People Cheap” Act that was dismissed last year but has been gaining traction in this year’s General Assembly. Last year with Democrats in control of the House, the bill that’s known in Orwellian circles this year as the “Choose Care Tennessee Act” (SB2160 and HB2243 [pdf], died. This year, with committee assignments split evenly between Dems and Republicans, it has – unlike the residents of nursing homes who are called to meet their maker under suspect circumstances and their families – a fighting chance.
The nursing home industry is back at the legislature this session demanding a law to cap its liability for neglecting and abusing residents. If last year’s version of the bill was dubbed the “Kill Old People Cheap Act,” this year’s is even more audacious.
Residents and their families could win no more than $300,000 for non-economic damages—intangible harm such as pain, emotional distress, disfigurement or loss of a loved one. The bill would place health services provided by nursing homes under the same rules as medical malpractice cases, making it harder and costlier for residents to prove negligence.
What’s new is this devious provision: Should a jury actually award punitive damages against one of our state’s wretched nursing homes, half the cash would be snatched out of the patient’s hands and placed into a state fund. Where would that money go? Back to the nursing home industry, of course.
As unfortunate as this bill is, what’s even more unfortunate are the Tennessee Democrats who have signed on with the majority Republicans as some of the original co-sponsors: Sen. Jim Tracy (R-Shelbyville), Rep. John Lundberg (R-Bristol), Rep. Steve McDaniel (R-Parkers Crossroads), Rep. Vance Dennis (R-Savannah), Rep. Bill Harmon (D-Dunlap), Rep. Lois DeBerry (D-Memphis), Rep. Jason Mumpower (R-Bristol), Rep. Judd Matheny (R-Tullahoma), Rep. Glen Casada (R-Franklin), and Rep. Joe Carr (R-Lascassas).
Seven new sponsors have recently signed on including Senator Randy McNally (R-Oak Ridge), Senator Tim Burchett (R-Knoxville), Senator Bill Ketron (R-Murfreesboro), Senator Jack Johnson (R-Brentwood), Senator Reginald Tate (D-Memphis), Senator Paul Stanley (R-Memphis), and Senator Thelma Harper (D-Nashville).
Harper, Woods writes in Act II, has joined her colleagues in receiving campaign cash from the nursing home industry:
The nursing home industry has doled out $134,000 this decade to legislators, including $23,000 to its bill’s prime Senate sponsor, Jim Tracy, $16,000 to Sen. Jack Johnson, $19,500 to Sen. Bill Ketron, $5,000 to Sen. Paul Stanley, and $13,500 to Sen. Randy McNally. Among House sponsors, GOP leader Jason Mumpower has been given $16,500, Speaker Pro Tem Lois DeBerry $12,500, Deputy Speaker Steve McDaniel $8,000, and GOP caucus chair Glen Casada $3,600.
Harper has gotten only $1,000, which means one of three things: (1) She sells out cheap. (2) She’s expecting to cash in later. (3) She honestly thinks it’s a good idea to strip grandma of the right to hold her nursing home accountable for treating her like a piece of garbage.
Other organizations have come our against the bill, including the NAACP, the AARP, and Tennessee Citizen Action*. NAACP state president Gloria Sweet-Love told Woods:
This is one of the most deceitful and unjust pieces of legislation we have ever seen. The light must be shined on the nursing home industry in Tennessee and the NAACP intends to be the torch bearer. The industry is trying to cloak their intentions by calling the bill the Choose Care Tennessee Act, there is nothing in this bill that will increase care in nursing homes. This legislation unfairly limits victim’s rights and punishes the elderly at their weakest. It comes at a time when the quality of care in Tennessee nursing homes is at a record low and profits of nursing homes operators continue to soar.
And TCA executive director Tom Peters adds:
The quality of care in many Tennessee nursing homes is shameful; there is no other way to characterize it. This bill would ensure that care only gets worse as it completely protects homes when they cause direct harm to the elderly. Several of the legislators who have signed their name to this bill are strong right-to-life advocates, but nothing in this bill will protect the sanctity of life for our nursing home residents. Tennessee Citizen Action stands strongly opposed to this deceptive and purposefully misleading legislation.
SB2160 has been referred to Senate Judiciary Calendar but no date has been assigned yet.
HB2243 has been placed on the Civil Practice and Procedure Sub-Committee Calendar for next Tuesday, March 24. Members of the committee include Chairman Rep. Brian Kelsey, Vice Chair Rep. Henry Fincher, Rep. Kent Coleman, Rep. Vance Dennis, Rep. Jon Lundberg, and Rep. Mike Stewart. Contact info is on the Sub Committee website.
Mike Stewart (D, The Fightin’ 52nd!) replaced Rep. Rob Briley and is probably looking for a good cause to sink his teeth into. If you live in his District, give him a call at (615) 741-2184 or send him an email and let him know this is a good one for him to get ahead of.
*I’m on the Board of TCA.
[...] part of a family of Murfreesboro-based businesses that include NHC, the same company that recently sought a law protecting NHC from [...]
[...] part of a family of Murfreesboro-based businesses that include NHC, the same company that recently sought a law protecting NHC from [...]