Three Strikes Rule for Nursing Homes Under Consideration in Texas

03 Sep Three Strikes Rule for Nursing Homes Under Consideration in Texas

Nursing home abuse is a serious problem throughout the United States, but Texas is making a move to do something about it. Lawmakers in the state are seeking stricter laws on nursing homes, especially as it pertains to those facilities that have a history of proven abuse.

Overview of the Proposal

Lawmakers in the state of Texas are seeking legislation that would force those nursing homes with repeated reports of abuse to close their doors. The Texas Sunset Advisory Commission held a meeting on August 13^th; it was during this meeting they recommended the crackdown on these nursing facilities. The organization urged the Legislature to make it a requirement for the Texas Department of Aging and Disability Services to pull the license of every nursing home in the state that has a minimum of three violations of the gravest type during any two-year period.

The Republican state senator who recommended this action stated it would only target the absolute worst facilities in the state. He feels this type of legislation would allow Texas to move quicker with new regulations than that of the federal authorities. He stated one facility in his district closed in July because they lost federal funding. He feels it is time the state started protecting its own citizens instead of relying on the federal government.

This measure would only affect seven out of a total of 1,200 nursing homes throughout the state of Texas. Some of the Democratic members of the panel have some concerns about this proposal and fear a “three-strike” law could cause the agency responsible for overseeing nursing home activities to make premature judgment calls. This could affect those facilities that are in the process of making substantial progress toward correcting the problems that have existed and doesn’t feel the state should just revoke the licenses of those nursing homes that are making an honest effort to make corrections.

Are Stricter Laws Advantageous?

While there is no doubt the need for stricter legislation, the question is whether a “three-strike” law is the proper and best way to go. What do you think?

Are you concerned about the care a loved one is receiving in a nursing home? If so, we have lawyers who are experienced in handling potential nursing home abuse. To consult with one of our firm’s attorneys, email us or call our office at 1-877-659-1620.