A state bill in Louisiana made progress this week, granting broad legal protections to nursing home management companies, despite widespread concern over poor care and accountability.
The legislation would shield nursing homes from most lawsuits, funneling claims through the Medical Malpractice Act which caps damages and limits the financial liability of individual owners to $100,000. The rest would be paid by a state fund.
The bill has fierce proponents and naysayers as well, with Sen. Thomas Pressly and nursing home lobbyists arguing the bill is necessary to prevent nursing homes from going bankrupt as a result of large lawsuit verdicts. The nursing home industry donated more than $1 million to state politicians ahead of the 2023 elections and has aggressively lobbied for the bill, according to reports from The Advocate.
The AARP, family members and some lawmakers oppose the bill, stating it would further protect poorly performing nursing homes and remove incentives for proper care. The bill faced pushback, with the state making headlines due to high-profile abuse cases like the Bob Dean warehouse tragedy during Hurricane Ida. The disaster resulted in deaths and a $12 million settlement.
Ultimately, critics warn that the law undermines justice for abused or neglected residents – supporters say it’s necessary for the struggling nursing home industry in the state. Rep. Stepanie Hilferty attempted to limit such protections to facilities with average or better quality ratings, but the change was rejected.
Gov. Jeff Landry has been urged to veto it, but as of Wednesday he hasn’t made a decision. The bill passed the House 58-37 on Tuesday, and passed the Senate in April.