State Lawmakers Weigh Bill to Crack Down on Nursing Home Abuse With Tougher Penalties, More Transparency

Missouri lawmakers are considering legislation aimed at increasing accountability and transparency around resident abuse and neglect in nursing homes. The bill would increase penalties for such offenses and require facilities to carry at least $1 million in liability insurance.

Republican State Senator Adam Schnelting, who sponsored the bill, said the measure would help families obtain answers and compensation when loved ones are harmed in care settings. He cited his own experience after his mother died following injuries she sustained while receiving rehabilitation in a facility, saying families should not be left without recourse if facilities lack insurance, a story in the Missouri Independent states.

“When someone gets hurt or their loved one gets hurt, facilities shouldn’t be able to say, ‘Well, you’re out of luck. I don’t have any insurance,” Schnelting said.

Advertisement

The bill would also require the Missouri Department of Health and Senior Services to flag facilities with substantiated abuse or neglect findings – identified by the department, the Centers for Medicare and Medicaid Services (CMS), or law enforcement – with an icon on its website and provide summaries of incidents for three years.

Supporters say the added transparency would help families make informed decisions when choosing a facility. Advocates from groups including AARP Missouri said the proposal would make it easier for caregivers to access reliable information about long-term care providers.

The legislation would also elevate resident abuse or neglect in a nursing home to a Class E felony. Currently, resident abuse or neglect is classified as a Class A misdemeanor.

Advertisement

Supporters say the bill addresses quality concerns in the state’s long-term care sector, noting that Missouri ranks lowest in the nation for staffing hours provided by licensed nurses to nursing home residents, who receive just 1.14 hours per day, according to CMS data.

However, nursing home advocates warn that requiring facilities to carry at least $1 million in liability insurance could significantly raise insurance premiums and threaten the viability of smaller or rural providers. Operators say rising litigation costs are already driving insurance rates higher and could force some facilities to close if additional requirements are imposed.

Mandating liability insurance would cause premiums to “skyrocket,” said Nikki Strong of the Missouri Health Care Association, a nonprofit that represents long-term care facilities.

Meanwhile, Brandon Koch, executive director of the Missouri Insurance Coalition, said that if the bill set the minimum threshold for liability insurance too high, “it could impact affordability and availability.”

Companies featured in this article:

, ,