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Rep. Richards, Assembly Democrats announce
Senior Citizen Protection Act
Bill would hold negligent care facilities accountable for injury and death
 
Madison—Today, Rep. Jon Richards (D-Milwaukee) and several of his Assembly Democratic colleagues announced the Senior Citizen Protection Act, which would restore certain legal rights for the victims – and families of victims – of nursing home abuse and neglect.  The legislators were joined at the announcement by senior citizens and advocates for seniors, people with disabilities and health care consumers.
 
“Earlier this year an elderly Milwaukee resident died after nursing home staff left him outside unattended for over three hours in record 100 degree heat,” Rep. Richards said.  “Right now in Wisconsin it is difficult – if not impossible – to hold nursing homes accountable when residents are injured or die due to negligence.  That’s completely backwards.  Instead of shielding nursing homes that commit abuse, we should be protecting our most vulnerable residents who live in these homes.”
 
Under laws passed earlier this session, investigation reports and records can no longer be used in civil and criminal actions against negligent long-term care facilities. These reports—which are paid for with taxpayer money—contain important evidence of what happened and whether a nursing home injury or death was preventable.  The Senior Citizen Protection Act would make this evidence available again to judges, juries or families who are searching for the truth and trying to determine if a resident was abused or neglected.
 
The bill also removes arbitrary limits on punitive damages and pain and suffering claims against negligent long-term care facilities for egregious actions by the facility, its executives and employees.  Nursing home residents don’t work, so they cannot collect for lost income if they are seriously injured at a facility.  Collecting non-economic damages is the only way for victims of nursing home abuse to be compensated.
 
Finally, the bill protects against binding mandatory arbitration clauses that are inserted into nursing home contracts.  These clauses limit or waive a resident’s right to sue a nursing home if they are harmed or injured at that facility.
 
Organizations that support the Senior Citizen Protection Act include: AARP Wisconsin, the Coalition of Wisconsin Aging Groups, the Survival Coalition of Wisconsin Disability Organizations, Citizen Action of Wisconsin and the Wisconsin Alliance for Retired Americans.
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