DeLaney attempts to protect Hoosiers from Republican nursing home liability shield

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INDIANAPOLIS – State Rep. Ed DeLaney (D-Indianapolis) today attempted to amend the scope of House Bill 1002 by fully excluding nursing homes and long-term care facilities from COVID-19 liability protections.

“Thousands of the most vulnerable Hoosiers have lost their lives in nursing homes and long-term care facilities during the COVID-19 pandemic,” DeLaney said. “At a time when we need enhanced oversight measures for our seniors and care dependent Hoosiers, the Republican supermajority is ramming through legislation that would effectively remove liability for negligent care.

“Removing these comprehensive care facilities as a protected class would have allowed courts, juries and medical malpractice review panels to make case-by-case decisions. It is through the fresh air provided by the litigation process that we are able to learn and reform with the hope of reducing harm and deaths. The Hoosier State, which is a main funding entity of these facilities through Medicaid programs, owes aggrieved residents and their loved ones the reassurance that the same mistakes will not happen to others. It is my fear that without these proper channels it will become more difficult to assess care level and provide government intervention when needed.”

DeLaney was outspoken throughout the pandemic about the need to regulate COVID-19 in nursing homes:

State Representative Ed DeLaney urges state officials to finally release nursing home COVID-19 data

DeLaney calls attention to governor’s pattern of withholding information

DeLaney and Pfaff propose timely COVID-19 data for nursing homes and schools

Today's proposal from DeLaney was voted down 65-28.

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