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Nursing home lobby proposes higher payouts to state

LTC Liability Monitor, February 2, 2005

Legislation to allot a portion of neglect and abuse lawsuit settlements to state Medicaid has been proposed by the Arkansas nursing home industry, the [Little Rock] Arkansas Democrat-Gazette reported. The Arkansas Health Care Association, the state's main advocate for nursing home owners, has outlined a plan to allow Medicaid to seek reimbursement for coverage it provided to a nursing home resident who successfully sues for negligent care or abuse. Currently, Arkansas Medicaid recoups only the cost of treating the specific problem that led to the complaint.

Critics of the proposal say it will discourage victims of abuse and their families from filing lawsuits out of fear of losing settlement money to Medicaid. They also say it is the nursing home industry's sneaky attempt at tort reform, according to the Democrat-Gazette.

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