Nursing Homes: Elderly Protection Still Needed

Jackson Clarion-Ledger

January 18, 2008

While it's good news that increased inspections by the state Department of Health has led to a Jackson nursing home passing inspections, it underscores the need for greater public scrutiny of elderly care.

The Hinds County Nursing and Rehabilitation Center received poor marks in March when inspectors found nonflushing toilets, feces smeared on toilets, malfunctioning plumbing, and other issues.

The nursing home also got bad marks in 2004, 2005 and 2006. But all problems have been rectified, according to inspection records obtained by The Clarion-Ledger through an Open Records Act request.

The problems would not have come to public attention except that the facility was cited in a national report. Federal lawmakers have been pushing the Bush administration to make it easier for consumers to identify poorly performing nursing homes.

While in Mississippi, lawmakers passed the Vulnerable Adult Act to protect elderly in nursing homes and the mentally impaired, the Legislature blocked public scrutiny of the care of the elderly in homes.

During the 2002 tort reform battle in Mississippi, The Clarion-Ledger urged requiring stronger measures within the state's medical profession that would have a positive impact on medical malpractice insurance rates, including ensuring the protection and rights of elderly patients.

Other states have adopted such public interest legislation as requiring greater public scrutiny and reporting of abuses. But, during the 2002 special session, lawmakers instead went the opposite way from openness by allowing provisions to shield some nursing home records from possible scrutiny, which could deter legitimate lawsuits and prevent victims of abuse from redress of injury.

According to the National Research Counsel on Elder Abuse, up to 2 million Americans over age 65 have been abused. As more baby boomers ease into their elder years, the potential for abuse grows.

Locally and nationally, more needs to be done to ensure regulations are being followed and to beef up scrutiny, including by families, to ensure an elderly loved one's rights aren't being infringed or safety compromised.

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