Bill Requires Police Notification Of Nursing Home Abuse

General Legislative Assembly, Nov 15, 2006

STATE HOUSE – “You would think, with all the cases of nursing home abuse that have, unfortunately, been the subject of news stories the past few years, that law enforcement officials are among the first individuals notified,” said Rep. Peter G. Palumbo (D-Dist. 16, Cranston).

Unfortunately, they are not, said Representative Palumbo, because nursing homes are not compelled by law to do so.

That would change with enactment of legislation introduced by Representative Palumbo,(2006 - H6970), which has been referred to the House Committee on Health, Education and Welfare.

Language does exist in state law dealing with the “Rights of Nursing Home Patients” and, specifically, abuse of those patients. It says, for instance, that restraining devices are generally prohibited and that “patients shall not be subject to mental or physical abuse, and shall be free from chemical and (except in emergencies) physical restraints except as authorized in writing by a physician” and with appropriate notification of next of kin or legal guardians.

Rep. Charlene M. Lima (D-Dist. 14, Cranston), co-sponsor of the bill, noted that while doctors and hospitals are required to file reports of suspected patient abuse, nothing in the law requires nursing home administrators or their employees to file reports of suspected abuse. “By not requiring nursing homes to report any harm caused by physical or emotional abuse, we are putting our most vulnerable citizens at risk,” she said. “This is an unacceptable risk which we can no longer allow to occur.”

The Palumbo bill would require that “whenever any nursing home administrator shall receive information that a resident of (the) facility has been harmed as a result of physical or emotional abuse, neglect or mistreatment, the administrator shall immediately notify the state police or the police department of the city or town in which the abuse occurred.”

“There seems to be this impression that, nursing home patients being old or dying or just unproductive members of society, certain things can just be swept under the rug,” said Representative Palumbo. “That’s nonsense. These are human beings relying on others for their daily welfare and any form of abuse is outrageous and should be considered potentially criminal. As with any forms of abuse, the police should be notified, immediately.”