The House passed H.R. 1215 on June 28, and this bill, dubbed the “Protecting Access to Care Act of 2017,” is going to the Senate for consideration. The act applies to anyone who receives health care using a federal program, tax benefit, or subsidy. The bill contains several mandates that would ultimately affect an individual’s ability to recover compensation following nursing home liability issues. If your loved one has been the victim of neglect at a long-term care facility, here’s how the act could affect your case regarding nursing home liability.

How Would H.R. 1215 Affect the Claims Process?

Under H.R. 1215, certain victims of medical malpractice or nursing home abuse would have to follow new federal regulations when filing a claim. Instead of seeking justice for the damages they incurred in court, those who rely on federal benefits for health care would have to follow strict procedures to pursue compensation. For example, they would have to file their claim within a much shorter period because the new statute of limitations would be fairly restrictive. Their right to contract with their own legal counsel regarding the attorney fees would also be limited.

How Would H.R. 1215 Affect Nursing Home Liability?

If passed, H.R. 1215 would inhibit patients from suing a nursing home or provider—in addition to a pharmaceutical company over damages incurred by taking a specific drug—even if the facility or provider was negligent when administering the medication. This would effectively limit how much the plaintiff could ultimately recover in damages because, instead of naming multiple parties in a suit, they could only name one. Even if nursing home liability does exist for certain injuries, there would be a $250,000 cap on noneconomic damages.

If you think your loved one has been the victim of nursing home abuse and you want to know how local or federal laws could affect the case, turn to Reed Law Offices PC, LLC. You can learn more about their experience proving nursing home liability by visiting their website. To schedule an initial consultation in Omaha, NE, call (402) 933-0588 today.