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Solving Problems in Long Term Care |
Hot Topics Campaign Files a "Friend of the Court" Brief in Federal Court Case Challenging the Federal Regulation that Permits States to Authorize the Use of Staff with Only Limited Training to Feed Nursing Home Residents. In the fall of 2004, the Campaign voted to serve as a plaintiff in the federal court challenge to the new rule that permits states to authorize the use of feeding assistants in nursing homes. Feeding assistants have less training than nursing assistants. Previously, only nurses or nursing assistants were permitted to assist residents with feeding cause feeding a resident with complex needs or difficult behaviors can require training and judgment. The suit, Resident Councils of Washington, et al. v. Tommy G. Thompson, Secretary of the U.S, Dept. Of Health and Human Services, alleges that permitting feeding assistants to help feed residents violates the federal Nursing Home Reform Law which requires all nursing functions to be performed by nurses or nursing assistants. Like the other plaintiffs, who include Washington and Michigan nursing home residents and the Washington State Ombudsman, we fear that permitting feeding assistants will lower the quality of staff caring for residents and put residents at risk. However, the court decided that the Michigan Campaign for Quality Care did not have standing to participate in the court as a plaintiff because we do not have a statewide feeding assistant program in the state. Although we were not permitted to remain a plaintiff, we did join a "friend of the court" brief in the case. Many other organizations, including the National Citizens Coalition for Nursing Home Reform, the New York Nurses’ Association, and other groups joined the brief. Meanwhile, Michigan started a 6 month pilot project last summer in a small number of for profit, not for profit, and county nursing homes to test the feeding assistant concept. Researchers from Michigan State University will assess whether residents benefit from the presence of feeding assistants and the state will then determine whether to allow nursing homes across the state to use feeding assistants. A report is expected this summer. We will keep you posted both about the progress of the lawsuit and the Michigan pilot project.
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