Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Iowa Governor Chet Culver signed a bill in to law this week that removes fines imposed on nursing homes that do not meet minimum health and safety standards, according to the Des Moines Register.

Under the new law, nursing homes would no longer be fined for not having competent, licensed administrators or caregivers in their facilities; not having a qualified nurse on duty, or for understaffing at the facility, one of the leading contributors to resident neglect.

The few fines that can be imposed can be reduced by 35 percent if the nursing home agrees not to formally appeal the state’s findings. Financial penalties for intentionally killing or injuring residents will be doubled, though state regulators say such violations are unlikely.

A spokesman for the governor’s office said the bill was signed to “promote better care by encouraging nursing homes to develop pro-active quality assurance programs and allowing facilities to identify and correct problems right away.”

John Tapscott, an advocate for Iowa seniors said the new law “only proves that our legislative leaders and governor are willing to sell out the most vulnerable of our citizens – the sick and elderly residing in nursing homes – for a few thousand campaign dollars.” The bill was opposed by the Iowa Department of Elder Affairs and the Iowa Department of Inspections and Appeals.

The legislation was supported by the Iowa Healthcare Association, which last year made political contributions totaling nearly $90,000.

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