Who's
behind
Freedom
Clearinghouse?
What you need to know about . . .
Nurse Practice Acts
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Q from a state organizer:
In our state, we have talked about how to combat the opposition to
changing the law. Nursing folks have big concerns about malpractice insurance
. . .
Response: Ay, there's the rub! We dealt with that in New York, as I suppose they
also did in Massachusetts when they got
their direct-pay option set up. It occurred to me four years ago, as we
were trying to get our law changed here, that the whole medical-model
of "home care" is based on liability -- and how to ensure that nobody
gets fired or sued.
Consumer directed personal assistance comes with the caveat that the
consumer must take full responsibility for hiring, training, supervising,
evaluating, and if necessary, disciplining and terminating.
The presumption is that if you are in control, then you assume all liability.
If you are injured by your aide's incorrect handling, then you did not
teach the aide to perform the task to your satisfaction. If you keep somebody
on who has a tendency to show disrespect or disregard, then one day he
doesn't show up anymore, there's nobody you can complain to -- because
you took the risk of not replacing this person at the first sign of trouble.
When the Concepts in Independence folks from New York City were trying
to help us change the law five years ago and get the service expanded
upstate, they told us then that in the fifteen years they had been in
business, only one lawsuit had been brought against them, and it was thrown
out -- because the consumer agrees to assume liability as a condition
of enrollment.
Right now, we have consumer-controlled attendant services in Albany.
I use it. My enrollment documents state clearly that I am responsible
if anything within my control goes wrong. It lists what I am required
to do. The list is short and reasonable.
Have your state legislators look up Chapter 81 of the Laws of New York
of 1995. These are the amendments to the Nurse Practices Act establishing
consumer-directed personal assistance services in every county.
Michael Volkman, Albany, NY
Read more about disability activists' fight against nurse practice acts.
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