Bush's Last-Minute Gift to Crappy Nursing Homes

| Tue Feb. 24, 2009 10:45 AM EST

That Bush-Cheney legacy is going to be a mean one for years. And there's likely to de a drip-drip-drip disclosure of all the damage done. For instance, on Tuesday there was news that the Bush administration screwed nursing homes residents. Bloomberg reports:

The Bush administration shut off a source of information last fall about abuse and neglect in long- term care facilities that people suing nursing homes consider crucial to their cases.

The change that affects the $144 billion nursing-home industry occurred with no public notice or attention, perhaps because of the array of last-minute rules that President George W. Bush’s appointees rushed out before leaving Washington last month.

“This is pretty stunning,” said Mark Kosieradzki, a plaintiff attorney in Plymouth, Minnesota. “Nobody was told. It was just done.”

The rule designates state inspectors and Medicare and Medicaid contractors as federal employees, a group usually shielded from providing evidence for either side in private litigation.

The restrictions affect about 16,000 nursing facilities in the U.S. and 3 million residents. The practical effect is to force litigants to go to greater lengths, including seeking court orders, to get inspection reports or depositions for cases they are pursuing or defending.

Wonder who asked for this rule change? Could it have been...the nursing home industry? This was truly a harsh move, making it harder for abused nursing home residents to gather information on the institutions in which they live. Big hat tip to Bloomberg for a fine piece of investigative reporting that uncovered a telling example of the Bush administration's compassionate conservatism.