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Posted on: Nov 14, 2023

The Iowa Citizen Action Network recently hosted an important panel discussion that tackled pertinent safety issues within Iowa's nursing home industry. Key figures, including Dean Lerner, Clark Kauffman, John Hale, Sen. Claire Celsi, Sue Dinsdale, and moderator Savannah Hinze, provided insights into challenges faced by nursing home residents and caregivers in the state.

Clark Kauffman's Revelations
Investigative reporter Clark Kauffman presented findings that revealed concerning conditions in some Iowa nursing homes. Even facilities marketing themselves as "premier health care facilities" faced piles of regulatory violations. Ivy at Davenport, for instance, showed a range of issues from medication errors and staff shortages to unsanitary conditions, rodent infestations, and illicit drug use. Pine Acres in West Des Moines, previously without a poor safety record, accumulated 62 citations within a matter of weeks, this happened after being acquired by a New York hedge fund.

Dean Lerner's Insights on Ownership
Dean Lerner, former director of the Department of Inspections and Appeals, shared that Iowa's nursing home landscape is primarily composed of 230 for-profit homes, 179 not-for-profit homes, and 12 government-run homes. 

John Hale Advocates for Staffing Minimums
Advocate John Hale drew attention to a recent Biden administration recommendation on staffing minimums in nursing homes. The recommendation proposes 2.45 hours of care from a nurse aide daily, along with at least 33 minutes of care from a registered nurse. Hale considers this recommendation inadequate, but a necessary starting point.

Forced Arbitration
Clark Kauffman and Dean Lerner explained that there are major barriers for Iowans to hold these nursing homes accountable in civil court. For starters, upon moving in, residents at most Iowa homes are asked to sign away their right to trial by jury with what is called a mandatory arbitration agreement. With these agreements, residents are unknowingly agreeing that they will not sue the nursing home in open court, but will settle disputes in a hidden process with a nursing-home-selected arbiter serving as judge and jury. Lerner describes these agreements as "terrible," and harmful to residents. To pile on top of these unconstitutional agreements, the legislature recently passed a bill that would force a cap the value of a nursing home resident's life in a lawsuit, which minimizes the accountability of the entire industry. 

Tip for Iowa Families
Clark Kauffman strongly recommends that families request the recent meeting minutes from resident council meetings. These meetings are a forum for the existing residents to air grievances, and it can be enlightening for families considering that facility for care. 

Conclusion
The Iowa Citizen Action Network's panel discussion shed light on critical issues within the state's nursing home industry. From substandard living conditions to the influence of profit motives on care quality, these revelations continue to demand attention. 

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