Read the AARP letter sent to Gov. John Bel Edwards:

The Honorable John Bel Edwards Governor State of Louisiana Baton Rouge, Louisiana 70802

Dear Governor Edwards:

AARP Louisiana, on behalf of our 477,000 members and all older Louisianans, is sharing our strong opposition to grant immunity related to COVID-19 for nursing homes, assisted living facilities, and other long-term care (LTC) facilities. AARP has long fought for the rights of residents in nursing homes and other residential care facilities and to ensure their health, safety, quality of care, and quality of life. This includes the right of residents and their families to seek legal redress through the courts to hold facilities accountable when residents are harmed, neglected, or abused.

Nursing homes and other LTC facilities play an important role in America’s long-term services and supports (LTSS) system. In Louisiana, there are 277 nursing homes and over 26,000 residents in those facilities. During this time of pandemic, nursing homes and other residential care facilities face unprecedented challenges, and tragically, 40% of all deaths related to COVID-19 have occurred in a nursing home. Given the lack of reporting of cases and deaths, as well as testing, we assume this number is a significant undercount. Without increased protective equipment, testing, and treatment protocols, millions more will contract the coronavirus and thousands more people could die nationwide. While there may be some circumstances beyond facilities’ control for which they should not be held responsible, it is essential that long-term care providers, as well as health care providers more broadly, remain responsible for any negligent actions to ensure long-term care residents have some protection and opportunity for redress.

Given that most inspections of nursing homes have been suspended, family in-person visits are effectively prohibited except in limited circumstances, and in-person long-term care Ombudsman visits are similarly restricted, there are fewer eyes observing what is happening in facilities. Residents of nursing homes and other LTC facilities may be unable to advocate for themselves and now have limited access to people who can advocate on their behalf. This lack of oversight is alarming, and requires us to ensure that, when all else fails, residents and their families will still have access to the courts to seek redress.

Pursuing a nursing home neglect or abuse case in court is not easy to do. No family member who has lost a loved one due to neglect or abuse pursues this course of action lightly. It is always an option of last resort, but it must remain an option.

Louisiana should not strip away the rights and protections of residents through legislation or Executive Order. Nursing homes and other LTC facilities should know they will continue to be held responsible for providing the level of quality care that is required of them, and for which they are being compensated. This also incentivizes facilities to self-correct by addressing problems to improve care.

AARP Louisiana appreciates your consideration of these views and urges you to not issue an Executive Order or pursue legislation to grant immunity to nursing home or long term care facilities. Families all across Louisiana are looking to you to protect the health and safety of their loved ones living in nursing homes and other residential care facilities.

AARP Louisiana appreciates your consideration of these views and urges you to not issue an Executive Order or pursue legislation to grant immunity to nursing home or long term care facilities. Families all across Louisiana are looking to you to protect the health and safety of their loved ones living in nursing homes and other residential care facilities.

If you have questions, please feel free to contact Denise Bottcher at dbottcher@aarp.org or 225-368-6120

Load comments