Article from:
Lawyers USA
Article date:
March 3, 2009
A federal rule change slipped into effect in the waning days of the Bush administration could cripple nursing home malpractice litigation.
The rule change (45 CFR part 2) classifies state nursing home inspectors and Medicare and Medicaid contractors as federal Health and Human Services employees, and allows them to testify in third- party lawsuits only with the approval of the federal agency's head.
The change was issued last September, but began attracting the attention of plaintiffs' lawyers in November when state health departments started refusing to comply with requests for documents and depositions.
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