The American College of Health Care Administrators says “nursing home administrators should be supported, not punished,” regarding new strict liability law submitted in several states.
ACHCA confirmed their position in a recent statement that while they “support a system of holding nursing homes accountable and responsible for the safety and quality of life of those in their charge and care,” they do not support “the concept of strict liability for the individual nursing home administrator.”
The statement goes on to defend nursing home administrators further, who could be held criminally liable for mistakes made by their staff if a law submitted by several states imposing such liability is passed.
ACHCA explains that nursing home administrators are already well-regulated by a combination of state and federal requirements and they “do not believe any additional liability should be imposed on these professionals.”
The association is speaking out against the proposed law, arguing that nursing home administrators are “the CEO of the building” and are not responsible for the “daily management of the facility and all its departments” or for “providing direct care or medical services to the residents and patients in their care.”
The position statement reminds states considering passing the strict liability law that “Nursing home administrators are motivated by a desire to serve and to help those in need. They are a special kind of person in that they have compassion and selflessness in the service of others. While they are a different kind of business person, they are in the end, business people.”
ACHCA predicts that if the strict liability law is passed,a standard that no other similar professional is held to at such a high level of personal liability, it “will create a crisis in the delivery of lone-term care.”
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