Our Public Advocacy

 

Improved Safety Measures

Our Lawyers Teach Other Lawyers

Engagement with Advocacy Groups

 

Legislation and Public Policy

(continued from Improved Safety Measures)

In an effort to extend the protections of the “Dorothy System” to all nursing home residents in the state of Texas, Marks Balette and Giessel worked closely with the Human Services Committee of the Texas House of Representatives, 76th Legislative Session in helping author House Bill 3386.  The bill was an outgrowth of Dorothy Cooper’s tragedy.  Marks, Ballette and Giessel assisted in drafting legislation to correct a problem in the regulatory system that contributed to the victimization of Dorothy Cooper.

Under House Bill 3386, the Department of Human Services will be required to check criminal histories by name and by social security number.  In addition, the Department of Human Services will maintain a registry of all known abusers of nursing home residents.  A separate registry of patient abusers has been proposed which maintains abuse and neglect histories for all health providers.  House Bill 3386 also requires that all criminal history checks be submitted in type written form to avoid any legibility questions and typographical errors.

During the 75th Legislative session, our firm was actively involved in the passage of House Bill 413 and Senate Bill 190.  The bills were sponsored by State Representative Harvey Hilderbran, District 53, during the 75th Legislative session.  Prior to the passage of these bills, there was controversy within the judiciary regarding the admissibility of the results of nursing home investigations and surveys conducted by the Texas Department of Human Services.  Lawyers for injured residents sought to admit the results of these investigations, along with the surveys, to show the nursing home's knowledge of dangerous conditions identified by the State in its reports.  These bills clarified the intent of the legislature to allow the results of the investigations and surveys into evidence. They also clarified the obligation of nursing homes to comply with state regulations governing the facilities.

David Marks, our firm’s founder, has been involved in legislative efforts to correct inadequate enforcement of nursing home standards by federal and state regulators for more than 20 years.  In February 1983, he first appeared before the Senate Special Committee on Aging to testify about widespread neglect, abuse and preventable deaths in nursing homes.  He also served as a member of the National Academy of Science, Institute of Medicine, Subcommittee on Nursing Home Regulation and Enforcement.

Testimony of David Marks: Hearing before Legislative Committee on Health and Human Services,
August 21, 1996

 

Testimony of David Marks: Hearing before Legislative Committee Human Services, April 6, 1999

Ken Connor has, likewise, been involved in legislative efforts to protect nursing home residents from abuse and neglect.  He has testified on multiple occasions before House and Senate committees of the United States Congress and before the Florida Legislature about the need to protect nursing home residents from abuse and neglect. Ken served as a member of Florida’s Task Force on the Availability and Affordability of Long Term Care, where he fought to increase protections for nursing home residents.  In recognition of his efforts to improve quality of care in the long term care arena, Florida Governor Jeb Bush appointed Ken to serve as a Delegate to the White House Conference on Aging, a decennial event whose purpose is to make aging policy recommendations to the President and Congress and to assist the public and private sectors in promoting the dignity, health, independence and economic security of older persons.  Governor Bush also selected Ken to represent him in the Terry Schiavo case one, of the most highly publicized disability rights case in the country.  Ken has fought to protect other vulnerable members of society by serving as a member of the Governor’s Constituency for Children (appointed by Florida Governor, Bob Martinez), and the Governor’s Partnership for Adoption (appointed by Florida Governor, Lawton Chiles).  Ken has also served as a member of Florida’s Constitution Revision Commission, where he was recognized as the Most Effective in Debate, and as Chair of the State of Florida Commission on Ethics.
           
Testimony of Ken Connor,  before the Senate Subcommittee on Antitrust, Competition and Consumer Rights and the Special Committee on Aging, regarding the Fairness in Nursing Home Arbitration Act, on June 18, 2008.

Testimony of Ken Connor before the House Subcommittee on Commercial and Administrative Law, regarding the “Fairness in Nursing Home Arbritration Act of 2008” on June 10, 2008. Webcast Testimony of Ken Connor

Testimony of Ken Connor before the House Subcommittee on Commercial and Administrative Law, regarding the “Fairness in Nursing Home Arbritration Act of 2007” on October 25, 2007. Webcast Testimony of Ken Connor
 
Testimony of Ken Connor before the Senate Special Committee on Aging, regarding “Shattering the Silence, Confronting the Perils of Family Elder Abuse.”

At Marks Balette and Giessel, our concern for public health and safety and the protection of  the most  vulnerable members of our society means being actively involved in the arenas that shape law and public policy.