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Wednesday, September 10, 2008


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Thomas Sharon, R.N., M.P.H

Government records show that there are ten common mishaps occurring due to negligence to 25% of all nursing home residents across America:

Physical abuse
Sexual abuse
Skin breakdown
Over-filling of stomach and aspiration
Blood clots in the leg.
The common injuries from those mishaps are:

· Head trauma with brain hemorrhage

· Fractures of the hips, spine, limbs and ribs

· Large multiple pressure ulcers with exposure of muscle and bone; with infection and gangrene

· Aspiration pneumonia

· Pulmonary emboli

· Death


PS I know you've already addressed the Supreme Court's view on the validity of the interstate commerce claim, but I'm wondering why someone in the DoJ would use this as an argument. After all, wouldn't they know the Supreme Court rulings related to the FAA, intimately, before sending such a missive to Congress?

Wait a sec...what am I saying...

Never mind.


I'm not a lawyer, nor expert, but does it seem like the DoJ is setting this issue up for a Supreme Court challenge? Not just legislation related to nursing homes, but all legislation about limiting BMA agreements?

Also, and again, I am not knowledgeable on such things, but if the legislation has no power to legislate nursing homes because it exceeds Congressional scope under interstate commerce, wouldn't the same be said for the FAA, itself? I mean, if one part is invalid, wouldn't all parts be invalid?


The spending power point is well taken, in the sense that there is much federal regulation of nursing homes tied to federal purse strings. But I don't think that the act in question ties abrogation of arbitration to the federal purse strings. So, I don't think the spending power would be a basis for upholding THIS legislation. In any event, there is obviously commerce power here, and that is the end of the matter.

Donna Lenhoff

The other shocking thing about DOJ's argument is that it pretends that no other basis for Congress to assert jurisdiction exists. In fact, nursing home practices are EXTENSIVELY regulated by federal law under Congress's Spending Power (as a condition of the nursing homes receiving Medicare and to a lesser extent, Medicaid, funding).

timothy moriarty

they can receive medical treatment because the nursing homes WANT their patients to be able to get more money if the nursing home mistreats them. Mr. Nelson’s assertions on this point are actually contradicted by the nursing home industry itself

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Linda Etherson

Will someone please explain to me how an elected official can assume to have the right to strip any American citizen of his/her constitutional rights, simply because he/she is ill and elderly?

What say ye?

Linda Etherson, Knoxville, TN.


We need to surgically separate corporate america from the american govt. Until that happens, this country will become more backward, corrupt, and disgusting, and more of a laughingstock to other developed countries. Someone once said we're "the richest third world country in the world." I agree. Stripping constitutional rights from citizens is taking a huge step toward being a third world country.

J. M. Broersma

Having helplessly watched as a family member parished from gross neglect while being trusted to a Nursing Home and it's resident doctor, I find this to be an enabling stance for the continuance of neglegent behavior. I do agree that our most vunerable of Americans deserve to be treated as the founders, this Nations stable force in days gone by. I believe their values in the struggles of their lives should be well respected into their grave.

I hope that public out cry causes a change of heart, it starts in the mind.


The more frightening thing is that these senior DOJ officials go on later in life to become our judicial nominees.


I agree that nursing homes are in interstate commerce. But what case or cases stand for the proposition that if a consumer previously lived in state #1, moves to state #2, and enters into a transaction in state #2 with a local state #2 business, that transaction is one conducted in interstate commerce? I've never heard that. Please supply the authority for that. Thanks.

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