COLUMBUS — Families who feel their relatives were abused or neglected in Ohio nursing homes could soon find it more difficult to sue the companies that run those homes.

        A bill proposed by Rep. William Seitz, R-Cincinnati, would protect nursing homes from civil lawsuits if an employee fails to follow nursing home policies and causes a death or other injury.

        Nor could families use citations by the state Department of Health for neglect, poor medical care or other issues in a lawsuit under the proposed measure. In addition, information on the home's treatment of other patients couldn't be used in court.

        Glen Dearth, president of Morningview Care Centers, a Columbus-based company that runs seven nursing homes in Ohio, testified in favor of the bill this week before the Civil and Commercial Law Committee.

        Mr. Dearth, who spoke on behalf of the Ohio Health Care Association, said the group would never suggest a person who has been injured by a facility shouldn't be allowed to sue.

        However, he said the threat of huge settlements is driving up insurance costs and limits on lawsuits are desperately needed.

        He said Department of Health citations should be used for regulatory purposes only and “have no business” in a lawsuit. Such records, he said, allow lawyers to paint a facility as a bad home and are inflammatory. Nothing prevents those suing from presenting medical records, witnesses or other evidence in a case, he said.

        Mr. Dearth also favored a part of the bill that says lawyers cannot focus on problems experienced by others in a nursing home.

        “In other states, plaintiffs' lawyers have made a practice of putting the whole facility or the whole company on trial to inflame the passions of the jury,” he said.

        But an advocacy group for seniors opposes the bill.

        “If you see a pattern, you aren't allowed to bring that up,” said Kathy Keller, communication representative for AARP Ohio.

        The bill “protects the very worst facilities,” she said. “This proposal would have the affect of keeping bad providers in business. The facilities most poorly managed would get the most protection.”

        Nursing home associations say they have seen liability insurance rates rise 400 percent or more in Ohio in the last three years as a result of large settlements against homes in California, Texas and Florida. Mr. Dearth said in April 2000 he paid $71 per bed for coverage and his current premium is $360 — a 500 percent increase — for less coverage.

        As a whole, Mr. Dearth said, Ohio's long-term care facilities paid $7 million more in insurance premiums in 2000 than in 1999.

        Mr. Dearth told the committee he's aware people are particularly concerned about a portion of the bill in which a nursing home wouldn't be liable for actions of a staff member. He said nursing homes are upset that they can be punished when they have done all they could to prevent and follow up on problems.

        Still, he said, in light of the strong opposition to that part of the bill the association would be willing to eliminate it if the rest of the bill could pass. Mr. Seitz, too, said this week he is open to amending the bill.

        “The trial lawyers have said they will shut up about the bill,” if the section protecting nursing homes when employees violate policy is taken out, he said. He said the bill will likely be amended Wednesday.

        The bill, which is backed by nearly every House member from the Cincinnati area, would also place a one-year statute of limitations on all lawsuits against long-term facilities.

        Mr. Seitz and other proponents of the measure say that is consistent with statutes limiting lawsuits against hospitals, doctors and other providers. The bill also limits who can bring a lawsuit.

        Any relative or friend of a nursing home resident can sue a facility now. Under the bill, only the resident or his or her legal representative could bring suit.

        Even if passes, however, Mr. Seitz says the legislation may not be able to stop insurance rate increases.

        “I do not think that this bill alone will do that at all. It will help,” Mr. Seitz said.

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