When the government assumes the responsibilities of various businesses including hospitals and nursing homes, they are undertaking the same obligations that private and public businesses undertake. Government immunity may apply to responsibilities that are solely held with government obligations including policing and public safety, governing populations through legislature and other tasks that neither public nor private business can perform. When the government is functioning in a business capacity by operating a nursing home, they are joining the market competition of recruiting patients, generating profits and losses and receiving payments for patient care as other private nursing homes. When the government joins the nursing home market, they are held to the same responsibilities and liabilities of private nursing homes including negligence claims. If workers are neglecting patients in government owned nursing homes, they are to be held liable and not protected under government immunity.
When acts including negligence directly attributes to the wrongful death of a patient, the government owned nursing home would be held liable. In Indiana, IN Code 34-23-1, defines wrongful death as a situation in which "the death of …show more content…
When a nursing home files claims for payment to Medicaid and/or Medicare, they are held to requirements seen under 42 U.S.C. §1396r – Requirement for Nursing Facilities. The plaintiff’s estate claims that the nursing home operated by Kane’s Center failed to provide proper care resulting in decubitus ulcers leading to sepsis infection and death. The statute was created to ensure patients in nursing homes regardless of public or private status provide services that promote a healthy quality of life and improvement in overall care. In exchange for providing quality care to patients, the nursing home is able to file Medicare/Medicaid
When acts including negligence directly attributes to the wrongful death of a patient, the government owned nursing home would be held liable. In Indiana, IN Code 34-23-1, defines wrongful death as a situation in which "the death of …show more content…
When a nursing home files claims for payment to Medicaid and/or Medicare, they are held to requirements seen under 42 U.S.C. §1396r – Requirement for Nursing Facilities. The plaintiff’s estate claims that the nursing home operated by Kane’s Center failed to provide proper care resulting in decubitus ulcers leading to sepsis infection and death. The statute was created to ensure patients in nursing homes regardless of public or private status provide services that promote a healthy quality of life and improvement in overall care. In exchange for providing quality care to patients, the nursing home is able to file Medicare/Medicaid