Thursday, September 5, 1996

Angry nursing home advocates, Democrats seek Bush's help

By PEGGY FIKAC
Associated Press

AUSTIN - Advocates for nursing home residents want Gov. George W. Bush to take a lead role in strengthening nursing home regulations, saying he broke a campaign vow by signing a 1995 law that weakened residents' protection.

The advocates, at a news conference organized by the group 21st Century Democrats, said the Republican governor broke a campaign promise to "provide for the safety and security of long-term nursing patients, especially the children in these homes."

"He broke his word, and we do not forgive him for that. We intend to stay on his case," said Marie B. Wisdom of Austin, president of Advocates for Nursing Home Reform.

She and others said Wednesday they will fight for stronger regulations in the 1997 legislative session.

The 1995 state law invalidates state nursing home law that is different than federal law, said Jason Stanford of the 21st Century Democrats.

He said that means, for example, that since there is no federal law on children in nursing homes, they are unprotected. But state Department of Human Services spokesman Mike Jones said the state interpretation in that case is that since there are no federal rules, Texas law regarding children can continue to be enforced.

Democratic Attorney General Dan Morales also has criticized the nursing home law, saying it eliminated crucial protection for the elderly.

The DHS board has not yet adopted rules to implement the new law.

Her voice breaking, Ms. Wisdom said that when her mother died last month in a nursing home, she had pressure sores. Ms. Wisdom said such sores can occur when nursing home residents are allowed to sit "wet and dirty," which she attributed to inadequate nursing home staffing.

"We want justice for our people in Texas nursing homes to be free of sores, free of having their dignity robbed," she said. "We're asking Gov. Bush and the Texas Legislature to make it happen."

Beth Ferris of Dallas, vice president of Texas Advocates for Nursing Home Residents, said they want Bush to work with them "to get some changes made so that the people in the nursing homes will have better care."

Bush's spokeswoman, Karen Hughes, said the law signed by Bush was approved unanimously by Republican and Democratic lawmakers in an effort to eliminate duplication and inconsistency between state and federal rules.

"The legislation is still being studied by the Department of Human Services and has not been implemented, therefore cannot have had a positive or negative effect on anyone. The bill's sponsor has acknowledged that some aspects of the complex legislation may need to be changed," she said.

"Gov. Bush welcomes all constructive suggestions and looks forward to working with legislative leaders in a bipartisan spirit of cooperation to make any changes," she said.

Ms. Ferris said her group also is starting a letter-writing campaign to urge the governor to re-appoint Bob Geyer to the DHS board.

Geyer, who uses a wheelchair and was briefly in a nursing home due to a spinal cord injury, was key in the DHS board's decision not to adopt new rules following the 1995 law, the Democrats' Stanford said.

Geyer, in a telephone interview from El Paso, said that until the board acts, nursing homes should follow the older, more stringent state rules.

"At this time, the board does not intend to act on those, and we're hoping that (the law) will be revised during the next session," he said.

Geyer was originally named to the board by former Democratic Gov. Ann Richards. Ms. Hughes said Bush would consider his qualifications along with other applicants.

Stanford, who said Bush has received $46,540 in political contributions from nursing home interests, said, "Mr. Bush's decision on Bob Geyer's reappointment is as important as was his decision to sign the Republican-sponsored nursing home bill."

While criticizing Bush, Stanford and the advocates said the bill's sponsor, Rep. Harvey Hilderbran, R-Kerrville, should be praised for meeting with different groups to work on possible legislative changes.

"He deserves a big pat on the back for being inclusive," Stanford said.

Katherine Hinson of the Texas Health Care Association, which represents nursing homes, said the group agrees some areas of the law need clarification, such as to ensure the existence of children-specific rules.

"We are interested in working with the groups and with the attorney general ... to make sure that services are protected for the elderly and that the elderly are receiving the best care possible," she said.