WHEREAS:

The 1987 Nursing Home Reform Act established a registry of nursing home nurse aides found to have abused or neglected a resident, or misappropriated a resident's property; and

WHEREAS:

Placement on the registry results in termination and prohibition of ally future nursing home employment; and

WHEREAS:

The 1987 Nursing Home Reform Act also provided due process protections to nurse aides charged with abuse or neglect of a resident or misappropriation of a resident's property: a fair investigation, the right to a hearing, and the right to appeal any findings; and

WHEREAS:

The Health Care Financing Administration has not yet issued any regulations defining abuse or neglect of a resident or misappropriation of a resident's property and has not yet issued any regulations defining the minimum due process states must provide to accused nurse aides; and

WHEREAS:

Nursing homes are firing nurse aides upon any accusation of abuse or neglect of a resident or misappropriation of a resident's property and many states have not provided minimum due process protections provided for by law.

THEREFORE, BE IT RESOLVED:

That AFSCME International, councils and locals will provide education to nurse aides and staff representatives on due process rights so that nurse aides and their representatives can demand the due process rights guaranteed them by law; and

BE IT FURTHER RESOLVED:

That AFSCME will fight for legislation and regulations at both the state and federal levels designed to strengthen current due process protections available to nurse aides and for other health care workers; and

BE IT FINALLY RESOLVED:

That AFSCME will ensure that the Nursing Home Reform Act of 1987 is utilized for its intended purpose, to improve patient living and caretaker working conditions, not used to frustrate organizing efforts in nursing homes.

SUBMITTED BY:

Michael D. Murphy, President
Robert W Lyons, Executive Director
AFSCME Council 40
Wisconsin