Lawmakers blast ‘no lift’ policies in assisted living after veteran’s death

'Larry's Law' would prevent 'no lift' policies in MN

Minnesota lawmakers are working to reform policies at assisted living facilities by preventing "no lift" procedures from being practiced. FOX 9 Investigators have the full story with Nathan O'Neal.   

ST. PAUL, Minn. (FOX 9) - Minnesota lawmakers heard emotional testimony as they considered a new bill that would reform how assisted living facilities handle emergencies, including when an elderly resident falls. 

READ MORE: Senior living facilities ‘no lift’ policies could be banned by state laws

‘We could watch him breathe and then die’

Why you should care:

Speaking to legislators at the Minnesota State Capitol Wednesday, Adrienne Sloan explained how staff at Meadow Ridge Senior Living in Golden Valley "watched idly" instead of helping her father after he slowly fell off his electric scooter and died last year. 

"In the video surveillance, we could watch him breathe and then die," Sloan said. She urged lawmakers to pass a bill inspired by her father so that "nobody has to go through this tragic death like I did." 

Senior living neglect death: Why did no one help? 

An elderly resident died at Meadow Ridge Senior Living in Golden Valley after he slowly fell off his electric scooter and suffocated with his neck pinned against the wall, according to an investigation by the Minnesota Department of Health.

Larry Thompson, 79, died from positional asphyxiation after he was trapped with his neck against the wall. He was a grandfather and Vietnam veteran.

"He did not die peacefully. He died knowing he was suffocating," Sloan previously told the FOX 9 Investigators. "There was zero effort to save him." 

Meadow Ridge, which has repeatedly declined to comment, was cited for neglect and fined $5,000. The Minnesota Department of Health criticized the facility’s fall policy, which instructed workers to call 911 and to not touch a resident after a fall. 

What they're saying:

Rep. Ginny Klevorn (DFL - Plymouth) is sponsoring the House bill, which would effectively prevent "no lift" policies at assisted living facilities and require someone with emergency response training be on site 24/7. 

"The reason I really wanted to carry this bill is the expectation of the general public is that when the word ‘assisted living’ is used, that their family members will in fact receive assistance," Klevorn testified on Wednesday. 

A companion bill is sponsored by Senator Jim Abeler (R - Anoka). 

The legislation would be named Larry’s Law.

"It seems out of my mind that we have to tell people to pick up somebody who has fallen down, it just seems like that’s something we never should have to tell anybody – and yet we do," Abeler told the FOX 9 Investigators in a recent interview. 

The other side:

The Long Term Care Imperative, which represents industry organizations, pushed back against the bill during Wednesday’s committee hearing. 

"We are unsure if facilities would be able to meet this requirement, and we’re not sure if the workforce exists to meet that," Kyle Berndt told lawmakers on behalf of the Long Term Care Imperative. 

Excessive non-emergency 911 calls ‘a strain’ on first responders 

Dig deeper:

The FOX 9 Investigators reviewed health records, dispatch data and public testimonies, which reveal "no touch" or "no lift" policies are common at assisted living facilities in Minnesota and across the country. 

"It’s not a good policy," said Minnesota’s long-term care Ombudsman Cheryl Hennan. 

A coalition of advocates for the elderly, including the AARP, are supporting the bill, saying "calling 911 should not be the first step if a resident does fall."

What's next:

The pair of bills have been presented to committees in both chambers. However, a vote on the measure has not yet been scheduled. 

We want to hear from you: If you or a loved one lives in assisted living – ask to see your facility’s fall policy in writing and send it to us at FOX9investigators@fox.com