Category

ASSISTED LIVING

WEBINAR: Defending Evictions from Nursing Homes and Assisted Living Facilities

By | ASSISTED LIVING, NCLER, Nursing Homes, WEBINAR | No Comments

When: Wednesday, December 6th, at 11:00 a.m. PT/2:00 p.m. ET.

Far too frequently, residents of nursing homes and assisted living facilities are threatened with improper evictions. Sometimes the facility alleges that it cannot meet the resident’s needs, even though the facility is legally obligated to provide the required care. Sometimes evictions are based improperly on discrimination against Medicaid-eligible residents. Unfortunately, because many residents and their family members may be unaware of their rights, they often fall victim to these and other illegal practices.

This webinar will cover both the federal Nursing Home Reform Law and an overview of common state-law assisted living standards. Topics will include:

  • When eviction is permitted;
  • Notice requirements;
  • Strategies for hearings and trials;
  • Advocacy tips for common situations;
  • Protections for Medicaid-eligible residents; and
  • Forthcoming state protections as required by federal HCBS regulations.

Closed captioning will be available on this webinar. A link with access to the captions will be shared through GoToWebinar’s chat box shortly before the webinar start time.

Presenter:

  • Eric Carlson, Justice in Aging

The webinar will take place on Wednesday, December 6th, 2017 at 11:00 a.m. PT/2:00 p.m. ET.

REGISTER HERE

WEBINAR: Progress and Challenges in CA Assisted Living

By | ASSISTED LIVING, WEBINAR | No Comments
When: Wednesday, May 25 at 11:00 a.m. PT/2:00 p.m. ET

Though the Residential Care Facility for the Elderly (RCFE) Reform Act of 2014 made multiple improvements to California’s assisted living system, assisted living in California remains hampered by out-of-date statutory provisions and an extremely limited Medicaid waiver program.

This webinar provided aging advocates and providers with an update on California’s recent assisted living progress and a background on the state’s ongoing challenges. Among other things, the webinar explored California’s assisted living Medicaid waiver, other funding mechanisms, challenges in integrating health care expertise into assisted living, and improvements to on-line access and monitoring.

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WEBINAR: Assisted Living: State Strategies for Meeting Residents’ Health Care Needs

By | ASSISTED LIVING, WEBINAR | No Comments
When: Thursday, December 17 at 11:00 a.m. PT/2:00 p.m. ET

Across the country, older adults with significant care needs are entering and aging into assisted living facilities. Over a third of assisted living residents receive assistance with three more activities of daily living, and half of all residents have at least two chronic conditions. Over 40% of assisted living residents live with Alzheimer’s disease or other dementias (National Center for Health Statistics, 2014).

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Court Says Medicaid Coverage Gap Must End, Seniors No Longer on the Hook for Thousands in Assisted Living Bills

By | ASSISTED LIVING, BLOG, HOMEPAGE, LITIGATION, Medicaid | No Comments

Ohio’s Medicaid program covered only a portion of the program’s assisted living bills, leaving frail seniors Betty Hilleger and Geraldine Saunders with unexpected sky-high expenses. And they were not alone. Thousands of Ohio’s seniors faced the same coverage gap. They applied for coverage, but faced delays and unreasonable bills even after they were supposed to be covered. Justice in Aging joined with the Cincinnati firm Beckman Weil Shepardson to represent Hilleger and Saunders in a class action suit against the state to eliminate this coverage gap.

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WEBINAR: Just Like Home: The Impact of the Federal HCBS Regulations on Older Adults

By | ASSISTED LIVING, Health Care, Home & Community Based Services, Medicaid, WEBINAR | No Comments
When: Tuesday, June 9 at 2:00 p.m. ET/11:00 a.m. PT

The new federal home and community-based services (HCBS) regulations offer an opportunity for states and stakeholders to improve Medicaid long-term services and supports for older adults.  At the state and national level, the transition process to comply with the regulations is initiating thoughtful discussions about what it means to provide quality, community-based care, in a variety of settings. Read More

How California’s Assisted Living System Falls Short in Addressing Residents’ Health Care Needs

By | Alerts, ASSISTED LIVING, ISSUE BRIEF, Long Term Care, Nursing Homes | No Comments

REPORT - ISSUE BRIEF

The Problem: Can You Spot the Legal Violations in this Job Announcement?

California’s assisted living policy is surprisingly behind-the-times. 30 years ago, the assisted living system was created in California for residents without significant health needs. Today, assisted living residents are much sicker than they used to be, but there’s no solid quality of care standards for the facilities to follow to meet this need within the law. This leaves facilities in the precarious position of trying to meet residents’ health care needs, like for medication administration, sometimes by finagling their own solution like hiring a “med tech” or “med aide” –terms not defined in California law and without state education and testing standards.

Read the full issue brief here, including a quick quiz on the surprising legal violations found in many assisted living job announcements.

How California’s Assisted Living System Falls Short in Addressing Resident’s Health Care Needs

By | ASSISTED LIVING, CA Health Network Alert, ISSUE BRIEF, Long Term Care | No Comments

REPORT - ISSUE BRIEF

The Problem: A False Choice Between Community Living and Access to Health Related Services

“The false choice between the social model and health care expertise contradicts the goal of aging in place: to age with choice and independence, along with access to needed services.”

This policy issue brief, by Justice in Aging attorneys Eric Carlson and Fay Gordon, is the second in a series exploring how California’s current assisted living system addresses residents’ health care needs, and how the system could be modified to better serve residents. The first, Pretending that Medication is Always Self-Administered, focused on how some residents need their medication given to them, but, since the workers are not supposed to be administering medication, they must pretend that the medication was self-administered, a state of affairs that doesn’t serve workers or residents.

This latest brief highlights residents’ expectations for health and social services, and recommends that California reject the false choice between community living and access to health-related services by incorporating appropriate health care expertise into the assisted living model.

How California’s Assisted Living System Falls Short in Addressing Residents’ Health Care Needs

By | ASSISTED LIVING, ISSUE BRIEF, REPORTS | No Comments

REPORT - POLICY BRIEF

Across the country, assisted living facilities now provide services for residents with significant care needs, a noticeable change from 30 years ago when California adopted its quality standards. California developed its regulations on the premise that facilities do not provide, and residents do not need, health care services.

Decades later, this premise has perpetuated an odd work-around for administering medication: “assistance with self-administration.” The fiction of universal self-administration highlights an underlying disconnect within California’s assisted living regulatory system: the failure to adequately acknowledge resident’s health care needs.

This policy issue brief, a first in a series, explores the need to legitimate and regulate the practice of medication administration to protect residents, assisted living communities, and staff.