Category

Nursing Homes

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

Unnatural Disaster: Seniors Hit Hardest in Floods and Fires

By | BLOG, Health Care, Medicaid, Medicare, Nursing Homes | No Comments
The heartbreaking stories from our recent spate of natural disasters just keep coming. The hurricanes in Houston, Florida and Puerto Rico; the wildfires in Northern California. Stories of destruction, panic, fear and – sadly – death. And there is one disturbing through line: the victims of these disasters, especially those who lose their lives, are overwhelmingly older adults. Read More

Why Many Nursing Facilities are Not Ready for Emergency Situations

By | Health Care, ISSUE BRIEF, Nursing Homes, REPORTS | No Comments

As Hurricanes Harvey, Irma, and Marie have shown us, nursing facility residents can be particularly at risk during natural disasters. The hurricanes resulted in death and injury in nursing facilities across the region, including 12 deaths in one Florida facility.

Justice in Aging created an issue brief, Why Many Nursing Facilities are Not Ready for Emergency Situations, which discusses existing federal and state law, and makes seven recommendations to address gaps in current law.

As the brief outlines, these deaths and injuries could have been prevented through advance planning and emergency preparedness.

Read the Brief

Beneficiary Groups Concerned CMS’ Nursing Home Guidance Could Lower Penalties

By | IN THE NEWS, Nursing Homes | No Comments

Inside Health Policy: Beneficiary Groups Concerned CMS’ Nursing Home Guidance Could Lower Penalties [Article unavailable online] (8/23/17) New nursing home guidance issued by CMS in July includes two major penalty exceptions that concern beneficiary advocates. The exceptions sanction per-instance, instead of per-day, penalties for facilities with good compliance histories and situations where a single isolated incident causes harm to a resident. According to Justice in Aging’s Eric Carlson, per-day penalties provide erring nursing home with incentive to correct compliance issues and reduce noncompliance issues. He expects that nursing homes, under the new guidance, will face more per-instance penalties, instead of large, accumulating per-day penalties. “I’ve certainly seen situations in the past where a facility is willing to pay the penalty as a fee for doing business,” Carlson said.

California Lawsuit Aims To Protect Spouses Of Disabled From Financial Ruin

By | CA Health Network Alert, IN THE NEWS, In-Home Supportive Services, Long Term Care, Medicaid, Nursing Homes | No Comments

California Healthline: California Lawsuit Aims To Protect Spouses Of Disabled From Financial Ruin (7/10/2017) Justice in Aging, along with partner advocacy groups, filed a lawsuit against the State of California for failing to implement a Medicaid federal spousal impoverishment law meant to protect patients and their partners from becoming impoverished while paying for in-home care. Plaintiffs seek to compel the State of California to implement the law back to January 1, 2014, to notify individuals who potentially were eligible for the protections of their rights, and to reimburse them for any out-of-pocket expenses they paid that should have been free.

As Demand for At-Home Care Grows, States Debate How to Pay for It

By | Home & Community Based Services, IN THE NEWS, Long Term Care, Medicaid, Nursing Homes | No Comments

Governing.com: As Demand for At-Home Care Grows, States Debate How to Pay for It (7/2017) Justice in Aging’s Kevin Prindiville discusses the increasing funding need for at home and in-community-based programs as older Americans opt to stay home. “The trend is shifting at every level to care at home and in community-based settings. People are increasingly asking for and expecting this.”

The Republican Health Care Bill is Bad News for Your Grandparents. And Your Parents. And You.

By | Affordable Care Act, BLOG, Health Care Defense, Medicaid, Medicare, Nursing Homes | No Comments
Who needs Medicaid? Probably someone you know. Medicaid is the backstop government program that provides coverage when someone can’t afford necessary health care. Historically, Medicaid coverage focused on children, older adults, and persons with disabilities, although 2010’s Affordable Care Act expanded Medicaid coverage to some low-income adults without disabilities. The Better Care Reconciliation Act, which Senate Republicans just released, not only aims to take away the expanded coverage, but also makes deep cuts to the core Medicaid program that inevitably will lead to health care rationing. Read More

Nursing homes turn to eviction to drop difficult patients

By | IN THE NEWS, Nursing Homes | No Comments

Associated Press: Nursing homes turn to eviction to drop difficult patients (5/08/2016) Rates of nursing home evictions are increasing, despite the decline in the number of nursing homes and nursing home residents in the U.S. Resident advocates argue that evictions, or involuntary transfers, are carried out without proper justification and target residents who are poor and suffering from dementia. Nursing homes that have no legal cause for eviction sometimes “try and take the easy way out and refuse to let the person back in (from hospitalization),” said Justice in Aging’s Attorney Eric Carlson.

Advancing Health Equity for Older Adults

By | Affordable Care Act, BLOG, Health Care, Health Disparities, HOMEPAGE, Language Access, LGBT, Medicaid, Medicare, Nursing Homes | No Comments
When John’s partner, Jack, moved into a nursing facility, the staff, who were uncomfortable assisting a gay man, let 16 days pass before helping him take a shower. “He was finally taken in for a shower by a staff member with empathy,” John shared. Afraid of future neglect and discrimination, John began checking Jack out of the nursing facility and bringing him home to their apartment to help Jack shower and shave.

John should not have to worry about a nursing facility neglecting Jack due to his sexual orientation. As an 83 year-old caregiver, John should not face the additional burden of replacing Jack’s neglected care. Read More

Five Steps to Resolving Common Nursing Home Problems

By | BLOG, Health Care, HOMEPAGE, Nursing Homes | No Comments
By popular demand, we’ve updated and re-released 20 Common Nursing Home Problems—and How to Resolve Them. This guide discusses some of the most common—and most problematic—nursing home practices, and explains what residents and family members can do to fight back. Here’s a sneak-peek summary of how you can empower yourself to resolve these common problems. Read More