Category

Nursing Homes

Issue Brief: 10 Year Check-Up: The Affordable Care Act Has Enhanced Access to Quality Health Care for Low-Income Older Adults

By | Health Care, ISSUE BRIEF, Language Access, Medicaid, Medicare, Nursing Homes, REPORTS

As the U.S. Court of Appeals for the 5th Circuit prepares to decide the constitutionality of the Affordable Care Act (ACA) this week, it’s time for a check-up on how the law has expanded affordable coverage for low-income older adults. Our new issue brief, 10 Year Check-Up: The Affordable Care Act Has Enhanced Access to Quality Health Care for Low-Income Older Adults, discusses all the ways this landmark legislation has improved the health and economic security of older adults. The brief also discusses how the ACA has become so ingrained in the overall health system, that without the law, the system itself would collapse.

The issue brief provides a detailed look at how the ACA has expanded affordable coverage through Medicaid to more people and made it possible for more older adults to age at home and in their communities instead of in nursing facilities. Under the ACA, older adults also are protected against being charged more for pre-existing conditions and being denied essential health benefits. Low-income older adults who receive both Medicaid and Medicare get better care coordination and more help with prescription drugs. Additionally, the ACA expanded Civil Rights protections for LGBTQ and limited English proficient seniors, and stepped up oversight of nursing facilities, among other protections.

This paper shows how, after 10 years, the ACA is woven deeply into every health care program on which older adults rely. Without it, more older adults would lose their coverage, pay more for premiums and prescription drugs, be at greater risk of institutionalization, and lose many ground-breaking consumer protections. We must continue to work together to strengthen and protect this foundational program.

Is your loved one in a nursing home? Here’s why you should be alarmed

By | ASSISTED LIVING, IN THE NEWS, Long Term Care, Nursing Homes

Los Angeles Times: Is your loved one in a nursing home? Here’s why you should be alarmed (June 11, 2019)

A congressional report publicly identified the names of nearly 400 nursing homes cited for substandard care. Prior to the report, the nursing home names had not been disclosed. Nursing home residents suffered conditions ranging from neglect, physical abuse, sexual assault to premature death. Justice in Aging’s Directing Attorney Eric Carlson said,” You’d like to think you could expect high-quality care, but that’s not the case. People should be worried — not sky-is-falling worried, but I-need-to-do-my-homework worried. You can’t take anything for granted.” The full list can be seen here.

Free Webinar: Ten Common Nursing Home Problems, and How to Resolve Them

By | Medicaid, Medicare, Nursing Homes, WEBINAR, Webinar Trainings

When: Thursday, May 30, 2019 11 am-12 pm PT/2-3 pm ET​

Federal nursing home law is meant to protect residents from poor care, discrimination, evictions and many other problems, but many nursing homes commonly follow unlawful procedures. If federal nursing home law is strong (which it is), why is the care often so poor?

Many consumers and their families don’t know the law or may be afraid to speak out about poor care due to fear of retaliation. But firm advocacy by attorneys and other advocates can make the difference. This webinar addresses common problems including evictions, overmedication, termination of Medicare coverage, discrimination against Medicaid-eligible residents, and other issues. The webinar intends to provide advocates, consumers and their friends and family members with advocacy tools to address these common problems.

The information in this webinar is based upon the recommendations in our recent guide, 25 Common Nursing Home Problems and How to Resolve Them.

Who should participate:
Legal advocates, consumers and their friends and family members.

Presenter:
Eric Carlson, Justice in Aging

WATCH THE WEBINAR
DOWNLOAD THE POWERPOINT

Are Assisted Living Facilities Regulated?

By | IN THE NEWS, Nursing Homes

The Nursing Home Abuse Podcast: Are Assisted Living Facilities Regulated? (March 03, 2019)

On March 3, an episode of the Nursing Home Abuse Podcast featured Justice in Aging Directing Attorney, Eric Carlson, as a guest. The podcast is a project of two attorneys in Georgia. The episode was Are Assisted Living Facilities Regulated? Beginning at around 5:37, Eric talks about the differences between assisted living and nursing facilities, noting that more people who need higher levels of care are living in assisted living facilities than in previous years. Eric covers the regulatory framework for assisted living facilities, making clear that the laws governing assisted living facilities are different from state-to-state, as opposed to nursing homes, which are regulated by the federal government as the primary payor for nursing home care. The result is that, as more people with higher health care needs are relying on assisted living facilities, they may not be getting the care they need. This is due to lack of staff medical training and lack of government oversight. His advice to individuals and families when considering an assisted living facility is to explicitly ask the management about current and future care needs to get information about how the facility will handle the care needs of the individual who will be living there.

Guide: 25 Common Nursing Home Problems and How to Resolve Them

By | Advocate's Guide, Nursing Homes, Person-Centered Care Planning, REPORTS

Learn to spot and resolve the most common problems

The 25 problems identified in this guide are common across the country and in all types of nursing homes. Even supposedly “good” nursing homes often follow standard procedures that violate federal law and put residents at risk.

This reader-friendly guide gives residents, family members, friends, and other advocates the tools they need to identify and solve the problems residents most frequently face. Whether you’re fighting an eviction, seeking a personalized care plan, or being pressured to sign an arbitration agreement, this guide will give your advocacy teeth to ensure that you, or a resident you’re advocating for, receive the high quality, person-centered care that the law requires.

Get the Guide

Report: Older Women & Poverty

By | Economic Security, Health Care, Health Care Defense, Health Disparities, Health Equity, Long Term Care, Medicaid, Medicare, Nursing Homes, Oral Health, Safety Net Defense, SENIOR POVERTY, Social Security, Special Report, Supplemental Security Income

Because of structural inequities that impact women more than men, a significant percentage of older women are struggling to stay out of poverty.

There are 7.1 million older adults living in poverty in the United States, with nearly two out of three of them being women. Women like Venorica, who is working three jobs at the age of 70, and Vicky, who once ran a successful business with her husband, are struggling to stay afloat.

A new Justice in Aging report surveys the reasons more women are aging into poverty than men, discusses the support systems that are in place to help older women, and recommends ways we can strengthen and expand those support systems. The brief is accompanied by videos of women telling their own stories. Older women have cared for us and worked hard all of their lives. It’s imperative that we enact policies so they don’t have to struggle to make ends meet.

READ THE REPORT
WATCH THE VIDEOS HERE

When Skilled Nursing Facilities Act as Representative Payees

By | ISSUE BRIEF, Nursing Homes, Social Security

A representative payee is a third party who is authorized to receive and manage Social Security payments for a beneficiary who isn’t able to do so for themselves. Often, a creditor, such as a nursing facility or other residential facility can be appointed by the Social Security Administration (SSA) to act as a representative payee. When creditors perform this function, conflicts can arise and there must be adequate consumer protections in place to protect the best interests of the beneficiary and the Social Security system.

A new Justice in Aging issue brief, Skilled Nursing Facilities and Other Creditors Acting as Representative Payees, dives into some of the conflicts that can arise and proposes ways to strengthen the oversight and protections within the representative payee system.

Read the Brief

WEBINAR: Defending Evictions from Nursing Homes and Assisted Living Facilities

By | ASSISTED LIVING, NCLER, Nursing Homes, WEBINAR

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
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

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