Category

Nursing Homes

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

Beneficiary Groups Concerned CMS’ Nursing Home Guidance Could Lower Penalties

By | IN THE NEWS, Nursing Homes

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

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

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.”