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ASSISTED LIVING Archives - JUSTICE IN AGING

Finding Housing When Mom Doesn’t Speak English

By | IN THE NEWS

Next Avenue: Finding Housing When Mom Doesn’t Speak English, (May 8, 2018) It’s not easy for anyone to be uprooted from a home and for an older adult with minimal or no English, it can be especially challenging. But, for consumers, planning ahead, researching your rights and stepping in to assist can help create the best outcome. Justice in Aging attorney, Denny Chan offers advice on how family members can learn their rights and help limited English proficient loved ones receive person-centered, culturally competent care throughout this piece.

Assisted Living: A $10 Billion Industry with Little Oversight

By | IN THE NEWS

Governing Magazine: Assisted Living: A $10 Billion Industry with Little Oversight (April 2018) A February report from the Government Accountability Office (GAO), which found significant shortcomings in oversight of assisted living facilities across the country. It found significant shortcomings in oversight of assisted living facilities across the country, but “barely scratches the surface” of the problem, said Eric Carlson when interviewed for the piece.

Wheelchairs Prohibited in the Last Place You’d Expect

By | IN THE NEWS

The New York Times: Wheelchairs Prohibited in the Last Place You’d Expect (April 30, 2018) A lawsuit was filed in New York against a number of assisted living facilities for  discrimination against people in wheelchairs and for violating the Fair Housing Act, the Americans with Disabilities Act and other federal laws. The facilities had all been found denying potential residents because they use wheelchairs. Part of the problem is that assisted living facilities are mainly regulated by the states, and many state laws are out of date and do not comply with federal non-discrimination law. Justice in Aging attorney Eric Carlson noted for the article that the percentage of assisted living facilities covered by Medicaid is growing.

Hipaa’s Use as Code of Silence Often Misinterprets the Law

By | IN THE NEWS

New York Times: Hipaa’s Use as Code of Silence Often Misinterprets the Law  (7/17/2015) Justice in Aging Attorney Eric Carlson serves as legal expert for this article by Paula Span about the ways providers misuse Hipaa (Health Insurance Portability and Accountability Act). In the article, he’s quoted as saying, “Providers may be disinclined to give out information anyway, and this provides an easy rationale, but Hipaa is more common sense than people give it credit for.”

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

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 Residents’ Health Care Needs

By | ASSISTED LIVING, ISSUE BRIEF, REPORTS

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.

WEBINAR: Assisted Living Reform: Policies and Politics

By | ASSISTED LIVING, WEBINAR
Free Webinar
Assisted Living Reform: Policies and Politics
When: Monday, December 15, 2014 3 – 4 PM EDT

There’s a growing agreement around the need for assisted living reform. While health policy experts, caregivers, consumers, and their families recognize reform is overdue, political hurdles can get in the way of change. Speaker Larry Polivka, Ph.D, a prominent expert in aging and long-term care, will speak from personal experience on the need for assisted living reforms, and the hurdles that confront any reform effort.
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WEBINAR: Assisted Living State By State

By | WEBINAR
Free Webinar
When: Wednesday, Oct. 22, 2014, 11 a.m. – NOON PDT/ 2 p.m. – 3 p.m. EDT

As part of the National Senior Citizens Law Center’s new project, Making up for Lost Time: Addressing Problems In California’s Assisted Living System, we’re pleased to host Pam Dickfoss, who heads California’s Community Care Licensing Division, and Ronald Melusky, the President-Elect of the National Association for Regulatory Administration.

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