Southern California Nursing Home Abuse Lawyer Blog

When we trust the care of our elderly loved ones to skilled nursing facilities, we expect that they’ll receive proper treatment and won’t suffer unnecessary harms. Nobody anticipates nursing home abuse and neglect, but a recent article in ProPublica indicates that about one-third of patients in skilled nursing facilities suffer harms during their treatments. Based on a study conducted by the inspector general of the U.S. Department of Health and Human Services, “nearly 22,000 patients were injured and more than 1,500 died in a single month—a higher rate of medical errors than hospitals.”

Is your elderly loved one in safe hands at her nursing home? Nursing home neglect occurs more frequently than we’d like to think. And while California legislators are hoping to change some of the rules for residential facilities in our state, it’s important to be vigilant. If you suspect that an older adult has been mistreated in a nursing home or assisted living facility, contact the experienced San Diego nursing home abuse lawyers at the Walton Law Firm today.

What is a Skilled Nursing Facility?

What happens when elderly adults spend some time in the hospital but aren’t officially admitted? In these situations, patients are typically classified as simply being under observation. This “observation only” status can limit older adults’ chances for Medicare nursing home coverage once they’re discharged from the hospital, according to a recent article in the New York Times. Can this lead to elder abuse conditions? And how is this happening? In order to be eligible for certain Medicare benefits, an elderly patient “must spend three consecutive midnights in the hospital—not counting the day of discharge—as an admitted patient in order to qualify for subsequent nursing-home coverage.”

More than one year ago, the California Hospital Association (CHA) recognized the problems that arise because of the “observation status” that many older adults end up with during a hospital visit. The CHA reported on an amicus brief filed by the American Hospital Association (AHA) in connection with a federal lawsuit in which Medicare beneficiaries contested the use of an “observation status” to later deny nursing-home coverage. This past December, AARP released a report that argued certain medical facilities intentionally place older adults under observation—as opposed to admitting them—for Medicare purposes, according to California Healthline. As you can see, this is an issue that’s relevant in California and across the country. What are the key issues at stake, and how can elderly citizens receive the care they need?

What Does “Under Observation” Really Mean?

It’s clear that many hospice centers have become part of a profit-seeking industry in the United States. Indeed, the recent article in the Washington Post concerning illegitimate marketing and hospice overuse may be plaguing many parts of the country. But what about seniors who are admitted to hospice care and then discharged without getting any better? Is our country in need of elder care reform? An article in the New York Times suggests that there may be another significant problem with the hospice industry that lies more with the Medicare Hospice Benefit of 1983.

Do you have questions about caring for an elderly loved one? The experienced nursing home abuse lawyers at the Walton Law Firm can speak to you today.

Elements of the Medicare Hospice Benefit