DO YOU SUSPECT ABUSE OR NEGLECT? Contact Us for a Free Consultation

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Last week, we told you about a recent study conducted by the inspector general of the U.S. Department of Health and Human Services (HHS). The report focused on skilled nursing facilities and found that about one-third of all nursing home patients suffer injuries, and more than half were preventable. The study focused on more than 600 patients from over 600 skilled nursing facilities during a one-month period in 2011. Using these figures to project nationally, the study asserted that nearly 22,000 patients sustained injuries, and more than 1,500 patients died as a result of nursing home abuse or neglect during the month of the study.

How can we repair this shocking problem? Legislators and advocates for nursing home reform have expressed serious concern over the facts presented in this recent report. Is raising awareness about health care standards in skilled nursing facilities sufficient? Would increased inspections help? Or can we do even more to remedy the harms suffered by elderly loved ones in nursing homes?

Patients “Deserve Better,” Legislators Say

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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?

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As lawmakers in our state continue to think about elder abuse and the salient problems with California assisted living facilities, some of these residences are being ordered to pay damages for the harms they’ve inflicted on the elderly. According to a recent article in the Long Beach Press Telegram, a jury recently said that an assisted living facility in downtown Long Beach is liable for “hundreds of thousands of dollars in damages” connected to one resident’s spinal injury.

Has your elderly loved one suffered abuse or neglect in a California residential care facility? This is an important concern in our state, and juries take these cases very seriously. You should speak to an experienced San Diego nursing home abuse attorney about filing a claim for compensation.

Details of the Residential Care Facility

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Have California seniors been subject to financial abuse? A recent article in the San Francisco Chronicle reported that residents at an “exclusive continue-care community” for the elderly in Palo Alto might have been fraudulently cheated out of millions of dollars. In short, many of these older adults paid substantial fees—some as pricey as $2 million, according to the article—based on a promise from the company to repay the remainder if the resident moved or to repay the remainder to the resident’s next-of-kin in case of death. However, residents and their relatives are accusing the facility, the Vi at Palo Alto, of “reneging on a promise to return most of the money to them.”

Nursing home abuse can take many forms, and elder abuse is a term that refers to more than just physical abuse or elder neglect. As we’ve noted in recent news cases, the elderly can be particularly susceptible to financial abuse and instances of consumer fraud. Are you concerned that your older parent or relative has been the victim of a financial crime? The sooner you speak to an experienced elder law attorney, the quicker you’ll be able to take action for your elderly loved one. Contact the California nursing home abuse lawyers at the Walton Law Firm today to learn more about elder financial rights.

Financial Security and “High-End” Elder Living—Not What it Seems?

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California legislators have proposed assisted-living facility reforms across the state, and the nation-wide attention to elder abuse problems in our state has rallied a variety of advocates to the cause. A recent special report released by the National Senior Citizens Law Center, in conjunction with the California HealthCare Foundation, identifies the key problems with the current assisted living model in California and proposes new “best practices” for ensuring safe care for our elderly loved ones.

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Has your elderly loved one suffered abuse or neglect in an assisted-living facility? You’ll need experienced legal counsel on your side to handle this difficult situation. Contact the dedicated nursing home abuse attorneys at the Walton Law Firm today to learn more about filing a claim for financial compensation.

Overview of Reform Needs

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Many Americans have heard that long-term care can be extremely expensive and that it’s important to begin saving, or alternately to invest in long-term care insurance, as soon as possible. But is long-term care insurance really all it’s said to be? Are there other options for elder care? A recent PBS interview with economics professor Lewis Mandell suggests that simply saving money, rather than investing in these insurance plans, may ultimately be a larger help to the elderly.

What is Long-Term Care Insurance?

The U.S. Department of Health and Human Services (HHS) explains that long-term care insurance is special in that it’s “designed to cover long-term services and supports, including personal and custodial care in a variety of settings such as your home, a community organization, or other facility.” These policies work by reimbursing policyholders with a pre-selected daily amount “for services to assist them with activities of daily living such as bathing, dressing, or eating.”

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Over the last year, California assisted living facilities have been under intense scrutiny by elder care advocates and the public alike. Just last month, California legislators appeared at a press conference in Sacramento to unveil plans for new bills that will encourage assisted living facility reforms throughout the state. The reforms will come “as part of the RCFE Reform Act of 2014,” according to a press release from the California Advocates for Nursing Home Reform (CANHR).

As you might recall, an RCFE is a residential care facility for the elderly. In California, RCFEs, also known as assisted living facilities, are responsible for a lower level of care than a nursing home, but they must still be licensed with the state. According to the Department of Social Services, RCFEs can “provide care, supervision and assistance with activities of daily living, such as bathing and grooming.” They can also “provide incidental medical services under special care plans,” but they can’t administer significant medical treatment or care.

The reforms may be able to curb certain acts of elder abuse in our state, but it’s still important to keep an eye out for signs of nursing home abuse and neglect if you have an elderly loved one in a facility.

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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.”

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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?

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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.

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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

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Profiting from Bad Hospice Ethics

Last week, we discussed a recent phenomenon in the hospice care industry that’s quickly becoming an elder abuse concern. Specifically, hospice—a form of care designed to allow “patients to die at home or in other familiar surroundings,” according to an article in the Washington Post—has turned into a financially lucrative business. But is it an ethical one? Are hospice companies acting outside the boundaries of the law? And is it possible to take legal action against hospice chains that recruit patients who aren’t suffering from a terminal illness?

Old%20Dying%20Woman.jpgFirst, it’s important to have a clear idea about why hospices are bringing in relatively healthy older adults, and how these companies are profiting from non-terminal patients. How did this start to happen? In short, many hospice care centers have begun recruiting patients with aggressive marketing tactics, and many of those patients aren’t terminal. It’s in the financial interest of a hospice chain to “find patients well before death,” the Washington Post reported. And the reason is simple: “Medicare pays a hospice about $150 a day per patient for routine care, regardless of whether the company sends a nurse or any other worker out that day. That means healthier patients, who generally need less help and live longer, yield more profits.”

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