nursing home

How to Select a Nursing Home for Your Loved One

April 17, 2018 | John Risvold

As the population in the United States continues to age, it is estimated that there will be 19 million Americans over the age of 85 by the year 2050. Currently 1 in 8 Americans reside in a long-term care facility or nursing home. This doesn’t even factor in the number of people who need short-term stays in nursing homes for rehabilitation or following medical procedures or injuries.

The choice of a nursing home is an important one. In 2002 the New York Times reported that Federal studies showed that nearly 90% of nursing homes were understaffed and lacked the capabilities to handle the number of patients in their facilities. Since this 2002 study, many facilities still remain vastly understaffed.

Additionally, sadly, nursing home abuse and neglect is more common than one might think. From unwitnessed falls, dehydration, and malnutrition, to pressure ulcers, nursing homes without adequate and well-trained staff can cause serious injuries or even death for residents.

Is Your Loved One in a Medicare or Medicaid-Certified Nursing Home? These are His/Her Rights.

June 25, 2017 | Shawn Collins

Nursing home residents have rights that are protected under federal law, and which must be explained to the resident in understandable language. In summary, these are the rights (See the link below from Medicare.gov. for a more detailed description):

(1) To be treated with respect.

(2) To participate in activities.

Nursing Homes No Longer Allowed To Force Residents Into Arbitration Agreements

October 11, 2016 | The Collins Law Firm, P.C.

A shift in power and control has returned to those who most need it – nursing home residents and their families. In a recent ruling, the Centers for Medicare and Medicaid Services (CMS) prohibited mandatory pre-dispute arbitration agreements between federally funded nursing homes and their residents. Prior to the new ruling, many nursing homes required residents to sign an arbitration agreement which forced residents to solve any dispute that may arise between them and the nursing home outside of court. These agreements heavily favored the nursing homes and took away a resident’s power to use the court system for injuries caused by a nursing home’s wrongful conduct.

The ruling is a strong attempt to return that power back to the plaintiffs in disputes concerning nursing homes. This is especially important in cases involving negligence, elder abuse, sexual harassment, and even wrongful death. Arbitration keeps these cases out of the view of the public and often leads to much smaller rewards or settlements for those harmed by the home.

The CMS, a federal agency within the Department for Health and Human Services, controls more than $1 trillion in Medicare and Medicaid funding. They passed the rule after 16 different states and the District of Columbia lobbied the government to completely cut funding to nursing homes that had arbitration clauses in their residency agreements. They argued that “arbitration kept patterns of wrongdoing hidden from prospective residents and their families”.

Nursing Home Abuse or Neglect: What Can You Do?

October 22, 2015 | Ed Manzke

Are you concerned that a family member is being abused or neglected at a nursing home? Mistreatment at the hands of a caregiver can happen in long-term care facilities, including nursing homes. The mistreatment may take the form of physical abuse, emotional abuse, neglect, or even financial exploitation. Signs of elder abuse differ but each type of abuse has distinct signs associated with it.

Physical abuse can be detected by visible signs on the body, including bruises, scars, sprains, or broken bones. More subtle indications of physical abuse include a fear of certain caregivers.

Emotional abuse often accompanies the other types of abuse and can usually be detected by changes in personality or behavior, such as being emotionally agitated or extremely withdrawn. The elder may also exhibit behavior mimicking dementia, such as rocking or mumbling.