The U.S. Department of Justice has filed a lawsuit against the state of Florida, accusing it of violating the Americans with Disabilities Act (ADA) by placing children with severe special needs in nursing homes rather than in less restrictive settings. Last fall, a Justice Department investigation discovered that Florida had placed 221 children, many of whom require feeding tubes or ventilators, in nursing homes that are not equipped for juvenile patients. Investigators discovered that some children were left unattended for hours without adequate care. The state responded to the Justice Department's report with a promise to do better, but the…
The Centers for Disease Control and Prevention (CDC) states there are about 16,100 nursing homes in the U.S., with about 1.5 million residents. Meanwhile, according to the National Center on Elder Abuse, over 20,000 complaints of abuse, gross neglect, and exploitation on behalf of nursing home and board and care residents were reported in 2003. Now, according to a new state-by-state report by Families for Better Care, a Florida-based nursing home advocacy group, there is widespread abuse and neglect in our nation’s nursing homes, with an abundant lack of staffing. While Alaska, Hawaii, and Maine scored “superior” grades and ranked…
Many Medicare patients who require skilled nursing care after a hospital stay are often surprised when they receive a very expensive bill for the skilled nursing care. Medicare beneficiaries can be held as “observation” rather than as an admitted patient even though it may appear to the patient to be a regular stay in the hospital. Medicare will not pay for the subsequent skilled nursing care if the patient’s hospital stay is classified as observation. Learn more. A new investigation shows that whether a Medicare patient is admitted to the hospital or kept for observation depends on what hospital they…
The Consumer Voice has released several fact sheets for quality long-term care, including how to address problems in nursing homes, how to pay for long-term care, and how to select an assisted-living facility.
The nursing home industry is facing a major test of its lobbying clout as lawmakers weigh whether to slash its Medicare funding. Nursing homes got a pass in January when Congress approved a short-term “doc fix” for Medicare spending that left hospitals to foot the bill for the second year in a row. But there’s no guarantee that lawmakers will go down that route again, leaving long-term and post-acute care facilities at risk of a significant cut to their reimbursement rates. Anticipating the fight, two leading industry groups merged this month under the banner of the American Health Care Association…
The U.S. Supreme Court has refused to hear appeals of two state court decisions that nursing home residents' descendants may bring wrongful death suits against the facilities despite the existence of signed arbitration agreements. Both cases involve daughters who signed arbitration agreements on behalf of their mothers. After the mothers died, the daughters sued the nursing home for wrongful death, and the nursing home moved to compel arbitration. In Ping v. Beverly Enterprises (Ky., No. 2010–SC–000558–DG, Aug. 23, 2012), Donna Ping was her mother's attorney-in-fact under a general power of attorney when she signed the arbitration agreement. The Kentucky Supreme…
The Department of Health and Human Services finds– nursing homes across the Nation are not meeting regulations. An investigation found nearly half of all facilities are not meeting care requirements. So, it begs the questions– how can you make sure your elderly loved ones are safe? For instance, at the Quail Creek Nursing and Rehab Center. Workers were caught on camera, abusing a patient– slapping her in the face with latex gloves and shoving them in her mouth. Whether you choose in-home care or a nursing facility, ask questions that will help you find the safest option: Ask about hiring…
Of all the possible threats to seniors' physical and financial well-being, you might expect their children to be low on the list. But the fact is, abuse of elders is all too common — annually affecting one in 10 adults over the age of 60, according to a study by the Medical University of South Carolina — and it's often perpetrated by a victim's own offspring. "The answer is: about 2 million people." To combat these crimes, a handful of nursing homes around the country have created shelters within their own walls to provide emergency short-term housing and health care…
Skilled nursing facilities (SNF) are required to develop a care plan for each beneficiary and provide services in accordance with the care plan, as well as to plan for each beneficiary's discharge. These requirements are essential to ensuring that beneficiaries receive appropriate care and safely transition from one care setting to another. Several OIG studies and investigations found that SNFs had deficiencies in quality of care, did not develop appropriate care plans, and failed to provide adequate care to beneficiaries. In fiscal year 2012, Medicare paid $32.2 billion for SNF services. This study is part of a larger body of…
Medicare Part A covers institutional care in hospitals and skilled nursing facilities, as well as certain care given by home health agencies and care provided in hospices. Any person who has reached age 65 and who is entitled to Social Security benefits is eligible for Medicare Part A without charge. That is, there are no premiums for this part of the Medicare program. Medicare Part A covers up to 100 days of "skilled nursing" care per spell of illness. However, the conditions for obtaining Medicare coverage of a nursing home stay are quite stringent. Here are the main requirements: The…
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