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Nursing Home Abuse Too Common |
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More Deficiencies Reported in For-Profit Facilities
"Faces of Neglect" from Consumer Voice tells real stories of people abused in nursing homes.
Incidents of severe abuse in nursing homes have a tragic precedent in this country. A 2001 congressional investigation found that 30 percent of more than 17,000 nursing homes were cited for abuses between 1999 and 2001. Furthermore, abuse seems to be on the rise: “immediate jeopardy” violations likely to result in serious injury or death in nursing homes rose 22 percent from 2000 to 2008.
While mistreatment can occur in any nursing home, statistics indicate that the odds jump in those run for profit (two-thirds of our nation’s nursing homes). A 2001 study of 13,693 long-term care facilities by the University of California, San Francisco, found that deficiencies per home were 46.5 percent higher in investor-owned facilities versus non-profits. There are also 32 percent fewer nurses in for-profit facilities. Download report
Standing Up for Seniors, a study from the American Association for Justice, chronicles several cases of abuse, including a 2004 investigation by the Detroit News that found that 14,000 elderly residents died of dehydration and malnutrition over a four-year period. Download Report
Unfortunately, these statistics taint the majority of nursing homes that provide quality care and are staffed by truly dedicated and skilled people. But clearly the possibility of neglect and abuse exists, so you should be aware of ways to detect abuse or avoid bad facilities altogether.
Steps to Take When Comparing Nursing Homes
Resist pressure from hospital discharge planners eager to place an elderly patient in a nursing home and consider the alternatives first. Other options include home care, assisted living facilities, subsidized senior housing, board and care homes, etc. For a comprehensive summary of your options, visit Alternatives to Nursing Home Care from Medicare.gov. If a nursing home is still the right choice, here are a few guidelines:
1) Check out ratings: Compare the quality of the nursing homes you are considering by doing a little homework. The Centers for Medicaid and Medicare Services (CMS) offers a five-star quality rating system based on health inspections, staffing rates and several other quality assessment measures. Also try to find nursing homes that are located near family members. For more detail, download this how-to guide from Medicare.gov and this tear-out checklist.
2) Visit facilities: Now for the legwork: visit a few facilities and see them for yourself. Talking to residents and other family members can give you a good feel for the care quality. Note if they seem at ease and are open and willing to discuss their experiences in the home. Watching staff interaction can also speak volumes about the nature of a nursing facility. And check on staff turnover, including the facility administrator. Excessive turnover could mean the nursing home is in turmoil.
3) Forced arbitration: Many nursing homes now include forced arbitration clauses in admission contracts, thus protecting themselves from accountability in an open court of law. Often the provider picks the arbitration company and sets the rules of the arbitration, heavily favoring the provider. Read contracts carefully and resist a mandatory arbitration clause, or look for another facility.
Options for Fighting Abuse and Neglect
It is unlawful to abuse or neglect a nursing home resident. If you believe anyone in a nursing home is being abused, document everything in writing with as much detail as possible. Then call and send copies of your report to the administrator, director of nursing and social worker at the nursing home, state or local ombudsmen, local law enforcement, the state agency responsible for surveying nursing homes and local citizen advocacy groups. For a complete listing of officials near you, visit this map from the National Consumer Voice for Quality Long-Term Care and download their guide Abuse & Neglect.
You may also have legal recourse against the nursing home or others in civil court. Our nation's seniors and their families, along with their attorneys, have played a critical role in uncovering abuse and neglect in nursing homes and assisted living facilities, and are often the most effective means to force corporate nursing homes to fix problems. Contact us if you would like to learn more about your legal options in a nursing home abuse or neglect case |
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The Patient Protection and Affordable Care Act |
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Historic Health Care Vote Reflects Renewal of Confidence in America
The Patient Protection and Affordable Care Act, signed into law by President in March, 2010 is the most sweeping social justice legislation to move through Congress in over forty years.
This is one of those rare instances when calling a vote "historic" is not an exaggeration. Guaranteeing affordable health care for everyone in America has been a goal of reformers for nearly 100 years, going all the way back to Republican President Theodore Roosevelt.
The historic vote reflects a renewal of national self-confidence that America is up to the task of solving our most pressing problems. We used to be a nation brimming with confidence that our democracy had the capacity to achieve great things. But over the last thirty years, naysayers have promoted the self-defeating idea that economic and social problems were beyond our capacity to remedy.
Like Social Security and Medicare, which were highly controversial before they were enacted, Wisconsinites will not even think of giving up these benefits once they are established. It is imperative that we use the renewed sense of national purpose the historic health care vote provides to fight back against the efforts of "bitter end' opponents to block implementation, or repeal the law before it can take full effect. As a nation, we also need similar boldness and faith in American democracy to make progress on other critical agenda items, especially the jobs crisis that threatens to undermine the American dream for so many. |
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Auto Coverage - What You Need to Know |
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New WI Auto Law Eliminates Coverages - Protect Yourself Before Changes Come in November
Carroll Plumb’s medical bills exceeded $1 million after he was severely injured in a 2010 Sheboygan County motorcycle accident. Yet, the driver at fault only had liability insurance of $250,000. Luckily, Carroll had purchased $300,000 of underinsured motorist (UIM) coverage for each of his two vehicles. Under current law, Carroll can recover $850,000 – $250,000 from the negligent driver and $600,000 from both UIM policies. Not so fast! As of Nov. 1, 2011, Carroll would only get $300,000, a difference of $550,000! You should know what to do now to protect yourself so this doesn’t happen to you later.
Protect Yourself: Do Your Homework
Step 1: Analyze Your Policy
Review your auto policy at renewal, especially before the law changes.
Sit down with your agent ASAP and make sure you have adequate insurance by understanding exactly what your policy covers – especially with new laws going into effect in November.
- Check your liability limits.
If you are at fault in an accident and the other driver’s damages exceed your liability limits, you can be held personally liable. And don’t get tricked into thinking that the minimum amount of coverage required in Wisconsin will protect you. Effective Nov. 1, the limits will decrease to only:
- $25,000 for bodily injuries caused to one person
- $50,000 for bodily injuries for all persons
- $10,000 for property damage
While this may seem like a lot of money, it will quickly vanish in a serious accident with high medical bills and other costs. In most cases, you should buy the highest level of coverage you can comfortably afford that covers your personal assets – home, business or other investments.
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Family Justice Bill 138
Citizen Action strongly supports the Family Justice Bill, which passed the State Senate last session but was not approved by the Assembly. Wisconsin is one of the only states in the nation where there is no remedy when an unmarried, widowed, or divorced family member dies as a result of medical malpractice. Parents cannot file for the loss of a child once they turn 18 in Wisconsin. Unbelievably, a doctor who killed an unmarried parent or an unmarried adult child in an auto accident could have a wrongful death claim filed against them, but could not if they died as a result of medical malpractice. The Family Justice Bill remedies this situation, by giving Wisconsin families the same right that families have in most other states. More information on the Family Justice Bill is available from the Wisconsin Association for Justice
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Issues
