Nursing Home Lawyer & Attorney : Stark & Stark Law Firm : Elder Care, Senior Care

Protecting the rights, safety and dignity of your loved one who is about to enter or who has been living in a nursing home is not always easily done. Publications exist that can benefit you greatly in understanding precisely what rights, safety and dignity issues exist at nursing homes. The following is a list of books and videos that can help answer many questions.

1. Nursing Homes: Getting Good Care There
Second Edition
Author: Sarah Greene Burger, Barbara Frank, Virginia Fraser and Sara Hunt

2. Nursing Home Staffing: A Guide for Residents, Families, Friends and Caregivers
Author: Sarah Greene Burger

3. Strength in Numbers: The Importance of Family Councils in Nursing Homes
Video developed by National Citizens’ Coalition for Nursing Home Reform
(NCCNHR)

4. 24/7: Residents’ Rights Around the Clock
Residents’ Rights Packet 2003
Developed by Julie Meashey, MAG

5. Giving Voice to Quality: Affirming Residents’ Rights in Long Term Care
Residents’ Rights Packet 2002
Developed by Julie Meashey, MAG

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It has been estimated that 44 million Americans currently provide some type of unpaid care to disabled adults in their own homes. The new Lifespan Respite Care Act will provide some modest relief to these families, but not nearly enough. It is important for all citizens interested in this issue to speak to their local politicians to push for a much more aggressive program. As most healthcare practitioners know, but few consumers do, The Joint Commission (JCAHO) conducts surveys of nearly all hospitals and many long-term care facilities throughout this country. While it has been criticized by many as essentially constituting the fox minding the hen house, much good has been accomplished by The Joint Commission’s work over recent years. Most acute care facilities and a handful of long-term care facilities simply cannot get certain types of either private or public funding without accreditation from The Joint Commission in their survey process. In January of 2006, The Joint Commission changed a significant aspect of its survey process by including unannounced inspections. This is a welcome change and most likely will lead to greater credibility and more accountability from the surveys. In the end, the quality of healthcare will most likely benefit from this significant change. For more information about The Joint Commission and its efforts, you can visit their website here.

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I recently returned from a speaking engagement at the Association of Trial Lawyers of America's Annual Nursing Home Litigation Conference (now known as the American Association for Justice). Although I have attended many of these conferences of the years, I am continually impressed by the continued devotion of all of the hardworking attorneys who have chosen this specialty to protect our most vulnerable of citizens. Throughout the two days of seminars and interactions, the group continually talked about the unwavering goal of protecting the elderly and improving the quality of care for nursing home residents across the country. The devotion of this group, of which I am proud to say I am a member, never fails to inspire on this mission. In broad posts to follow, we will talk about a number of organizations that concerned citizens can join to serve as advocates for the elderly in long term care.

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In late December of 2006, lawmakers in Congress unanimously approved the “Lifespan Respite Care Act” authorizing nearly 300 million dollars in grants over the next five years to help provide aid to families hiring temporary help to relieve primary care givers. Ultimately, these funds will be administered through state agencies. In a rare demonstration of bipartisanship, both Democrats and Republicans joined to ensure passage of the Act. As well appreciated as the Act is, it has been estimated that 300 billion is most likely needed each year for American families faced with this situation. At present, our healthcare system does not sufficiently aid families in keeping loved ones at home and instead places them in the unenviable position of facing long-term care if they have any hope of receiving public funding. Many studies have concluded that home care not only is beneficial to the elderly resident, but additionally is much more efficient than the bulk of long-term care facilities in this country.

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A study from the New Jersey Hospital Association released on December 4, 2006 reported that nearly 40% of New Jersey’s hospitals posted a financial loss in the year 2005. It was predicted that that number would grow unless major changes were made in charity care funding and payments from other important participants, and with the major increase in nursing home patients being sent to hospitals, this has become a major concern. Adding to this problem is the issue with health insurance companies not fully compensating hospitals. While these insurance carriers were making record profits, much of the cause for this lies at the expense of the hospitals and ultimately the patients. Ultimately, these changes will inevitably negatively impact upon the many nursing home residents who rely upon quality acute care centers on a regular basis.

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A recent study reported in the Newark Star Ledger and a number of other papers has revealed that New Jersey nursing home residents are more likely to be sent to the hospital, rather than being treated in the nursing home in comparison to nursing home residents in other states. The research further concluded that moving nursing home residents to hospitals, unfortunately, increased their risk of infection, led to disorientation and increased the frailty of the elderly. This is a disturbing study which will require additional attention. The study concluded that based upon data from the year 2000, 23.3% of New Jersey’s nursing home residents were hospitalized during a five month period - making this the highest rate in the northeast. The national average is actually only 17.4%, with Utah having the lowest rate at 8.4%. It was additionally concluded that “many hospitalizations of long-term residents are attributable to problems that could have been prevented with adequate medical care or oversight.”

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