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Category Archives: Legislation

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Nursing Home Residents Deprived of Right to Sue for Abuse and Neglect

Posted in Legislation, Protecting Your Rights

The current administration has set its sights on another federal rule, seeking to eliminate the ban on pre-dispute arbitration agreements for nursing home residents. Pre-dispute arbitration agreements require elderly adults and individuals with disabilities, as well as their families, to waive their right to file a lawsuit in the courts – before admission to a… Continue Reading

ABA Resists Mandatory Arbitration Clauses in Nursing Home Admissions Contracts

Posted in Legislation

Mandatory Arbitration in Nursing Home Admission Contracts A proposed rule change introduced by the Trump administration would authorize mandatory, pre-dispute arbitration in long-term care admissions contracts. The proposed rule is in response to an Obama administration rule that prohibited federal funding for long-term care facilities that required residents to resolve disputes through arbitration. ABA Writes… Continue Reading

Will Tort Reform Affect Nursing Home Care?

Posted in Legislation, Legislation Watch, Levels of Care, News, Nursing Home Information

The latest tort reform measure, H.R. 1215, the Protecting Access to Care Act of 2017, would place caps on medical malpractice damages, limit attorney fees, and modify statutes of limitations. Among other changes to current law, non-economic damages in medical malpractice lawsuits would be limited to $250,000 – and juries would not be informed of… Continue Reading

Big Business after Consumers Once Again

Posted in Legislation, Protecting Your Rights

In 2011, the insurance, pharmaceutical, and nursing home industries worked together with an extraordinary budget to try to deceive American consumers into giving up their constitutional rights through a bill known then as HR-5. This bill would have severely harmed the rights of consumers across the country who were catastrophically injured or killed by any… Continue Reading

Forced Pre-Dispute Arbitration Gets Federal Attention

Posted in Legislation, Legislation Watch, News

Throughout the country, trusting families are signing nursing home, rehab, and assisted living admission paperwork for someone they care deeply about. These documents are technical, long, and complicated. Hidden in many of these agreements is language that significantly curtails a family’s ability to hold a facility accountable if something terrible happens – including rape, assault,… Continue Reading

New Jersey Looks to Improve Staffing Ratios

Posted in Elder Issues, Legislation, Levels of Care, News

Often, many of the problems that occur in nursing homes are a direct result of terribly insufficient staffing. This knowledge is born out in studies that show a direct correlation between staffing ratios and quality of care. Despite all of this clear evidence, many facilities only meet the bare minimum hours required under state regulation. Some… Continue Reading

The True Cost of Anti-Psychotics and Tort “Reform”

Posted in Elder Issues, Legislation, Medication, Nursing Home Information

A recent series of disturbing stories by NPR report finding with objective data what many of us practitioners know already – that in many substandard facilities residents are over medicated with sometimes dangerous medications just to keep them quiet.  This is disturbing because these medications are sometimes powerful, dangerous, and ineffective.  Some even get “black… Continue Reading

Non-Disparagement Clauses: Buying the Silence of Guardians

Posted in Documentation & Reporting, Elder Issues, Legislation, News, Nursing Home Information, Support & Resources

I’ve noticed in my practice a dangerous and burgeoning phenomenon. That is, the emergence of non-disparagement clauses for people who know the dangerous secrets of the worst of the worst long-term care facilities. I am finding that the vast majority of these clauses are found in assisted living facilities. These organizations appear to have very… Continue Reading

Lack of Nurses in Nursing Homes Exposed

Posted in Elder Issues, Legislation, News, Nursing Home Information, Protecting Your Rights

When I began working in this field, I was astonished to realize that very few nursing homes and no assisted living facilities have a full-time doctor working there.  I found that facilities at times may be staffed almost entirely with nurse aides and Licensed Practical Nurses (LPN) as opposed to Registered Nurses (RN).  RNs received… Continue Reading

How The Affordable Care Act & The Accountable Care Organizations Will Increase Quality Care at Nursing Homes and Hospitals

Posted in Legislation, Levels of Care, News

With the passing of the Affordable Care Act (ACA), this nation has seen the beginning of a dramatic shift in both the delivery of healthcare and the means by which payment is made for medical services. Under the ACA, a new type of medical agency was created, known as Accountable Care Organizations (ACO). These entities are required to coordinate all levels of care in a fashion that is both more efficient and better focused on the provision of quality care

Stand Up for Patients’ Rights: Tell Your Representative to Oppose House Resolution 5

Posted in Legislation

Congress has recently proposed House Resolution 5, an extreme bill that would limit our rights and offer a handout to the medical industry by allowing it to go virtually unpunished when patients are harmed or killed. A recent report states that one out of every three hospital patients is sickened, injured, killed or otherwise harmed because of a medical error. This study is just one more, in a long list of reasons why this bill should not be passed.

Medicare Fraud Endangers Patients

Posted in Legislation, News

In two short months, we will face a new congress – who’s stated primary goal is to remove the historic healthcare bill and expose numerous patients across the country to a lack of access to medical care. Conspicuously absent from most press releases or even the debate is the devastating personal and economic impact of medicare fraud. Here is a fascinating and disturbing study on its scope.

Many Health Insurance Companies No Longer Willing to Pay for Treatment Related to Hospital Acquired Bedsores and other avoidable mistakes.

Posted in Injuries, Legislation, Levels of Care, News, Nursing Home Information

I recently wrote an article for the New Jersey Law Journal about the new Medicare Guidelines for Hospitals and Never Events. After some additional research, I have learned that many insurance companies agree that it is unfair for negligent hospitals to pass costs related to their mistakes along to others.

Healthcare Fraud and the Healthcare Debate

Posted in Legislation

As the President works his groundbreaking legislation through Congress, opponents cry foul over medically-based lawsuits. Absent from that portion of the debate are the estimated $220 billion dollars per year in fraud perpetrated by the very folks who complain about so-called defensive medicine. Let’s point our efforts in the right direction: Eliminating Fraud. The George… Continue Reading

Good news on the Nursing Home Transparency Act

Posted in Legislation, News

Hot off the press is some very good news about generating more accountability for those who choose to profiteer off of the elderly and infirm. Below is an email alert I received from The National Consumer Voice For Quality Long-Term Care detailing the changes the bill will provide:

Nursing Home Transparency and Improvement Act of 2009

Posted in Legislation, Legislation Watch

The Urban Institute estimates that the number of Americans who will require assisted living or nursing home care will increase by more than 50% between 2000 and 2040. As that number continues to grow, it is becoming increasingly more difficult for state and federal regulators to keep track of each and every facility, which is leading to an epidemic of improper care for our elderly.

Nursing Homes Hidden Expenses

Posted in Legislation

In many facilities, profit is hidden in extraordinarily high rent being paid to real estate investment trusts (REIT’s), excessive management fees and other costs – all to the same people who own the nursing home. This has been reported by the New York Times and is currently being investigated by congress.