Fighting For The Elderly, Vulnerable and Injured.
Stories of financial crimes against the elderly continue to pile up. Yesterday, the United States Justice Department announced that a man from Texas was sentenced to 27 months in prison for conspiring to falsely persuade thousands of patients with incurable diseases to enroll in a hospice program they did not need. The operations manager at Merida Group, a chain of…
Can the Consumer Ever Win? Arbitration Clauses in Nursing Homes Somewhere in your cell phone or credit card contract, buried in the fine print is a mandatory arbitration clause which waives your right to a jury trial and instead binds you to arbitration if there is ever a dispute. You may not have known that you have waived your right…
Sixth Circuit Court of Appeals – Family Not Bound by Arbitration Clause The Sixth U.S. Circuit Court of Appeals held that a deceased Kentucky nursing home resident’s purported agreement to arbitrate against the facility does not block wrongful death claims brought on...
Lack of Leadership in Nursing Homes Affects Quality of Care A team of researchers from the University of Maryland and University Red Cross College of Nursing found that high turnover in leadership positions in Nursing Homes was more than twice as likely to be found to...
What is a Skilled Nursing Facility and Who Regulates Them? What is a Skilled Nursing Facility and Who Regulates Them? – Skilled Nursing Facility are suitable for residents that require 24 hour a day care and often are moderately or fully unable to care for themselves, either due to an acute condition (e.g., recovering from hip surgery) or a chronic…
What is Hospice and Should My Loved One Be Placed On Hospice? What is Hospice and Should My Loved One be placed on Hospice? – Hospice care is not considered a type of treatment for sick patients, but rather a plan of care for terminally ill or dying patients who are assessed as having six months or less to live.…
Sub-acute facilities are a relatively recent trend and are beginning to appear more and more. Why? It is simple: money. Recent reimbursement rates changes from Medicare make it such that a nursing home can get higher reimbursement rates for a resident that needs more specialized care (such as tracheotomy care, intravenous tube feeding and complex wound management). Sub-acute care as…
What is an ALF/RCFE and Is It The Right Fit For Your Loved Ones? What is an ALF/RCFE and Is It The Right Fit For Your Loved Ones? – Assisted living facilities are another form of RCFE (Residential Care Facility for the Elderly). Typically the primary difference between an assisted living facility and a board and care home is the…
Is Board and Care Home Good For Elders Board and care homes are one type of RCFE (Residential Care Facility for Elderly). They are licensed by the Department of Social Services and must meet all applicable state regulations. Board and care homes typically care for no more than 10 patients at any given time. Typically board and care facilities are…
Patients and Patient Representatives are Entitled to Medical Records A common question that we are asked is, “Can I have access to my elderly mother’s medical records?” The short answer is yes if you hold the Durable Power of Attorney (DPOA). Cal Health & Safety Code § 123110(b) states: Additionally, any patient or patient’s representative shall be entitled to copies…