Have you heard of the Elder Justice Act? The Elder Justice Act was passed in an effort to combat the growing problem of elder abuse and neglect in this country. Current statistics show that one of every 10 elderly persons are victims of elder abuse or neglect. The Act was designed to provide federal resources to prevent, detect, intervene in, and prosecute elder abuse. Sadly, however, before adjourning for the holidays, Congress failed to provide funding for the Elder Justice Act. Without government funding, the Elder Justice Coalition is unable to carry out the intent of the act. This is especially sad when you consider that the amount needed to fund elder justice equates to only five percent of what was recovered last year by the federal government in fraud and waste of Medicare and Medicaid.
Elder Justice Act
Last week, the Detroit Free Press reported on the wholesale robbery of an elderly couple through financial fraud. The terrible part, besides the loss of the money is the fact that it was perpetrated by a long-term friend of theirs. Just because you know someone, or are related, does not mean that you are “safe” with regard to a financial transaction.
The way to minimize risk is to always ASK and get an opinion from an outside person, a CPA, lawyer or even your local bank manager.
Ask before you give.
TELL THE TRUTH
In two cases our law firm is handling, we have discovered what I would describe as willful and deliberate failure on the part of nursing homes to report deaths of residents that occurred as a result of gross negligence on the part of the nursing home. In one case involving the choking death of a resident in Macomb County, the administrator of the facility advised the State that the matter had “slipped his mind.” In another matter involving medication error, a facility in Brighton decided that it had no obligation to report the error which ultimately resulted in the death of the resident because it “hadn’t received a medical report” from the hospital where the resident was taken following the incident. Senate Bill 462 was recently introduced in the Michigan Senate. It mandates and requires that individuals employed by nursing homes “immediately” report abuse, mistreatment or neglect to the State. Unfortunately, the Senate bill provides no meaningful sanction in the event that reporting does not occur. It is unfortunate that the State Senate feels the need to pass a bill requiring that nursing home administrators tell the truth about what happens to their residents. If it is going to pass such a bill, it should put in meaningful sanctions.
Laughter Therapy for the Elder
Everyone has heard the saying “Laughter is the best medicine,” but researchers are finding that this expression holds more truth than we have ever thought possible. The benefits of laughter are being continuously uncovered, and the elderly may benefit the most from this delightful form of expression. Many therapists believe that laughter releases fear, light anger, and even boredom. The elderly especially have issues with all three of these feelings and emotions. It was Victor Borge who said, “Laughter is the shortest distance between two people.” This is an interesting idea for the elderly, who so often feel isolated and abandoned. Even when elderly people have little in common with each other, they can share laughter and therefore feel a sense of camaraderie. Laughter helps cause the release of endorphins, which are the body’s natural “feel-good” chemicals. Endorphins enable one to have a sense of well being. It is true that opportunities for laughter can be limited in elder care facilities. That is why the concept of an “ElderClown” (or humor therapist) has been shown to be beneficial. ElderClowns are professionally trained performers who have been helpful in assisting people with Alzheimer’s or dementia to cope with issues of agitation. After several sessions with an ElderClown, studies have shown that these patients are better able to cope with changes such as new surroundings and increased difficulty in their communication skills. Remember another well-known saying “Laughter is good for the soul”……Well, because of its benefit to one’s over-all immune system, it is also being proven to be good for the body. For more information, go to http://ideacorkboard.wordpress.com/2011/09/23/elder-clowns-how-humor-can-benefit-the-demented/ or www.laughtertherapy.com
BED RAILS ARE NOT ILLEGAL
In response to recent articles in the Detroit Free Press about abuses in long-term care facilities, a reader who claimed to sell furniture to nursing homes wrote a letter to the editor claiming that nursing homes in Michigan are fined if side rails are used for residents, This is total nonsense. Side rails are considered a restraint under both state and federal law. By statute in Michigan, a facility must obtain the written consent of a resident or a resident’s family in order to use side rails, MCL 333.21734. The law permits residents and consumers to be informed of the safety risks involved in the use of side rails. Side rail use requires proper assessment and consent. By no means is their use illegal.
Many times, state and federal regulators levy substantial and, more often, minimal ($100) fines against facilities when serious injury and deaths occur. The question is how meaningful these fines are and whether they help change how the facility operates.
The Miami Herald ( 12-31-11) recently featured an article regarding assisted living facilities in Florida that received fines as a result of deaths caused by a variety of negligent acts, such as scalding, but yet continued to receive enormous amounts of public funding for resident care. The point of the article focused on the fact that regulatory fines and sanctions do little to correct poor practices when millions of dollars continue to pour into the facilities accused of resident neglect and misconduct.
Paying millions to facilities that fail to provide safe and adequate care raises serious questions about our regulatory system.
Perhaps closing more facilities in cases of egregious misconduct would prompt positive changes in an industry that treats fines like parking tickets.
Caring for a loved one with Alzheimer’s disease usually becomes a full-time, stressful job, but often is most rewarding. After a new survey recently released by the National Family Care givers Association (NFCA) and Forest Laboratories, Inc. was conducted, the NFCA reflects “Sometimes, the best advice for family caregivers comes from those who have walked the path before you. After listening to 674 Alzheimer’s disease family caregivers who participated in a 2011 national survey, NFCA selected the following tips that may help you navigate life as a caregiver.” These tips will guide the care giver to improve communication. They have put together tips to communicate with your loved one, with the doctor and with family, friends and other support networks. These tips also reveal the need to take care of yourself and ask for help. To learn more about the National Family Caregivers Association and to read the Tip Sheet, go to the following link: www.thefamilycaregiver.org
A new survey that was recently released by the National Family Care givers Association (NFCA) and Forest Laboratories, Inc. revealed what family care givers fear most. The first fear was their loved one’s general health and physical decline, and the second fear was that Alzheimer’s will take away their loved one’s ability to communicate. A decline in communication with their loved ones is also a major source of stress and interferes with the care givers ability to fulfill responsibilities and obligations, in what is considered to be an incredibly stressful job in itself. The survey noted that despite these obstacles, most care givers surveyed adopted new ways to communicate with those they provide care for and also ” feel they have become better communicators themselves.” Observing facial expressions and body language and utilizing pictures and photos are the most common alternative methods when communication becomes more difficult to achieve. To read more on this survey, Alzheimer’s disease or about the NFCA, go to http://www.nfcacares.org/press_room/detail.cfm?num=165.
Many nursing homes and extended care facilities include a garden on their grounds. Gardening has long been recognized as a healthy activity for persons of all ages. Tending and nurturing plants from seedling to maturity is good for the body, mind and spirit. On September 7, 2011 the Centers for Medicare & Medicaid Services (CMS) and the Food and Drug Administration (FDA) have clarified their policy in a letter in regard to bringing the harvest to the facility table. As long as proper care is taken to prevent food-borne illnesses by using safe food handling practices, food harvested in the facility garden can be used for consumption for the resident population. Nursing homes with gardens are compliant with the food procurement requirements at 42 CFR483.35(i), Sanitary Conditions, F371 as long as the facility has and follows policies and procedures for maintaining the gardens. Surveyors should request the policy and procedures for maintaining nursing home gardens if there is an outbreak of food-borne illness and the facility’s primary food service source has been ruled out as the cause of the outbreak. Facilities should report all outbreaks of food-borne illnesses to their local health department. If there are local or State requirements related to food grown on the facility grounds for resident consumption, facilities are to be in compliance with the specific State requirement. The good news is that residents can now benefit from a variety of garden fresh foods they have grown themselves, derive an alternative work-out option for strength and flexibility training, and enjoy a happy calmer state of mind. Click the following link to read the entire CMS documents:
http://www.cms.gov/Surveycertificationgeninfo/downloads/ SCLetter11_38.pdf
MAGGOTS
We are preparing to file suit on behalf of a resident of a nursing care facility in Beverly Hills who was rushed to Beaumont Hospital recently because her airway was clogged with maggots which are actually fly larvae.
It is inconceivable how a nursing home resident’s airway and mouth could be contaminated by maggots. The thought alone is too horrendous for most individuals to deal with, let alone a helpless nursing home resident who was choking on them.
olsmanlaw
