Pennsylvania Nursing Home Abuse Lawyer Blog

On Feb. 18, the Schuylkill Elder Abuse Prevention Alliance held a training session at St. Clare of Assisi in Saint Clair. The purpose of the training session, that was attended by about a dozen local clergy members, was to help make the local clergy aware of resources for investigating reports of elder abuse.

In an article on the RepublicanHerald.com, Eileen Barlow, an alliance member and ombudsman for MidPenn Legal Services, said elder abuse can include financial exploitation and neglect, in addition to physical and emotional abuse.

"If suddenly Mary Smith isn't in church, and you know Mary Smith was always at church a couple of times a week...that individual may not leave their home at all," said Barlow.

In the article, one clergy member recounted the story of an elderly parishioner whose weekly donation check began to bounce. It was discovered that the woman's son who was living with her was taking money from her checking account.

The article noted that financial exploitation is becoming more common, since the crime can be easy to commit and difficult to catch.

The alliance held similar sessions for law enforcement officials, medical professionals, and financial service workers. They hope to reach out to nursing homes and funeral directors in the future.

McKnight's Long-Term Care News reported on their website that on March 1, a federal database of potentially dangerous caregivers would become available to healthcare providers. However, it's been reported that many disciplinary records are missing from it.

The database consists of records from various state agencies as a way to identify dangerous caregivers before they can get healthcare jobs in different states. But when the information in the federal database was compared to information on state websites, discrepancies were discovered. It was found that some states only filed reports occasionally; that many missing disciplinary actions against workers occurred within the last few years; and that some states filed incomplete records.

Because healthcare workers can be license in multiple states, background checks can be difficult to conduct. The article also mentioned that many state licensing agencies are reluctant to share information. Kathleen Sebelius, the secretary of Health and Human Services, has sent a letter to the nation's governors asking for assistance in filling in the missing information.

In January, we blogged that Carbon County's board of commissioners was putting the county-owned Weatherwood Nursing and Rehabilitation Center up for sale. Now, a recent article on StandardSpeaker.com points out a pattern of unloading county-owned nursing homes as a way of reducing budget woes.

According to the article, 50 Pennsylvania counties once operated nursing homes; but that number has decreased to 31. Lackawanna County will close on the sale of the Lackawanna County Health Care Center in Olyphant on March 1. And Luzerne County began leasing its former nursing home, Valley Crest in Plains Township, to an outside agency back in 2006. However, Schuylkill County's nursing home, Rest Haven in Schuylkill Haven, will remain in the hands of the county.

Because federal and state reimbursement payments for Medicare and Medicaid have decreased and operating costs continue to rise, county homes are not as financially self-sustainable as they once were. But some question whether the short-term gain is worth it.

"It's a difficult decision. I think the jury is still out on the long-term effect it may have," said Michael J. Wilt, executive director of the Pennsylvania Association of County Affiliated Homes.

Compared to the county, private operators may be able to generate more revenue for the same services while still maintaining excellent care for residents. But Wilt is concerned with what could happen if private companies start to see a decrease in reimbursements from Medicare and Medicaid in the future.

"Who will take care of the elderly, infirm and indigent when that happens?" said Wilt.

We'll continue to follow this trend and hope that it is beneficial to residents, but only time will tell.

One of the biggest concerns an older family member may have about moving into a nursing home can be the perceived loss of his or her freedom. Meeting a friend for lunch, enjoying a cup of coffee, or staying up late to watch a movie are just a few of the things that they worry they will miss. But an article by Jennifer Zamora on Culpeper, Virginia's StarExponent.com states that "when a person moves into a nursing home or any long-term care facility, he or she still has the right to make choices about their own life."

The article goes on to say that residents do not lose any rights when they move into a nursing home. In fact, nursing home laws are made to protect the rights of residents. Through a written, agreed-upon care plan, nursing homes are required to provide services that maintain good health and emotional wellbeing.

Some other rights that residents should be aware of that are mentioned in the article include: the right to receive information and to be informed; the right to participate in the planning of care; the right to decide what social and religious activities to take part in; the right to decide what to wear; the right to privacy in care and confidentiality with regard to medical, personal or financial affairs; the right to be treated with dignity and respect; the right to be free from abuse and neglect; the right to be protected against transfer or discharge, unless for specific reasons; and the right to raise concerns or complaints without fear of punishment or retaliation.

If a nursing home resident needs help to exercise their rights, he or she may need the support of a family member or friend for assistance.

According to Zamora, it's important to remember that "when a person moves into a nursing home or any long-term care facility, he or she still has the right to make choices about their own life."