Articles Tagged with Elder Abuse

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A 9th nursing home patient has died as a result of power outages caused by Hurricane Irma in Florida.  The power outages caused the air conditioning to stop working and as a result the facilities reach dangerously hot temperatures.

Nursing home residents at the Rehabilitation Center at Hollywood Hills in Hollywood, FL were evacuated from the nursing home last Wednesday morning after the medical staff from the nearby Memorial Regional Hospital began to see nursing home patients in the emergency room with “extraordinarily high temperatures.”  Some of the patients who were admitted to the hospital had temperatures of up to 106 degrees. Once hospital staff realized something was wrong at the nursing home, they began evacuating patients from the nursing home to the hospital on stretchers.  A lack of backup power is being investigated as a main factor that contributed to the deaths

Around the country, facilities have been caught unprepared for emergencies that don’t come close to the severity of a hurricane like Irma that hit Florida earlier this month.  Nursing home inspectors issued 2,300 violations of emergency-planning rules during the past four years.  536 of those citations were for failure to maintain comfortable and safe temperature levels for residents. In addition, a third of U.S. nursing homes have been cited for failing to inspect their generators each week or to test them monthly.

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More than 1 in 4 cases of possible sexual and physical abuse against nursing home patients went unreported to police, according to a government audit. These unreported cases violate a federal law requiring immediate notification of nursing home abuse.

The Health and Human Services inspector general’s office issued an “early alert” on preliminary findings from a large sampling of cases in 33 states.

Auditors identified 134 cases in which emergency room records indicated possible sexual or physical abuse, or neglect. The incidents spanned a two-year period from 2015-2016.

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Pennsylvania Attorney General Josh Shapiro is part of a coalition of 16 State Attorneys General and the Attorney General from the District of Columbia who sent a letter to the Centers for Medicare & Medicaid Services (CMS) hoping to protect nursing home patients.

These states are recommending that CMS keep in place its current pro-patient rule.  The existing rule protects patients’ rights by prohibiting pre-dispute arbitration clauses in nursing home and other long-term care contracts.  The current regulation was adopted on October 4, 2016, by CMS and a proposed rule would reverse the prohibition on binding pre-dispute arbitration clauses in Long-Term Care facility contracts.  Pre-dispute arbitration clauses require seniors to waive their rights to go to court to resolve any disputes with a nursing home.

In the August 7th letter, the Attorneys General stated in their comments “Pre-dispute binding arbitration agreements in general can be procedurally unfair to consumers, and can jeopardize one of the fundamental rights of Americans; the right to be heard and seek judicial redress for our claims. This is especially true when consumers are making the difficult decisions regarding the long-term care of loved ones. These contractual provisions may be neither voluntary nor readily understandable for most consumers. Often consumers do not recognize the significance of these provisions, if they are aware of them at all, especially in the context of requiring care in a nursing home.”

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In our last blog post we talked a bit about signs that it might be time to consider assisted living for an aging loved one. In this post, we will talk a bit about Nursing Home Abuse and Elder Abuse. How often abuse occurs, what to be on the lookout for, and what to do if you think an aging loved one has been abused or is being abused.

Unfortunately, nursing home abuse and elder abuse are common and take many forms. According to the Office for Victims of Crime, roughly 5 million people over the age of 65 are victims of elder abuse or nursing home abuse each year. Abuse can be physical, psychological or sexual. Abuse can also take the form of neglect and financial exploitation. Abuse can come from anywhere, even friends and family members. Even more frightening is that only 1 in 24 cases of elder abuse or nursing home abuse is reported to authorities.

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