Ombudsmen provide a valuable service to the elderly. Not only do they serve as advocates to nursing home residents, they also investigate and resolve complaints and make unannounced visits to nursing homes to ensure residents’ needs are being met. An estimated 40 percent of nursing home residents have no family or friends to visit with or advocate for them.

A spokesperson with Ombudsman Services of Northern California says mandatory reporting of incidents has dropped though the number of residents in the homes has increased – a formula which doesn’t make sense. The group is concerned that the 1,600 northern California nursing homes and assisted living facilities regularly serviced by the program will begin to see a rise in senior abuse.

Instead of visiting assisted living facilities once a month and nursing homes weekly, since the budget cuts ombudsmen visits have dropped to once a year for assisted living facilities and monthly for nursing homes.

According to the report, Assemblyman Dave Jones, (D) Sacramento, has co-authored legislation to restore ombudsman funding. That bill would direct money to the ombudsman programs from fines levied against care home operators who break the law.

SOURCE: Nursing Home Abuse › CA long-term care facilities suffer from cuts to ombudsman program

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The victim, 54, was a resident of Raintree Convalescent Hospital. He suffered from dementia and schizophrenia which caused him to have difficulty swallowing his food. When he moved into the home in June 2006, doctors ordered that he follow a soft diet and required supervision while he ate as he “stuffs his mouth with food.”

On Nov. 19, 2008, the man was given a lunch of spaghetti with two whole meatballs, tossed salad, roll, two cookies and milk. A certified nurse’s aide served the man in his room and then left him alone to eat. While the man ate, the meatballs became lodged in his throat. He walked out of his room and up to a nurse in the hallway. He was pale and unable to speak and then collapsed. Nurses performed the Heimlich maneuver but were unable to dislodge the food from the man’s throat. Cardiopulmonary resuscitation was performed but the man died.

The cook and the nurse’s aide were fired for negligence and the nursing home conducted a dietary training for all nursing staff. Though new procedures were put in place, the home received a AA citation from the California Department of Public Health. AA citations are rare and are the most serious penalty a California nursing home can receive, according to the California Advocates for Nursing Home Reform.

SOURCE: Nursing Home Abuse › Nursing home receives steepest penalty in resident’s death

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Sen. Kotowski says the basis of the bill is to ensure that problems at nursing homes get fixed. The Illinois Department of Public Health would be charged with overseeing the system and deciding if homes were using the refunded fines to remedy problems. If passed, Illinois would become the only state to refund nursing home fines.

“We really want to use the enforcement system to fix the problem,” said Terry Sullivan, a representative with the nursing home advocacy group Health Care Council of Illinois. “Why take funding away from the facility just when they need it?”

Wendy Meltzer, director of the Illinois Citizens for Better Care said the idea of refunding moneys paid by nursing homes that have been cited for abuse or neglect in “the rape or death of a resident is ‘morally repugnant,’” according to the news report.

The bill will also siphon funds from a special state fund that currently pays for Public Health employees to monitor troubled nursing homes and who take temporary control over troubled facilities.

Facing mounting opposition, Sen. Kotowski says he is willing to modify the legislation to please both sides for the greater good of those living in nursing homes.

SOURCE: Nursing Home Abuse › Illinois nursing home advocates fight proposed bill to refund fines

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The cost to refund the program would come from penalty accounts, or accounts paid into by nursing homes who have been fined for not complying with federal and state laws.

Feuer also introduced a bill that requires nursing homes to prominently post quality care ratings so that individuals seeking long term care for family members can make educated decisions on the care options available to them. The ratings are based on a federal five-star program that rates nursing homes based on health inspection results, staffing levels and quality measures.

A third bill introduced by Feuer seeks to establish the Reverse Mortgage Elder Protection Act of 2009, offering new rights for senior citizens considering reserve mortgages. Reverse mortgages are a special type of loan that gives homeowners access to their home’s equity in cash payments to supplement income. While reverse mortgages can be beneficial, they may not always be in the best interest for seniors. The bill establishes new guidelines between consumers and reverse mortgage salespeople in an effort to protect seniors from being taken advantage of.

SOURCE: Nursing Home Abuse › California lawmaker proposes bills to protect vulnerable seniors

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Three deaths that occurred in three weeks on the same floor of the 240-bed home for the developmentally disabled have raised the suspicions of Nebraska Advocacy Group. “This demands an immediate response, not a promise to do something in the future. They’ve had a history of un-kept promises,” Nebraska Advocacy Group litigation director Bruce Mason told the newspaper.

The group sent a letter last week to state leaders including Gov. Dave Heineman. They have yet to get an answer. In the letter, the group recommended that the state make arrangements to have residents treated at Omaha hospitals or by medical professionals.

The Gage County Attorney’s office is investigating the three deaths for any criminal wrongdoing. But the advocacy group wants the investigation to go further. The group wants to know a cause of death and establish liability in hopes of preventing more deaths in the future.

A U.S. Justice Department investigation revealed that about 200 cases of abuse and neglect have been reported at the Beatrice home since 2006. It concluded that the center had a “cultural undercurrent that betrays human decency at the most fundamental levels.”

The problems at the state-run home now put Nebraska in jeopardy of losing its certification and thus $29 million in federal funding. To keep the federal government from pulling the certification, the state appealed the feds decision. A ruling is expected this summer. Meantime, Gov. Heineman is proposing spending $17 million to improve problems areas at the center and get it back up to par so that keep the federal funds.

If the home loses its funding, state officials may role to shut the center down all together.

SOURCE: Nursing Home Abuse › Advocacy group demands answers from state

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Working off of a grant from the Kansas Department of Aging, researchers trained staff at three Kansas nursing homes on what sexuality means to older adults, identifying barriers to fulfilling the sexual needs, finding strategies to help residents and how to discern appropriate from inappropriate sexual behaviors. That includes identifying the root of the patients’ needs – be it sexual desire or simply loneliness – and also understanding if a sexual overture or relationship involves abuse or is borne of real need.

“It wasn’t like we hadn’t cared for these needs in the past, but it was liberating to some folks to have an open discussion with university researchers,” says Lillian Claassen, vice president of health services at one of the homes that received training. “It empowered people to think about how they could help folks.”

Advocates say that sex education in nursing homes will become more important as more baby boomers age and need skilled care. The researchers say that guidelines need to be in place to ensure that sexuality in nursing homes is dealt with in a positive way.

“The ultimate goal should be to value the desires and needs of people who have lived long, productive lives and do not forfeit their rights simply because they have aged,” says Robin Dessel, a national expert on dementia, in the report.

SOURCE: Nursing Home Abuse › Sexual intimacy among residents not unusual in nursing homes

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Assisted living facilities differ from nursing homes in that they provide less skilled nursing care and in general have fewer state and federal regulations under which they must operate.

Watts is questioning whether there are enough state inspectors to oversee the assisted living homes in South Carolina, placing the most blame on the state Department of Health and Environmental Control (DHEC). Mental health advocates and the Sheriff’s Association agree that more needs to be done to ensure residents are well cared for and out of harms way.

Complaints have soared in the area, so much so that the DHEC last month hosted a meeting with home operators, state agency representatives and advocates. DHEC turns blame back on the operators, stating in a Sept. 26 memo that home operators are “often unable to achieve the level of care necessary” to comply with state laws, according to The State story.

A DHEC spokesman says that more inspectors are needed to sufficiently oversee the homes on a regular basis. For the past two years, DHEC has asked the General Assembly for funds to hire more inspectors, but those requests were turned down.

SOURCE: Nursing Home Abuse › Coroner questions number of deaths at assisted living facilities

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Jack Crow believes the first call should be to the police.

Crow believes his wife was abused in an Oklahoma nursing home; an investigation determined that her injuries were due to a fall. Regardless, Crow is joining forces with the nonprofit organization A Perfect Cause to make crimes against nursing home patients immediately reportable to police, according to Oklahoma City’s KOCO 5.

A Perfect Cause is a victim’s advocacy organization fighting “to end needless suffering and preventable deaths while protecting the rights of citizens from corporate greed and negligence.”

Crow argues that standards for crimes against nursing home patients shouldn’t be different from the rest of the public. “If she (Crow’s wife) had been assaulted at a KMart, we wouldn’t talk about the proper response. We would have called the police,” he told KOCO 5.

The state’s district attorney and attorney general’s office agree. “When you have a crime scene, there is evidence,” said Scott Rowland, of the Oklahoma County district attorney’s office. “There is witness testimony in these crime scenes.”

A committee was formed to look into the proposal.

SOURCE: Nursing Home Abuse › Nursing home advocates fight to change crime-reporting statutes

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But John fought back. He saw a poster in his California nursing home about the Ombudsman program, and he made a call. Ombudsmanship Program Director Kathi Toepel paid John a personal visit and, after insisting they talk privately in his room, he asked her to save his toes.

“I’m 92 years old and want to leave this world with the 10 toes the good Lord gave me,” he said.

Toepel discussed John’s case with his doctor and expressed that John was, in fact, able to make his own healthcare decisions. He wanted to save his toes, and Toepel made sure that his will was done.

John lived another 14 months, but he died the way he wanted, with his body intact. “While I understand these are very difficult decisions for family, friends and caretakers to accept, I know that John died with the dignity and respect he deserved,” Toepel said.

Ombudsmen provide a valuable service to the elderly. Not only do they serve as advocates to nursing home residents, they also investigate and resolve complaints and make unannounced visits to nursing homes to ensure residents’ needs are being met. But this valuable program is in jeopardy in California.

According to the Union Democrat, California Gov. Arnold Schwarzenegger used a line item veto to cut the Long Term Care Ombudsman Program out of the budget. The program receives about half its budget from the state. The rest is made up through federal funds and other sources.

While program officials hope the missing state funds will be raised by the community, they are meeting to find ways to through the situation.

This is a tragedy for all nursing home residents, especially the estimated 40 percent who have no family or friends to visit or advocate for them.

SOURCE: Nursing Home Abuse › California budget cuts jeopardize nursing home resident advocates

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Medicaid, which is the state-federal body that provides health coverage and nursing home care to the poor, pays nursing homes millions each year for treating patients who qualify for Medicaid. Advocates for the elderly contend that nursing homes have successfully lobbied politicians to make qualifying for community care more difficult, thus forcing these older or disabled individuals to move into nursing homes when they are independent enough to live at home, with relatives or in assisted living.

Individuals who qualify for Medicare and who become sick or disabled have no trouble qualifying for nursing homes, but are finding it far more difficult to receive Medicaid-supported services, the report states.

Advocates cite a 1999 U.S. Supreme Court case known as the Olmstead decision, in which the court ruled that the unjustified placement of individuals in institutions such as nursing homes amounted to discrimination under the Americans with Disabilities Act. The decision stated that states must provide community care if it can be accommodated and would be appropriate.

“There’s a lot of concern that the nursing home industry is very powerful in many states and has made sure that a lot of Medicaid dollars go to institutional care as opposed to home and community-based care,” says an attorney at the Center for Medicare Advocacy.

SOURCE: Nursing Home Abuse › Florida Medicaid recipients want to choose where to live

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