Little Known Nursing Home Law
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- Опубликовано: 1 июн 2024
- 🔍 Ever wondered how you can make a difference in your loved one's care at a nursing home? Join me in this eye-opening conversation with Mr. Martin Solomon, a legal expert specializing in nursing home advocacy. Discover the little-known federal regulation, U.S. Code of Federal Regulation 483.15.C6, that empowers families to create a "Family Group" within nursing homes.
📌 Mr. Solomon shares invaluable insights based on years of representing neglected residents and families. Don't miss out on this empowering information that every family member with a loved one in a nursing home should know.
🌐 Explore more resources and tools to kickstart your Family Group at NursingHomeFamilyGroups.com.
👩⚖️ For legal assistance in Arizona, visit NursingHomeAdvocates.com
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00:00 Introduction and Importance of the Topic
00:23 Family Group Regulation in Nursing Homes
02:27 Initiating and Forming a Family Group
04:00 Functions and Power of Family Groups
05:19 Enforcing Family Groups and Addressing Concerns
08:01 Potential Retaliation and Dealing with It
10:00 Scope and Limitations of the Regulation
11:59 Cases of Neglect and Abuse in Nursing Homes
After listening to this I think a great idea is for a NH/ Memory Care Center should have a handbook with pertinent info such as who is the provider and their contact info/ who owns the facility etc.
Thank you, Attorney Solomon!
The issue I saw when my mom was in assisted living & memory care in a couple of places was families were afraid to speak up fearing retribution & worse care.
Exactly. I know my multiple meetings with the Director of Nursing had absolutely no benefit to my mother, and may have resulted in increased neglect. Despite my DAILY visits, when we finally transferred her out of there to a facility in another state, she was down to 90 lbs from 140, and had severe pressure sores. Also, there is frequent turnover of patients, usually due to death, and the families you have managed to organize for a group may not be eligible or want to continue with any further involvement. These places are a travesty. Taken over by profit-seeking corporations that bleed the Medicaid funds, always short-staffing to keep costs down. I'm sure the attitude is that the patients will be better off dead, and in too many cases, this assessment is right. Our end of life customs are awful.
What about ombudsman joining the family groups ? They advocate for the patients in facilities. Most facilities have the information and phone number posted where it can be seen.
@@paulaonyenyeonw6323 I had no luck with the ombudsman, though this was already 18 years ago, so MAYBE things are different. The problem was, it was just ongoing neglect that was happening to all the patients, due to the way the corporation under-staffed the place. The ombudsman is really in no position to take the entire corporation to court. Unless you have a disastrous grievance, that any jury would find negligence and pay up, there's not really anything that can affect these companies. I was just lucky that after we paid down enough to qualify her for Medicaid, it was safe enough to transfer her to another state, where one of my sisters lives. That place was run SO much better, I believe a not-for-profit. They cared for her so well that my sister felt safe only checking on her a few times a week, and she lived another six years. Though I don't think that really did her any favors, at least she was cared for properly.
@@paulaonyenyeonw6323 I was an Ombudsman in our State. It's bogus. The Ombudsman were treated like we were the enemy. We found the State officials/investigators were not interested in taking anyone to task for the horrible care or for making sure problems were fixed. Everything this man discusses is exactly what is going on in most areas. Families are ignored, residents are usually not able to speak up for themselves and even when families or residents do speak up, they fear, with good reason, that it will be taken out on the resident. Another huge problem, they do not have enough help. In the end, it's the CNA's who are ready to shatter because of the impossible work load, that are blamed and even threatened when something goes wrong and of course it's going to when you have CNA's and LPN's with too many residents to care for. Another thing.... that list this man talks about here staff levels are posted, it's fake. The system is totally broken.
@@YeshuaKingMessiah And, your point??? I not only have stayed with them, I've made visits at night and I also have family members who work in nursing homes. Your message is moot.
Good luck getting families to form support groups, when they don't even visit for Christmas or special days. A few are very involved but it's not the majority.
From Toronto, Ontario, Canada. My LO’s long term care home has a Family Council. They hold meetings mostly monthly, on Sunday afternoons. Guest speakers have included the Administrator, the dietician, the physio department, the on-staff physician’s assistance, the head of palliative care, the life safety officer. You get the idea! It’s informative for the family, sometimes a gripe session, a support group for upset families, and a moment for a coffee and a cookie with families whose LO is across the hall.
This is NOT the same thing. They are marketing to you. This is not a private, non-staff family meeting which is allowed in the USA.
Dr. Natali, Thank you so much for this interview! You don't see much information on this topic for the general public.
Thank you so much for bringing this information to your viewers and subscribers.
This is huge!
Thank you so much. Although we are not there needing a nursing home, who knows what the future holds. Education is needed about every aspect of care in a dementia patient's life. I greatly appreciate these resources, so thanks again to both of you.
How I wish I knew that years ago when my mother in law was in assisted living and my mom in a nursing home!!!!!!! I had a few battles and had to report both facilities !!!! This is powerful information Thank you!!!!
People should live with and care fir their elderly parents and all these problems will be gone. A couple will be happy to have lots of kids but frown when asked to take in just one parent...
@@ligbzd837 that is a lovely thought and it is possible to do that unless the family member needs specialized care or they may be violent due to mental decline
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You continue to provide the most enlightening information to the needs of caregiving and best interests for loved ones. Thank you for your heart and insight of needs.
My experiences with my husband with Alzheimers in nursing homes here in California have been horrific. Something needs to change drastically in this country to assure that nursing homes do not need constant monitoring in order to care properly for our loved ones. It's just wrong to pay them to provide kind compassionate adequate professional care and then we have to make sure they are actually doing that by going there frequently. My experience is that it just adds another burden to our lives when what we need is respite. This country has it all backwards and it's really outrageous how rampant nursing home neglect and abuse is. Having to form groups to get any results from administration is just too much. If an individual speaks up to advocate for their loved one, there should be laws saying that the administrator MUST respond or they will face serious consequences. Yet all they do is ignore and gaslight the advocate. It is the most frustrating situation imaginable.
Bobbi, does your husband's nursing home have a Family Council?
I wish I had know about the family group when my Mother in law was in nursing home I had to try to control her care by myself and I’m sure I had some impact but it was relentless and I even had to change my visitation times to catch the staff off guard.
Cameras should be allowed in every room to catch the abusers
That would be a privacy issue
in one party states, they are allowed - look up your state to see if you live in a one or two party state.
We have multiple cameras in our mother’s room. Unfortunately we don’t see what she does in the common areas because they don’t have cameras there. 🤷♀️
Thank you. I was just diagnosed with Alzheimer's so know I will end up in Nursing home
Not necessarily my mom is taking some meds and has her independent life back. She’s doing puzzles 🧩, living alone, and managing her own affairs.
@@donnathompson739 Wow, that gives me hope! Thank you sooo much! Is she on meds and if so can I ask what?
Look at methylene blue
Research thr carnivore diet.
In Florida, we have resident council and family council regulations. The resident council meets monthly and family council meets quarterly(at least in the facilities I worked in,) The social worker should conduct the resident council(as secretary) , In my case, as activity director, I was always assigned the job of organizing and documenting these meetings. The administration strongly discourages negative documentation from meetings, making it hard on the monitor.
There should be zero staff at this meeting, much less having the staff be the "facilitator" or "secretary" !!
There should be no staff at family council meetings. If you are having "resident council" meetings that is merely/likely for show, since no negative documentation is "allowed."
This is incredibly important information! Thank you so much for posting this! While I don’t need it (yet) this is definitely something that I would do.
Very helpful advice! My concern is who is paying for the attorney to come in and speak with the family group.
My girlfriend’s mom was very neglected while her Mom was in a nursing home in AZ. Wish we’d known earlier about Martin. A lot of valuable information.
As a nurse in a nursing home, the bottom issue is so much time is spent satisfying government mandates, such as relentless computer charting, that little time is left for families loved one. The direct care nurses stay overwhelmed with responsibility, without authority.
Osha needs more surprises show up visits ( weekends , after 6 pm.etc
MIND BLOWN! Thank you for this!! ❤
Retaliation and a lack of alternative facilities here in Florida are huge concerns for me. Plus we all have fewer skilled nurses around after the rona. This sounds good, but my sense is in real life you'll either just want to be involved with your loved one on a daily basis or keep your person in a home setting
The strength in numbers of family members with a shared experience can't be denied. Family Councils work to make systemic change. A 3-pronged approach (residents, families, and Ombudsmen) and staying resident centered produces results when everything you do and advocate for is quality of life centered!
Guess I was ahead of the bar as I fired my parent’s doctor at the nursing home but sure wish we had been part of a family group. It was a nightmare overall.
Very informative. Thank you!
Worked LTC as a travel nurse…many states…never saw a home that didn’t advise PoA/. RP about family groups…never saw groups being refused if area was reserved in advance. In some facilities space is short and may be reserved for family/patient events.
Thank you so much!!
There are some worries here though. When I worked in Nursing homes the State Agencies let the facility know about any supposed "surprise" inspections and who in the families are talking to the agencies. There is a good chance your loved one will be required to leave the facility.
Yes, any complaint on behalf of a resident always got the response, "Perhaps your father would be happier elsewhere." This meant remove him so that they could bring in the next resident on the miles and miles long waiting list. I you didn't, they would tend to neglect your loved one. Horrid business model!
Thank you so very much Natalie for your generosity in sharing information like this. May God bless you this Holiday season and through the years.
Thank you again
Regina
This is powerful information.
I know all about bedsores, my mom had one within days of being put in the nursing home
Thank you for a great video!
Glad you liked it!
Thank you for this info!
Does this apply to memory care and assisted living communities (private pay); or just actual nursing homes?
In the video that question was answered: it’s just nursing homes
it's for long term care residences right now BUT ask your state and federal legislators for this law to apply to Assisted Living and Memory Care, too - they ask you for your vote, now you can ask them to do the right thing for residents in these residences!
Great conversation and information. TY!
Glad you enjoyed it!
Thank-you for this good information :)
If this isn’t applicable to assisted living memory care communities, what options are out there for families who want to make a positive impact for change in this communities? It’s also a great news.
Form a Family Council and ask your State and Federal legislators for help in applying these laws to Assisted Living and Memory Care residences. They ask you for your vote, now it's your turn to ask them for help!
Does this include private or public senior living health care?
There's no link to the nursing home care groups website. Typing it in a search bar doesn't work.
What about a parent with a Guardians that lives at home and they have a caregiver doing their job for them and our family can’t get any help or recommendations for our mother and I and my husband live with her through the courts. The caregiver is horrible and fights with our mother and the Guardian’s won’t listen to anything we explain to them is happening at the house??? It’s completely unacceptable and there’s nothing we can do to help our mother???
Our mother is paying for her care from these people! They are not doing what the more experienced caregivers say or help them either?? We are at a complete loss
I would uld contact the caregivers co, and tell them how bad she is. They should replace her! 🙏🙏🙏
Ombudsman too
@@ruthread8403 oh yes!!! I have an aid and literally had to contact the ombudsman to help. And boy did he.
Look and see if you have senior care health dept and if a nurse or carer is available to come see your mom. Mom had an eldercare lawyer handle her and they. got a nurse and then a aid come and do my mother's wishes.
The law does include Assisted Living facilities?
Are there laws that require or mandate this number of showers a week the resident must get?
Who specifically do you contact at the Dept of Health services?
Contact your State Ombudsman
Couldn't they just meet at someone in the families house or apartment ?
My dad stayed in Independent Senior Housing as long as possible and was in Assisted Living for one year and in the nursing home for one year--all with the same organization. Anyone else would have moved him up in care much earlier than I did but I still think he was better off. For one thing, the food he prepared for himself was healthier than what he got in an institution!
How demanding is it to ask that your mom's heels be floating at all times, to ask that her face be washed, to ask that her call button be where she can see and reach it, to ask that she be offered a drink of water, to ask that her brief be checked every 2 to 3 hours, to ask that her blinds be raised so she can see outside?
it's not demanding and your Family Council can work with your Ombudsman to ensure these "asks" are completed daily.
@@jenineferrari3213 the ombudsman is a joke, they all have each other's backs, buddy buddy. Nothing ever gets accomplished. I just found out yesterday that they have been giving my mom a medicine that she said no to, with a POA, I also said no. But you know, they know so much better than us. Nevermind the fact that this is illegal. I am livid!!
Ohio Law requires that a nursing home allow cameras in rooms that can be online to the family 24 7
I can't even watch 😢
Physical therapy is the cruelest kind of joke. My mother would be walking today if she had received the therapy she needed. But instead she's unable to anything for herself
What about Tn. Because they took my brother against his will and would not let him see any one. and no one would let me see him or speak freely to him. They killed him and now they are accusing me of things that was not done nor do they have any prof of it. saying family I am the only one he had. and they do retaliate.
Problem to add is most nurse in homes are understaffed.
It is still better to die young instead of moving to elder prison