Caregiving

Senior Health Issue: Dehydration Can Lead to Serious Health Problems, or Death

Published on: February 17, 2014 | by Ettinger Law Firm

Improper, inadequate hydration or dehydration of residents living in nursing home facilities is one of the most common forms of nursing home negligence and abuse that occurs in the United States. Elderly individuals are more vulnerable to becoming dehydrated due to their advanced age. Sometimes the medications elder people take, or physical ailments that they may have can make dehydration even more likely in certain individuals. Many nursing home residents depend on nursing staff members to provide them with adequate hydration, especially those residents who are immobilized or are unable to communicate when they are thirsty, either due to English language barriers, inability to speak or cognitive impairment. Dehydration is a sign of nursing home abuse, and should be reported immediately.

Common Signs of Dehydration

There are many signs and symptoms commonly associated with dehydration, many of which are easily noticeable upon visual inspection of the affected individual. The most common signs include dry mouth, dry skin, cracked lips, fatigue, confusion or mental incompetence, very dark urine and constipation, or a loss of appetite. If you are visiting a loved one in a nursing home and they ask you for fluids or complain about being thirsty, it may be a sign that your loved one is receiving inadequate hydration and can be a sign of neglect by the nursing home staff.

Did You Prepare for That?

Published on: January 24, 2014 | by Ettinger Law Firm

Screenwriter and director Woody Allen once said, “There are worse things in life than death.” Becoming incapacitated and unable to make medical treatment decisions for yourself may be one of those things. The case of Terry Schiavo is a perfect example of the problems that can arise when one does not plan for incapacitation. Following Mrs. Schiavo’s hospitalization and being found incapacitated, an emotional battle erupted between Mrs. Schiavo’s husband and her family over whether she would continue to receive life-sustaining treatment.

Good estate planning is all about preparing for the unthinkable. While a will or trust addresses what happens once you die, what about if you become incapacitated and unable to make your own medical decisions?

The Health Care Proxy – The Unsung Hero of Estate Planning

New York Elder Care: Seniors Caring for Other Seniors

Published on: January 7, 2014 | by Ettinger Law Firm

The looming (or on-going) senior care “crisis” has many New York families worried. The population is aging, in need of more care, and there is no agreement on who will provide that care or pay for it. The demographic details are repeated so often that it is becoming cliche to reiterate how the percentage of the population over 65 year old (and over 80 years old) is growing steadily. In other words, there are not just more seniors, but there are fewer young adults.

Filling the Ranks

Interestingly, some elder care advocates are noticing a unique trend among the caregivers–they are aging as well. Other seniors are stepping up to fill the void, taking care of individuals with more physical ailments than themselves. As a Star Tribune story on the subject quipped, “The new face of America’s network of caregivers is increasingly wrinkled.”

Bucking the Trend – County-Run Nursing Homes

Published on: December 18, 2013 | by Ettinger Law Firm

News regarding New York nursing home care in recent months has centered on one development–the privatization of formerly public-owned facilities. In the past, most New York counties owned and managed their own facilities to provide long-term care for seniors in their community.

However, due to a range of factors, those homes became significant financial weight on county budgets. Local officials looking for ways to get out of the red increasingly decided to sell off their nursing home operations to private companies. The idea often made intuitive sense, considering the facilities often cost the county millions more each year than they brought in. New York Medicaid reimbursement amounts often fail to cover the actual cost of providing support to each senior resident.

However, the privatizations have worried many elder care advocates who wonder if the quality of care will decrease post-sale. Thus far it is hard to say with certainty if private homes automatically provide lower quality care. It remains incumbent upon each family to investigate the quality of each individual home to find the location that is the best fit for your elderly relative.

Onondaga County Officially Transfers Ownership of Nursing Home to Private Firm

Published on: December 6, 2013 | by Ettinger Law Firm

The changing face of New York nursing home care continued this weekend as another county officially got out of the elder care business. As reported by Syracuse News, the Van Duyn Home and Hospital was transferred by Onondaga County to the “Upstate Services Group” — a private company that owns at least eleven other New York elder care facilities.

This transition was in the works for quite some. The news report explains how the facility has long-been plagued by accusations of poor care on top of acting as a huge financial burden for the county itself. In fact, Van Duyn was under intense scrutiny from federal regulators for its poor caregiving track record. That is on top of more than a dozen private civil lawsuits filed by former residents and their family members against the county alleging negligence.

The financial issue combined with care quality concerns led many to suspect that the 500-bed facility would be shuttered. However, with this transition to private ownership, it appears the the facility is safe–at least for now. Interestingly, one of the main concerns with sales of public facilities to private companies is the risk of a decrease in quality for residents. However, in this case, because of Van Duyn’s poor track record in the past, there were less complaints of that nature.

New Tech Tools Changing Elder Care

Published on: November 25, 2013 | by Ettinger Law Firm

The look and feel of elder care in the United States is changing. In the distant past, most care was provided by friends and family members at their own homes. Later, larger facilities (nursing homes) were built to provide more consistent care to all seniors, especially those without options for family support. Now, however, care is shifting back to the home. This change is pushed by many factors, including the rising costs of nursing home care and the preferences of individual seniors to avoid institutionalized living.

More Options Than Ever

One interesting driver of the change are advances in technology which offer increasing support options available to seniors living at home. A Huffington Post story explored the different ways that these tools are helping improve elder care. While some of the most advanced systems are still in the works, many simple tech tools are already being pushed out to greatly improve senior services.

AARP to Hold Forum on “Modernizing Medicaid”

Published on: October 15, 2013 | by Ettinger Law Firm

Debate and discussion around the ideal setting to care for older individuals has raged for decades. The trends are somewhat cyclical.

In the distant past, virtually all aging took place at homes. “Traditional,” nuclear families were more common, and so seniors who could no longer live on their own almost always moved in with family members. Long-term care facilities were virtually non-existent.

However, seniors who did not have available family caregivers or who needed more support than caregivers could provide were left in dire straits. The growth of various senior housing locations filled the gap. These separate spaces catered exclusively to senior needs, ideally providing better, more efficient care without overburdened family support networks.

Continuing Trend: Private Investor Buys New York Public Nursing Home

Published on: October 10, 2013 | by Ettinger Law Firm

The face of long-term care in New York continues to change. In the past, when seniors were in need of close, around-the-clock care their main option was to move into a skilled nursing home in their community, usually owned by the county itself. These public facilities long acted as the main source of institutional support for ailing seniors.

But things are changing. For one thing, many more seniors are being proactive about their long-term care, creating elder law estate plans that ensure they have more options, including at-home care that allows them to age in place.

On top of that, more and more county owned and operated nursing homes are being sold off to private investors. Finances are at the center of the switch, as tight local budgets are making it very difficult for local policymakers to justify losing significant funds year over year on this care. Recent reports have underscored the situation, noting that virtually all of the county-run nursing homes in New York are operating in the red.

Two More NY Nursing Homes Fined for Poor Care

Published on: September 6, 2013 | by Ettinger Law Firm

Late last month we shared information on New York’s performance in a national Nursing Home Report Card. A non-profit organization compiled the list using a mountain of government data related to staffing ratios, inspection results, and more. Sadly, New York did not come out of the examination looking that great. In fact, the overall state nursing home care was given a grade of F and listed as one of the worst places for long-term care in the country.

Importantly, this condemnation of the state’s general care does not mean that every facility in New York is substandard. There are many very high quality facilities that work diligently to meet the needs of all New York seniors who need assistance on a daily basis.

However, the report is a reminder that there are vast differences in quality between homes. Simply picking any facility will not due. Those who want to guarantee quality support for elder loved ones need to take time to investigate options and make educated choices. Finances often play a role in available options, and so families are encouraged to explore long-term care insurance and similar strategies to ensure resources will be available for this care down the road.

New York to Join Medicare-Medicaid Coordination Pilot Project

Published on: August 28, 2013 | by Ettinger Law Firm

Many New Yorkers are known as “dual eligibles.” This refers to residents who qualify for both the New York Medicaid and Medicare programs. The majority are individuals who are over 65 years old with some sort of chronic medical issues. Residents seeking out long-term care, like a nursing home stay, are frequently dual eligibles.

There has long been mass confusion about the most efficient way to provide care for these individuals; working through both systems can be an administrative nightmare. Medicaid and Medicare serve different populations, have different requirements, and operate in different ways. As a result, individuals seeking support from both often “fall through the cracks,” receiving less than they are entitled.

To tackle the problem, a few states are joining in on a Center for Medicare and Medicaid Services (CMS) pilot project to coordinate coverage for dual-eligibles. As reported this week by Modern Health, New York is joining that list of states, becoming one of six to participate in the “Financial Alignment Initiative.” The project was called for by the legislation which has gained the colloquial term “Obamacare.”