Elder Law

How Resilience Affects Seniors

Published on: September 19, 2014 | by Ettinger Law Firm

A large scale study recently published by The Gerontologist looked at the effects of the fuzzy concept, resilience, and how it impacts the lives of seniors. The surprising results of the study showed that this intangible concept can have a major effect on aging seniors‘ lives.

What is Resilience?

Resilience is a concept that is difficult to define. The study’s lead author described resilience as “how people manage adversity and hardship over the life course.” As one U.S. Supreme Court Justice once said about pornography, we know it when we see it.

A Better Flu Shot for Seniors

Published on: September 11, 2014 | by Ettinger Law Firm

For the last four years, doctors, pharmacies, and medical clinics have all offered seniors a higher dose version of the annual flu shot. At the time that the vaccine was released the science was lacking but the hope from medical professionals was that the higher dosage would provide better protection for the elderly. Now, the first studies on this version of the flu shot are in, and the results are looking positive.

Higher Dose Flu Shot

The annual flu shot for seniors, known as Fluzone High-Dose, contains up to four times the amount of antigen found in the typical flu shot. Antigens are chemicals within the shot that stimulate the immune system. Previous research has shown that the increased antigens in the Fluzone produced a greater antibody reaction in seniors. This is significant because as the body ages the immune system becomes less effective.

Medicare Ratings Allow Nursing Homes to Game the System

Published on: September 9, 2014 | by Ettinger Law Firm

Only one-fifth of all 15,000 nursing homes in the nation hold the distinction of a five star rating by the Medicare system, but an examination into the process has found that many top ranked nursing homes have been given their rating due to incomplete information regarding the conditions at their homes. This misinformation has an effect on the facilities’ residents, potential consumers, and investors regarding the communities.

Medicare Nursing Home Ratings

The Medicare ratings system is considered one of the best ways to evaluate nursing homes in the country. When nurses and doctors discharge patients from the hospital, they often use the ratings in referral decisions. Insurers also look at the ratings when creating preferred insurance networks. Medicare ratings are also the first metric that investors and lenders look at when deciding whether a nursing home is a safe bet.

Couples Divorcing to Save on Long-Term Health Costs

Published on: September 5, 2014 | by Ettinger Law Firm

Elderly couples are divorcing at a higher rate than ever before for a surprising reason: soaring medical and long-term care costs. These expenses are being aggravated by longevity and uninsured risk from a lack of long-term care insurance. Although these senior couples still care for each other very much, the cost savings from divorce are inflicting the least amount of damage when compared to other financial options.

Medicare and Medicaid

Seniors are now turning to divorce to stave off financial ruin trying to qualify for Medicare and Medicaid coverage. In terms of Medicare coverage, the program only covers 100 days of nursing care. If you or your spouse needs long-term nursing care you must either pay out of pocket until your assets fall beneath a certain threshold or tap into your long-term care insurance if you have it.

How to Complain to Medicare

Published on: September 3, 2014 | by Ettinger Law Firm

The Centers for Medicare and Medicaid Services says that it reviews more than 100,000 complaints and appeals every year. Beneficiaries of the programs file around 16,000 complaints relating to hospital care and discharge orders as well as 18,000 complaints against nursing homes, home health services, and hospice programs. Another 30,000 complaints and appeals are specifically geared towards the Medicare Advantage programs. How Medicare handles its complaint and appeals process is no trivial matter, and the program has recently revised its complaint process.

Updated Medicare Complaint Process

On August 1, Medicare made a change to its complaint filing system: it added new, toll-free numbers to call to lodge a complaint. The new phone numbers represent a larger change in the Medicare complaint system. Each state used to have a quality improvement organization, or Q.I.O. Up until August 1, these organizations worked with providers on issues like hospital readmissions or preventing infections, reviewed beneficiary complaints, and expedited appeals.

Eroding Gains from Part D Medicare

Published on: August 27, 2014 | by Ettinger Law Firm

When Medicare was expanded in 2003, the expansion that established prescription drug coverage was called a “promise, a solemn promise, to America’s seniors.” Part D Medicare officially took effect in 2006, but still some seniors were afraid of falling into the infamous “doughnut-hole” coverage gap.

Initial Benefits of Part D

In Part D’s first few years, national data has shown that the program had helped seniors make progress with their prescription drugs. Overall, out of pocket costs decreased for medication, seniors took their medication more regularly, and were less likely to forego basics like food or heat in order to afford for their prescriptions.

Nursing Home Offering Care for Elderly Drug Addicts

Published on: August 21, 2014 | by Ettinger Law Firm

The Jewish Home Lifecare nursing home is starting a new program later this month geared towards patients suffering from both elderly ills and addiction issues. This unusual rehabilitation program is the first of its kind in the country. Traditionally, nursing home patients that have the complication of alcohol or prescription pill addiction are considered “undesirable admissions” and have been a population that nursing home communities have shied away from.

Why Elderly Addiction is Dangerous

Elderly adults often have addiction issues that go unnoticed. It can stem from a lifetime of drug and alcohol abuse or come from a recent misuse of doctor prescribed pharmaceutical drugs. Alcohol abuse can be particularly dangerous because as a body ages it metabolizes alcohol differently. In addition, it can cause serious interactions with any medications that a senior may be taking. A general stigma surrounding the subject also prevents people from discussing the mental illness in the elderly that can come with substance abuse.

Getting Nurses Back in Nursing Homes

Published on: August 18, 2014 | by Ettinger Law Firm

With the name “nursing home” most people assume that registered nurses are always on the premises. However, some of the time that is not the case and in certain nursing home facilities, most of the time. This is because of an old law from 1987, and lawmakers today are attempting to rectify the situation.

Old Registered Nurses Law

In 1987, a federal law was enacted that required registered nurses to only be on-site at nursing homes for eight hours per day. This rules applied regardless of the size of the facility. Supporters of the law at the time realized that in a building of sick and ailing elders a health crisis could arise at any time, but the legislation required compromises to be passed that included reducing registered nursing hours.

When Elderly Parents Lose Their Independence

Published on: August 15, 2014 | by Ettinger Law Firm

Whether it is moving to a retirement community, nursing home facility, or simply closer to the kids the changes associated with moving an elderly parent or relative can be fraught with stress and logistically challenging. There are few transitions in life more difficult for a person than when a senior needs to give up their home and independence. Giving up a house and friends of many years is an emotional and difficult experience for everyone involved.

Easing the Transition

There are many different ways to ease the transition for your loved one, but the most important is giving the older adult the opportunity to make their own choices about the decision. In addition, planning ahead for this type of transition is also a big help for everyone involved. Making plans early, instead of waiting for an emergency to hit, goes a long way in minimizing the stress for everyone.

Court Says Caregivers Cannot Sue Alzheimer’s Patients

Published on: August 12, 2014 | by Ettinger Law Firm

The California Supreme Court ruled that people suffering from Alzheimer’s disease are not liable for injuries that they may cause to paid, in-home caregivers. The court ruled in favor of a couple sued by their in-home caregiver when she was hurt by the wife, who suffers from Alzheimer’s disease.

Facts of the Case

In the California case, Gregory v. Cott, the facts were undisputed. In 2005, Bernard Cott hired Ms. Gregory as a paid, in-house nurse to help care for his wife, Lorraine, who was suffering from Alzheimer’s disease. Ms. Gregory had worked with other Alzheimer’s patients in the past and was specifically warned that Ms. Cott could be combative by biting, scratching, flailing, and kicking.