albany elder care lawyer

THE BASICS – FEDERAL LAW

In 1965 federal law enabled the federal government to license nursing homes, under two categories; skilled nursing homes and intermediate care facilities that required less medical care and more personal care. In 1980 Congress enacted the Civil Rights of Institutionalized Persons Act which covered any state facility or institution that provides nursing, intermediate or long term care that is residential in nature or which has custody over the residents. Soon after Congress investigated larger issues involving the quality of life and services provided, or the lack thereof, provided in short, intermediate and long term care facilities. Part of that investigation included a request for a comprehensive study on the matter. By 1986 the Institute of Medicine published an exhaustive investigation of nursing homes in the United States. By 1987, Congress enacted the Nursing Home Reform Act. The animating factor of the Act was to insure that all nursing home residents receive care to help them achieve their best level of mental, emotional and physical care.

PROTECTIONS IN PLACE

In many ways, growing older is not easy. Neither is choosing the right long-term care solution. The range of options vary from complete in home care to skilled nursing facilities. The resources you have to pay for your care, will in part guide the choices you have for long-term care, including individual care, boarding homes, assisted living, nursing homes, among others. The following are some common options for long-term care needs.

Long-Term Care Facilities and Communities

Personal In-Home Care. In-home care can range from full time, live-in nursing professionals to periodic care provided by private services and not-for-profit organizations. Personal in-home care is highly desirable for many, but equally as expensive and often cost prohibitive. Because in-home care can be an effective solution for the health of an individual, some states have implemented options for staying home while receiving Medicaid benefits.

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NURSING HOME RESIDENTS’ BILL OF RIGHTS

Options for Long-Term Care