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Nursing Home and Abuse Information: Frequently Asked Questions

What housing options do senior citizens have who can no longer live alone?

Housing options generally fall into three categories, based on the level of service and/or care provided: 1) independent retirement housing, providing meals, activities, house-keeping and maintenance to more active seniors; 2) "assisted living," providing housing along with supportive services for seniors needing assistance with personal care or medication; 3) housing providing nursing care services for seniors who become temporarily ill or who require long term health care.

What is a nursing home?

A nursing home can be defined several different ways. Typically, a nursing home is defined as a multiple bed facility that provides 24 hour care for its residents who are immobile, have long term illnesses, mental health disabilities and / or need various types of medical care that can be handled most effectively in this type of setting.

What is the average cost of a nursing home, per patient, per year?

On average, patients spend around $37,000 a year, but costs can exceed $50,000, depending on the needs of the patient.

Does either Medicare or Medicaid pay for the patient's stay in a nursing home?

Medicare provides Federal health care insurance for patients 65 and older. Medicaid gives funding to low-income families. Both programs will pay for some nursing home care in certain situations. On average, 44% of nursing home care is paid by the patient.

How many people over the age of 65 are living in the United States?

Currently, there are approximately 34 million people over the age of 65 living in the U.S. One in twenty of those Americans need some form of assisted living.

What agencies regulate nursing homes?

The Federal and state governments regulate nursing homes and similar healthcare facilities. In 1987 the Federal government initiated a regulatory program requiring facilities to abide by certain standards. Additionally, the 1987 legislation subjected facilities to spot inspections and sanctions for poor performance (including license suspension or revocation, hefty fines, and denial of Federal funds). Among other rules, the Federal regulations mandate that residents:

In addition to government regulation, industry groups such as the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and the National Committee on Quality Assurance (NCQA) offer accreditation programs that essentially give facilities a "stamp of approval" if they meet the groups' guidelines.

What type of abuse is commonly found in nursing homes?

The National Center for Elder Abuse reports that neglect of our senior citizens' basic needs is the number one type of elder abuse. Physical abuse by caregivers ranks as the second most common form of elder mistreatment. Almost one million senior citizens are victimized each year.

What is the most prevalent form of abuse in nursing homes?

General neglect of seniors is the most prevalent type of abuse. Neglect is the result of a lack of interest in the well being of the senior citizen. While physical, sexual, and mental abuse are the result of intentional and purposeful acts of the staff, neglect may occur when a caregiver simply does not care. Caregivers neglect their duty when they fail to provide some necessary element of the resident's survival. Such neglect can include anything from failing to provide food & water to not paying the heating bill.

Do sexual abuse and mental abuse exist in nursing homes?

Unbelievably, sexual abuse of the elderly is not unheard of in assisted living settings. The abuse can be at the hands of other residents or the staff. Some typical types of sexual abuse include sexual battery (including vaginal and anal intercourse without consent), forced nudity, and inappropriate photography.

Mental abuse of the elderly, while perhaps not as visible as physical abuse, can be just as, if not more debilitating. One must be vigilant to uncover mental abuse, as the consequences of such abuse may not be immediately apparent. Mental abuse includes, but is not limited to, verbally harassing or intimidating the resident, intentionally not speaking to the resident, and isolating the resident from friends and family.

What are lawmakers doing to protect the elderly?

The Vulnerable Elder Rights Protection Program was created by Congress in the 1992 Amendments to the Older Americans Act (OAA) to protect and enhance the basic rights and benefits of vulnerable older people. The Administration on Aging (AoA), which administers the program at the Federal level, encourages its nationwide network of 57 State and Territorial Units on Aging (SUA's), their 655 Area Agencies on Aging, and 221 Tribal Organizations to focus their efforts on issues affecting those elderly Americans who are the most socially and economically vulnerable. The program brings together and strengthens four advocacy serivces--the Long-Term Care Ombudsman Program; Programs for the Prevention of Abuse, Neglect and Exploitation; State Elder Rights and Legal Assistance Development Programs; and Insurance / Benefits Outreach, Counseling and Assistance Programs--and calls for their coordination and linkage in each state. The program also calls on the SUA's to take a holistic approach to elder rights advocacy by coordinating collaboration among other legal services programs and encouraging advocates in each state to address those issues of highest priority for the most vulnerable elderly.

How often do falls in nursing homes occur? zzzzzzzz

Around 50% of the 1.5 million people in nursing homes fall at least one time each year. About 1,800 of these falls result in death. Among individuals 85 years and older, 20% of deaths caused by falls occur in nursing homes.

What are the consequences of these falls?

Approximately 2-6% of nursing home falls result in bone fractures and about 10-20% of the falls result in other serious injuries. To an elderly person, a fall can have serious physical and emotional effects. A fall can leave them with lower physical functioning and possibly a disability. Furthermore, a fall can lessen the individual's self-confidence, and a constant fear of falling can result in further physical decline, depression, feelings of helplessness, and isolation.

Why do falls happen more frequently in nursing homes?

Generally, nursing home residents are frailer than other older adults who live independently. They usually are older, more impaired, and have greater limitations on their daily activities. These are some key factors associated with falling.

What are the most common causes of nursing home falls?

There are many reasons why residents in nursing homes fall. Among the most common causes are weakness and problems with gait; these things are responsible for 24% of all nursing homes falls. Environmental hazards such as wet floors, poor lighting, lack of bed rails, clutter, improper bed height, and improperly maintained or fitted wheelchairs account for another 16% of these falls. Also, certain kinds of medications can increase the risk of falls and fall-related injuries.

What can be done to prevent falls in nursing homes?

Because so many factors play a part in nursing home falls, prevention requires the interaction of medical treatment, rehabilitation, and alterations in the environment. Intervention with physical conditioning and rehabilitation focusing on developing the resident's strength and endurance can also help prevent falls. Additionally, nursing homes can improve residents' mobility and safety by providing more stabilizers for residents to grasp, and by modifying existing bathroom and shower facilities.

Should I contact an attorney if a loved one has been neglected, abused, or otherwise injured in a nursing home or other assisted living facility?

Perhaps. It may be important for you to contact an attorney who can help you protect your loved one's legal rights. Only a licensed attorney can evaluate whether you have a case worth pursuing. Keep in mind however that there may be time limits (Statute of Limitations) which affect your ability to sue.

How much does an attorney evaluation cost in these types of cases?

Nothing! Attorneys associated with InjuryBoard.com will evaluate your case free of charge. If a participating attorney agrees to handle your case, you will owe no fees or other costs unless that attorney recovers money for you.

How do I submit my case for a free evaluation?

Simply click on the free Ask an Attorney button and complete the online intake form. An attorney will evaluate your case and respond to you via email.

-- Article Courtesy of InjuryBoard.com

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