Of course there is no set answer to this question, as assisted living cost can vary depending on the location of the facility, what they offer, whether it\’s connected with a religious affiliation and of course whether it is privately owned, or is run by a large assisted living company.  It may also depend on how much assistance the person needs of course.

There is a tremendous amount of difference in assisted living cost if the assisted living care is very limited. For example assisted living in a private home may comprise solely of meals, bathing and dressing. In assisted living facilities where the residents have their own rooms or apartments, there may be sumptuous meals offered off of a menu, special diets may be available, all manner of activities may be offered, as well as entertainment and even heated swimming pools with instructors provided. Many of the assisted living facilities are closer to an opulent cruise ship, complete with full service dining rooms with tablecloths and a huge crystal chandelier.

As you may have surmised, the assisted living cost of each of these will actually be miles apart. Keep in mind too that assisted living is used to fill in the gap between receiving home care and then a nursing home. Nursing homes typically have a nurse\’s desk, rails up and down corridors and in general look much like a hospital setting because the residents there need constant medical supervision.

The assisted living cost is generally thought to be approximately half of the cost of a nursing home. This may or may not prove true if the assisted living facility is in a luxurious apartment style facility. Some assisted living facilities also have a concomitant nursing home offering, which would prove very important when it is time to graduate to such.  In this manner, the resident is not moved out of the facility into brand new surroundings that may not please them at all, but rather they remain on the same grounds that they are familiar with, but with more care.

Put another way, an assisted living cost will vary too based on the physical aspect of the care needed. Assisted living is in no way a nursing home, and whereas one person may only need to be helped with taking their medicine each day, another may need help with going to the bathroom. Be sure and ask about such things when you are considering assisted living for your own loved one so that they do receive the care they need.

Article Source: http://www.articlesbase.com/elderly-care-articles/what-will-it-cost-to-place-a-loved-one-in-an-assisted-living-facility-2535674.html

About the Author

If you are interested in accessing additional information about assisted living facilities in California or across the country, check out www.800Seniors.com. After discussing your needs or the needs of your loved one, the individuals at 800Seniors will provide you with a full range of options and information to ease the decision making process.

Assisted living or residential care is a type of arrangement that provides personal care services and assistance to daily living. It is closely similar to nursing home care, but the only difference is the independence freely granted to the residents as they can receive services in their own residential setting.  The activities that are included in assisted living can range from bathing, dressing, toileting, walking, and etc.

The scope of services under assisted living varies from state to state due to licensing requirements. The state regulations that allow those services offered under assisted living facility are not standardized. Some types of assisted living services are offered in one state but many or may not be available in other states. However, a recent ruling is pursued to mandate the state legislature to come up with unified model of assisted living for all states.

Assisted living normally suffices the inadequacies in home care and nursing homes. Before, a person had to stay in a nursing home even though the services deprive a person with independence. Nowadays, assisted living benefits those who want home-like environment while receiving assistance for daily living or treatments without a compulsory 24-hour nursing care.

Assisted living facilities are more comfy than those in hospitals or nursing homes. Newly renovated facilities are themed in apartment style with private rooms or suites. Some assisted living facilities look as if you were in five-star hotel with cafeteria, gardens, atriums, and more. A cozy dining area is where seniors gather together and share experience while having a good meal. The environment is tranquil and relaxing for seniors that make them feel at ease even though far from home. A lot of social activities such as outings and games are organized for seniors to mingle with other adults and to keep them physically fit. Overall, the architecture in assisted living facilities is more decent than those in nursing homes and hospital, and the services offered are far better.

Many assisted living facilities allow home health agencies to provide services for its residents. Some assisted living facilities have in-house nurse or therapist to assist elders with health problems. Some states allow assisted living to include some kind of nursing home services. The main reason why some type of nursing care is allowed is because many residents particularly those 65 and above are frail and more prone to sickness, so nursing care should be readily available in the facility.

Some assisted living offers specialized care for certain ailment/s. For example, there are assisted living facilities that focus on Alzheimer\’s patients. Facilities rendering services for Alzheimer\’s normally have specialized type of care and supervision to help the patients survive the sickness.

However, not all ALF residents need care or assistance. Some elders stay there to greet adulthood with full compassion and live simpler life together with the adults who share the same dilemmas. Most residents have chosen to stay in AFL than in retirement communities to secure independence and protection. As they become older, they will need more intensive care that can be provided in assisted living facility. Assisted living always provides home-like environment and experiences for seniors whose years left are counted.

Article Source: http://www.articlesbase.com/insurance-articles/what-is-assisted-living-3342631.html

About the Author

Need more information on long term care policies. Visit http://www.completelongtermcare.com to stay abreast on latest LTC news and get long term care insurance quotes

Assisted living facilities are rapidly becoming the nursing homes of the future. According to the National Academy for State Health Policy, more than 36,000 licensed facilities are operating nationwide.[1] Because there is no common definition for these facilities, however, this number may not adequately reflect their prevalence.

Although most litigation in the long-term-care field over the last 10 years has involved nursing homes, suits against assisted living facilities are mounting. One reason is that these facilities are not regulated by the federal government, and the state regulations that exist are inconsistent and, for the most part, lax in enforcing industry standards.

In an attempt to compete with nursing homes, assisted living facilities are accepting residents with greater medical needs or significant cognitive impairment. Most major chains promote special Alzheimer\’s disease units, but the reality is that staffing in many of these facilities is inferior to that in nursing homes and simply cannot meet the needs of these residents.

Neglect in assisted living facilities can result in falls, fractures, sexual or physical abuse, pressure sores or other skin breakdown, malnutrition, depression, immobility, and even death. For example, one assisted living facility admitted an elderly alcoholic undergoing detoxification who required close supervision and care. An employee allegedly provided him with a lighter and cigarettes, then left him unsupervised. The resident set himself on fire.[2]

In other cases where supervision was severely lacking, people who tended to wander were admitted into facilities that were not set up to prevent this behavior. Wanderers mostly suffer falls and fractures, but some who have ventured out during winter months have died from hypothermia. One unfortunate resident wandered into the path of a moving train and was killed.

In several cases, assisted living facilities accepted severely ill patients who either had or were at severe risk for developing pressure sores, even though these facilities are not equipped to provide the skilled care—including tube feeding, catheterization, and daily turning and positioning—necessary to prevent or treat them. These residents developed severe pressure sores as a result of improper care.

These scenarios are not uncommon, but a lack of reporting requirements, state investigation, and active litigation has allowed assisted living facilities to continue operating under far less scrutiny than the nursing home industry.

Admission criteria

When a facility accepts residents whose needs or acuity levels exceed the staff\’s skill or training, it opens itself up to legal liability. In most jurisdictions, liability can be determined by the state\’s admission criteria.

For example, Virginia regulations prohibit assisted-living facilities from admitting or retaining patients who have stage III and IV pressure sores; who are ventilator dependent; who require nasogastric tubes, intravenous therapy, or injections directly into the vein; and who need continuous licensed nursing care.[3] Other states have similar limitations.[4]

These are some common state law criteria that would preclude a person\’s admission to assisted living facilities:

1. is a threat to self or others[5]

2. has a contagious or an infectious disease[6]

3. requires care beyond the facilities\’ skill[7]

4. requires physical and/or chemical restraints[8]

5. requires 24-hour nursing or other care[9]

6. is bedridden[10]

7. requires specialized long-term care[11]

8. has stage III and/or IV pressure sores[12]

9. requires more than minimal assistance in moving to a safe area during an emergency[13]

10. is less than 18 years old[14]

11. requires help with tube feeding[15]

State regulations that set forth specific admission criteria can be used to set the standard of care in your jurisdiction. Even in states that have no criteria, the community-practice standard would dictate that an assisted living facility may not accept a patient whose needs it cannot meet. However, the lack of case precedent and strong regulatory standards poses significant—although not insurmountable—obstacles to successful litigation.

Case selection

The first step in evaluating your case will be to get the records from the facility, including the signed contract, which should define the duties the facility agreed to undertake.

Most assisted living facilities offer various levels of service. Basic service might include only room, board, and activities. The highest service level might include assessment of physical and mental health, care or service planning (a multidisciplinary process in which various providers come up with a unified plan to address the resident\’s physical, mental, and psychosocial needs), medication administration, and nursing care (assistance with bathing, feeding, and grooming). These facilities are like nursing homes that do not provide skilled care, and arguably they should be held to the same standard of care.

You will also need to submit a Freedom of Information Act (FOIA) request to identify the corporate entity that owns and operates the facility. The license should always be available from the local regulatory agency in charge of licensing and inspecting the facility; it may include information about the scope of services that the facility is authorized to provide.

In your FOIA request, also seek access to results of surveys and inspections of the facility conducted by the local department of social services. Do not expect these reports to contain the wealth of information typically included in such reports on nursing homes: Often they do not include assessments of whether the facility is complying with regulatory standards.

Once you have obtained these records, have a reliable nursing expert review the case. Because many nurses who work in the assisted living industry are licensed practical nurses, not registered nurses, they may lack the background you need, so you may need to retain an expert from outside the field. If a case involves a relatively simple issue like a fall, you may not need a liability expert.

Working with your expert, consider these factors when deciding whether to accept a case:

1. The nature of the resident\’s condition upon admission. If he or she was mentally competent and living independently, contributory negligence and comparative fault defenses will pose significant hurdles.

2. The nature of the contract and duties the facility assumed. If the facility agreed to provide only room and board, the defense will argue that its duties are comparable to those of a landlord in an apartment building.

3. The quality of the relationship between the resident and his or her personal representative. If the resident is deceased, this issue may take on a greater importance: The nature of that relationship may determine what damages are available under the applicable wrongful death act.

4. Whether the family members make good fact witnesses, appear genuinely outraged by the facility\’s conduct, and complained and/or removed their loved one from the facility.

Whether the facility had serious staffing shortages or a pattern of neglecting its residents.

5. Whether the resident suffered a significant injury in the facility that will adversely affect the quality of his or her life in the future, or that caused his or her death.

6. Whether you have strong witnesses and powerful exhibits. Do you have an insider who is willing to blow the whistle on rampant staffing shortages? Do you have color photos of the resident\’s pressure sores or compound fracture?

7. Whether the client has significant economic damages that are not encumbered by a Medicare or Medicaid lien.

8. Whether the defendant is a charitable organization, religious affiliate, or part of a large assisted living chain. Charitable organizations tend to be more sympathetic defendants, and some states have statutory limits on their liability.

Liability theories

Attorneys who file claims against assisted living facilities can be creative in developing liability theories. However, don\’t complicate your case with unnecessary theories, and remember that the scope of discovery may be affected by the ones you advance.

Common law negligence. This is probably the most common liability theory in assisted living cases. Make sure you do not plead breaches in medical or nursing standards of care, or you may face the argument that you have pleaded a traditional medical malpractice case.

Instead, plead the breach of regulatory and/or industry standards that proximately caused your client\’s injury. Because assisted living facilities are not traditional health care providers, these cases should not be subject to damages caps or discovery limitations such as quality assurance privileges that would apply to medical negligence claims. A quality-assurance or peer-review privilege is typically asserted over any documents created to improve the quality of care in that facility—such documents can include incident reports, meeting minutes, or internal memos addressing any problems.

Violations of the state consumer protection or “adult protection” act. Many states have statutes that allow a private right of action for neglect committed in assisted living facilities.[16] Plaintiffs have advanced consumer protection theories even against health care providers,[17] so there should be no reason why such theories can\’t be applied against an assisted living facility.

For example, one U.S. district court upheld consumer-protection and fraud-based claims against Manor Care, Inc., an assisted living provider that allegedly persuaded a resident to enter the facility with misrepresentations about staff ratios and training.[18] Ask your client what representations the facility made, and obtain any marketing brochures.

One advantage to filing under state consumer- and adult-protection statutes is that they allow for recovery of costs and attorney fees. While some states specifically exempt health care providers from such statutes,[19] these exemptions should not apply to assisted living facilities.

Breach of contract. Almost all assisted living facilities require prospective residents to sign a contract as a condition of admission. Scrutinize the contract for waivers of liability or of the resident\’s right to a jury trial. Facilities can assert such waivers whether or not a plaintiff pleads a separate breach of contract claim. Usually such waivers impose mandatory arbitration of all claims, including tort and contract claims.

Most states limit contract damages to foreseeable economic damages, so don\’t plead this as your only liability theory. However, the contract may have required that certain services be delivered to the resident—activities, assistance with daily living, 24-hour supervision—that were not provided. If the resident did not suffer physical injury from the facility\’s failure to deliver services, the defense will argue that evidence of such failures should be excluded at trial. You can argue that this evidence is admissible to prove contract damages and to recover monies for services that were not provided.

The defense may respond that contract damages would be based on speculation, since the plaintiff failed to quantify the services that were not provided. To preempt this argument, have your client provide a good-faith estimate of the percentage of services that he or she did not receive.

If you have a strong negligence claim based on a discrete event, such as a fall that caused a hip fracture, you may prefer to omit the contract claim to avoid confusing the jury with collateral facts and issues unrelated to your client\’s damages.

Negligent hiring and/or retention. Consider this claim when the case involves intentional torts, such as assault, committed by an employee who the defendants knew or should have known was a potential danger to residents. Obtain the employee\’s personnel file early in litigation; if you discover evidence of the defendant\’s knowledge, amend the complaint to include this claim before the statute of limitations expires.

Also consider suing the employee individually. If the same defense firm represents both the employee and the corporation, it will be difficult for the defense to argue that the employee was not operating within the scope of his or her employment.

When the case involves an intentional tort, always check the terms of the facility\’s insurance coverage to determine whether any exclusions apply. If the policy excludes coverage for intentional torts, you may want to dismiss the claim against the employee after you have obtained a ruling that he or she acted within the scope of employment. Then, if you recover damages against the facility under a general negligence theory, this ruling will make it difficult for the defense to argue in a subsequent declaratory judgment action that liability insurance coverage for torts does not apply.

Wrongful death. When there is evidence that the facility\’s negligence caused or contributed to the resident\’s death, you should assert wrongful death and survivorship claims. Also plead any claims for injury that did not contribute to the death with your survivorship claims.

Determine what damages you can recover under the wrongful death statute in your jurisdiction. If the law allows only economic damages, you may decide to forgo a wrongful death claim.

Punitive damages. Economic damages in an assisted living case usually are not impressive because most residents are too old or infirm to hold jobs, and any preexisting conditions that your client has may weaken the compensatory damages claim. Therefore, plead punitive damages whenever possible. Making a punitive damages claim will also provide a basis for exploring the defendant\’s conduct toward other residents who experienced neglect similar to your client\’s. Courts around the country have upheld such claims against nursing homes,[20] and these precedents should apply to assisted living facilities.

Essential experts

In almost every assisted living case, you will need experts to establish causation and damages. Since many residents injured in assisted living facilities require long-term care in a nursing home, consider obtaining a life-care plan from a qualified expert. In most cases, you will need a medical expert to establish causation, support the life-care plan, and testify to life expectancy. When determining whether the facility breached regulatory or community-practice standards in admitting a resident whose needs exceeded its capabilities, have an expert evaluate the resident\’s condition and the relevant admission criteria.

Be prepared for a battle over the admissibility of your experts\’ testimony. Selvin v. DMC Regency Residence, Ltd., a Florida case, is a good example.[21] In Selvin, an elderly resident of an assisted living facility wandered off and was found dead in a nearby canal. The plaintiff alleged two separate theories of liability: The first was a statutory wrongful death action, and the second was based on alleged violations of statutes relating to assisted living facilities.

The plaintiff claimed that the facility had a common law and statutory duty to supply at least the level of services and care that all licensed assisted living facilities generally furnish residents of the decedent\’s age and health condition.

The plaintiff sought to introduce expert testimony that specific safety precautions that the defendant had not taken were the industry standard, including building a fence to prevent elderly residents from wandering near a dangerous area of the canal. The trial court excluded this testimony, finding that the facility had no legal duty to fence off the canal to the general public.

The appellate court reversed, finding that the facility\’s undertaking to furnish certain services created a legal duty to protect residents. The court also held that the trial court had erred in excluding the expert\’s testimony regarding industry standards.

Experts may also be helpful in cases involving falls, depending on the facts of the case. If the facility\’s staff simply dropped the resident during a transfer or made some other obvious mistake, an expert may not be necessary.[22] In more complex cases, an expert will help the jury understand the facility\’s negligence in failing to implement adequate fall-prevention measures.

For example, if the resident came to the facility with multiple risk factors for falling—such as dementia, unstable gait, arthritis, or a history of falls—that were never assessed or planned for, and fell while wandering the hallway, retain an expert to discuss how the standard of care for fall prevention was breached. To establish causation, the expert will testify that if the facility had followed appropriate standards, the fall, more likely than not, would have been prevented.

As the use of experts in assisted living cases is an area of first impression in many jurisdictions, educate the court with a trial memorandum addressing your expert\’s testimony before trial.

Liability for negligence by assisted living facilities is a new and evolving area of the law, and attorneys who litigate these cases should strive to establish favorable precedent for those who follow. These claims, like those involving nursing homes, help protect the rights of elderly Americans by ensuring that the industry follows standards to keep facility residents safe.

Notes

[1]ROBERT L. MOLLICA, STATE ASSISTED LIVING POLICY: 2000, at 3 (Nat\’l Acad. for State Health Pol\’y (Portland, Maine) Nov. 2000).

[2] Holt v. Clarksville Residential Care Ctr., No. 50300430 (Tenn., Montgomery Cir. Ct. filed Nov. 11, 2002).

[3] 22 VA. ADMIN. CODE §40-71-150(F) (West 2003 & Supp. 2004).

[4] For example, Montana law prohibits assisted living facilities from admitting patients who are a danger to self or others (aside from being at risk of leaving the facility), in need of physical or chemical restraints, or have severe cognitive impairments rendering them incapable of expressing needs or making basic care decisions. MONT. CODE ANN. §50-5-226 (2002). Florida law prohibits admission of residents who require 24-hour nursing care. FLA. STAT. ch. 400.426(12) (2003).

[5] See, e.g., IOWA ADMIN. CODE r. 321- 25.23(3)(c)(231C) (2004); TENN. COMP. R. & REGS. 1200-8-11-.05(6) (2004).

[6] See, e.g., FLA. ADMIN. CODE ANN. r. 58A-5.0181(1)(b) (2003); UTAH ADMIN. CODE 432-270-10(5)(b) (2003).

[7] See, e.g., IDAHO CODE §16.03.22- 422.07.a (Michie 2003); OR. ADMIN. R. 411-056-0020(1)(a)(A) (2004).

[8] See, e.g., ARIZ. ADMIN. CODE R9-10-705.1 & .2 (1998); MISS. REGS. pt. I §A-122.1.b(1) & (2) (2003); MONT. CODE ANN. §50-5-226 (2003); TENN. COMP. R. & REGS. 1200-8-11-.05(8) (2004).

[9] See, e.g., N.M. ADMIN. CODE tit. 7, §8.2.19 (B) (2004); S.D. ADMIN. R. 44:04:04:12.01.(1) (2000); WIS. ADMIN. CODE §HFS83.06(1)(a) 4.a (2000).

[10] See, e.g., MO. REV. STAT. §198.073.1 (2003).

[11] See, e.g., N.J. ADMIN. CODE tit. 8, §36- 4.1(f) (2004).

[12] See, e.g., D.C. CODE ANN. §44- 106.01(e) (2) (2004); MISS. REGS. pt I §L-122.1.b(1) & (2) (2003).

[13] See, e.g., 210 ILL. COMP. STAT. 9/75(c)(5) (2003).

[14] See, e.g., D.C. CODE ANN. §44-106.01.(c) (2004); N.M. ADMIN. CODE tit. 7, §8.2.19 (2004).

[15] See, e.g., FLA. ADMIN. CODE ANN. r. 58A-5.0181(1)(k)(2) (2003); MISS. REGS. pt. I §L-122.1.b(4) (2003).

[16] See, e.g., ARK. CODE ANN. §20-10-1209 (Michie 2004); CAL. HEALTH & SAFETY CODE §1430(b) (West 2003); CONN. GEN. STAT. §19a-550(e) (2003); see also D.C. CODE ANN. §44- 105.05 (2004).

[17] See, e.g., Winkler v. Interim Servs., Inc., 36 F. Supp. 2d 1026 (M.D. Tenn. 1999); Chalfin v. Beverly Enters., Inc., 741 F. Supp. 1162 (E.D. Pa. 1989), reconsideration denied, 745 F. Supp. 1117 (E.D. Pa. 1990). But see Dorn v. McTigue, 157 F. Supp. 2d 37 (D.D.C. 2001).

[18] Beaty v. Manor Care, Inc., No. 02-1720-A, 2003 U.S. Dist. LEXIS 25044 (E.D. Va. Feb. 10, 2003). The case gave rise to a detailed memorandum opinion that upheld liability theories based on actual and constructive fraud, violations of the Virginia Consumer Protection Act, and false advertising.

[19] See, e.g., TENN. CODE ANN. §§ 71-6-101 to 71-6-120 (2002).

[20] See, e.g., Tex. Health Enters., Inc. v. Geisler, 9 S.W.3d 163 (Tex. App. 1999) (repeated staffing shortages and other acts of negligence supported punitive damages); Estate of McIntyre v. Transitional Health Servs., Inc., No. 2:96CV00424, 1998 U.S. Dist. LEXIS 13965, at *17-18 (M.D.N.C. May 20, 1998) (defendant\’s knowledge that it was violating several health codes and its failure to remedy those violations might reasonably be found to constitute reckless indifference to residents\’ rights); see also Christopher Vaeth, Allowance of Punitive Damages in Medical Malpractice Action, 35 A.L.R. 5th 145 (1996).

[21] 807 So. 2d 676 (Fla. Dist. Ct. App. 2001).

[22] See, e.g., Walker v. S.E. Ala. Med. Ctr., 545 So. 2d 769, 771 (Ala. 1989) (not requiring plaintiffs to present expert testimony because the alleged breach of care—leaving the bed rail down contrary to doctor\’s orders—was so apparent as to be understood by a layperson).

Article Source: http://www.articlesbase.com/health-and-safety-articles/increased-safety-in-assisted-living-402388.html

About the Author

Attorney who has written extensively on the long term care industry and trial practice.
Now Mr. Downey practices in Washington D.C., Maryland and Virginia representing victims of elder neglect and other torts.

Medicaid planning, using a professional Medicaid planning advisor allows you to correct inequities in the system. Medicaid planning has gotten a bad name because some individuals, who would normally have too many assets to ever qualify for Medicaid, deliberately use it, many years in advance, to give away everything to their family so as to qualify for Medicaid. It is wrong to abuse the system in this way and to use taxpayer dollars to insure an inheritance for the family. And if that person is not anticipating immediate care, this strategy is just plain dumb.

Some Medicaid planners will attempt to discredit other forms of funding long-term care such as using insurance or a reverse mortgage. They do this in order to discourage the public from using these other strategies. The intent is to limit competition ensuring that paying clients will rely entirely on Medicaid planning as a solution. On the other hand, many long term care funding specialists will use the same strategy against Medicaid planners to eliminate competition from their services. These people make Medicaid planners appear as evil or dishonest. Medicaid planning is no different from tax planning. In fact a Supreme Court decision condones honest methods of eliminating income taxes or estate taxes. Tax planning and Medicaid planning both put an additional burden on taxpayers, but one is considered ethical and the other not.

We believe that all strategies have their place in the scheme of things. Medicaid planning fits certain circumstances usually where families are in a crisis mode trying to preserve a few assets such as a house or a savings plan. There is no attempt to take advantage of the taxpayers. Using other strategies for paying the cost of care is much better for a younger generation wanting a plan that will allow for home care, assisted living and a choice in care services.

Tom Day, http://www.longtermcarelink.net/eldercare_medicaid_planning.htm

Aging Avenues can help you with qualifying for Medicaid without spending all your assets. Give us a call 317-731-3315

Investigative Report Questions Five-Star Rating System for Nursing Homes
From Elder Law Answers

How reliable are the ratings given nursing homes under the five-star rating system that the federal government recently instituted? Not very, according to an investigative report by the Massachusetts magazine Commonwealth.

In an in-depth discussion of the rating system, the report highlights numerous instances in which facilities received above-average overall ratings despite being cited for serious deficiencies in care, some of which resulted in serious injuries of residents.

The rating system, which was launched in December 2008 by the federal Centers for Medicare and Medicaid Services (CMS), gives nursing homes a rating of between one and five stars. A five-star designation means the facility ranks “much above average” compared to other facilities in its state, while a one-star designation means that a facility ranks “much below average” in the state. The rankings, which are updated monthly, are based on a nursing home’s performance in three areas: quality measures, nurse staffing levels and health inspection reports.

The problem, according to the report, is that the rating scheme uses a quota system to rank facilities. Nursing homes that rank in the top 10 percent in health inspections in each state receive five-star ratings in that rating category, while facilities in the bottom 20 percent receive one-star ratings. This “grading on a curve” approach means that homes with serious deficiencies can still score high as long as their inspection records are better than most other homes in their state, while in another state a home with few problems could nevertheless receive a mediocre or poor rating.

Adding to the confusion is that the star ratings are heavily weighted by the health inspections, which are conducted by state surveyors and, according to the report, “vary considerably in scope and depth from state to state.” The report points out that Massachusetts inspectors give nursing homes relatively few deficiency citations, resulting in “grade inflation” where the top 10 percent of homes would not necessarily be as outstanding as the top facilities in another state.

Disturbed by these issues, last year the attorneys general of 30 states sent a letter to CMS asking it to suspend and revise the rating system.

Nursing home consumer advocates appear conflicted about the rating system: on the one hand, they see it as a useful tool for consumers, but on the other they concede that it includes some four- and five-star homes that have been cited for negligence that resulted in deaths or injuries of patients.

According to the Commonwealth report, Edward F. Mortimer, technical director of the Survey and Certification Group for CMS, “says the star ratings should be only the starting point in the search for a nursing home, and he urged consumers to dig deeper into the information provided on the website and to visit homes in person.”

Despite problems with the ratings of individual facilities, one overall trend that has emerged from the rating system is the general superiority of non-profit nursing homes compared with for-profit homes, the report points out.

http://www.elderlawanswers.com/resources/article.asp?id=8259&Section=4&state=

In almost all cases, there are going to be reasons that your loved one may not want to consider the option of in-home health care. Therefore, it is important before relying on home care Durham NC to provide part or full responsibilities for the patients care to listen to your loved one’s concerns. Take time to note what they may be worried about and go over these during interviews while searching for just the right care service.

One of the first arguments you may hear is that your loved one doesn’t believe they need help. So, in these cases while discussing senior care Chapel Hill NC that you let your loved one know having outside help is more for your peace of mind- which in almost all situations is the reason for seeking care. Taking care of our loved ones isn’t about physically being there 24/7 but knowing that when we can’t be there someone competent and committed to their wellbeing will be but without taking away their feelings of independence.

Home care not only provides in-home medical care but can also take on some of the errands outside of the home, if the recovering loved one is a bit apprehensive about a new person in the house. As the care worker becomes more familiar to the loved one, trust and friendship is gained and can facilitate a working relationship that benefits both the patient and the family.

While recovering at home, most physicians strongly suggest that the family employ outside assistance. Therefore, if there may be other reasons that the patient balks at this kind of service, the family can simply counter that argument with the physician’s release orders from the hospital. Usually this will end the resistance and facilitate the transition from hospital to home care, in Durham, Clayton, or Chapel Hill NC.

At one time or another, most families will face taking care of a loved one, whether that be during recovery or for end of life care. And there are no easy answers or ways to ease all the burdens placed on those family members. These people are trained in medical or physical care as well as dealing with the inevitable emotional strains. The one saving grace is that there are people trained and ready to take some of the responsibilities from the family and allow everyone to be more at ease with the situation. Today, with these advances in care, many families are able to care for loved ones at home, where both the patient and the family are most at ease.

Written by Jenny Heart. Quality home care Durham NC: Receive senior care Chapel Hill NC, alzheimer’s and elder care through home care Chapel Hill NC, Clayton, Raleigh, Cary, Wake Forest.

Article Source: http://EzineArticles.com/?expert=Jenny_Heart

Which sounds better? Let’s go, Dad. We need to get you dressed for day care. Or Hey, Dad let’s get you ready. The guys at the club are waiting!

If your Alzheimer’s afflicted dad is dragging his feet about going to adult day services and you need to get to work, which do you think would be more effective? It’s pretty obvious that the more respectful, dignified question would get the best response.

Whether called adult day services, adult day care, the club or volunteer work,- whatever seems right for the sake of the specific elder – these services have been a well-kept secret for years. Far too many people don’t realize they have this care option.

Just for the record, I try to stay away from the day care term, because there is a certain stigma of childhood that goes with it. I am a proponent of treating elders with dignity – no matter how child like they may have become. So, I prefer the term adult day services. Variable terminology aside, adult day services can be extremely helpful. When an elder is in the earlier stages of Alzheimer’s, probably able to live at home with some care, but at risk for wandering or leaving a stove turned on if left alone for long periods, adult day services can be a life saver, literally.

Many people will try in-home care for awhile. They will hire an agency to bathe and dress the elder, but then what? What does the elder do all day? Day services can be a good option, at least a few days a week, as the elder gets out and is able to socialize with peers.

In cases where one spouse is healthy but can’t care for the other spouse day and night, or when the well spouse just needs time off, day services can be an option. It can also work well if the elder with Alzheimer’s disease lives with adult children. In most homes, both adults must work. Often there are children of varying ages involved, as well. When everyone must go to school or work, who looks after the elder? Day services can fill the gap.

Many adult services have a handicapped accessible bus that will pick up the elder. There should be someone on the bus trained to work with the elder and who can become a familiar face. Other times, you may have to drop the elder off, or maybe that just works better for your elder. Generally there are choices. Day services provide social stimulation for the elder, as well as activities and safety. Many have a nurse on call or on the premises, to administer medications.

By Carol Bradley Bursack

To learn more about Adult Day Services in Indianapolis and to locate the best providers for your loved one visit Aging Avenues.com or call 317-731-3315.

Medical deductions can include dental treatments, the cost of transportation needed to get to a medical appointment, health insurance premiums and qualified long-term care services. For a full list of allowable medical expenses, see Publication 502 (2009) at the IRS web site . Some key rules to remember are -

• You can only deduct medical expenses if they exceed 7.5% of your adjusted gross income.
• To qualify for a dependency deduction, you must pay for more than 50% of your qualifying relative’s support costs. The relative only qualifies as a dependent if he or she meets the gross income and the joint return test. Dependency Deduction   If your relative doesn’t qualify as a dependent because of these tests, you cannot claim a dependency deduction, but you can still claim his or her medical expenses.
• If a group of people are sharing costs for a qualifying relative, a multiple support declaration (IRS Form 2120) can be filed to grant one family member the exemption.
• Long-term care medical expenses including diagnostic, preventive, therapeutic, curing, treating, mitigating, rehabilitative, and maintenance and personal care services are deductible if the services are required by a chronically ill individual and a licensed health care practitioner prescribes the care. An individual is chronically ill if unable to perform at least two of six activities of daily living, which are eating, toileting, transferring, bathing, dressing, and continence. An individual who is cognitively impaired and requires substantial supervision is also considered chronically ill.
• Nursing services performed in a nursing home, an assisted-living facility, or similar care facilities are also deductible expenses if the person is principally receiving care for medical reasons. However, if a person is staying at a nursing home, an assisted-living facility, or similar care facility only for custodial reasons, only medical expenses are deductible; in this instance, room charges and meals are not deductible. Nursing services performed at home are deductible expenses. If the patient is chronically ill, certain maintenance and personal care services are also deductible.

Senior citizens and caregivers should be aware that premiums paid for qualified long-term care insurance contracts are also deductible medical expenses. According to the IRS, the contract must be guaranteed renewable; not provide a cash surrender value; not pay costs that are covered by Medicare; provide that refunds, other than refunds upon death, surrender, or cancellation of the contract, and dividends are used only to reduce future premiums or increase medical benefits.  For 2009, long-term care premiums are deductible up to the following dollar amounts: for individuals age 61 to 70 the limit is $3,180, for individuals 71 and older the limit is $3,980.

Many state governments also offer tax credits and deductions for caregivers on state income tax forms, so it pays to know your individual state’s rules.

By nature, tax rules are complex. It’s important to consult a tax attorney or accountant versed in eldercare tax issues about your specific situation before finalizing your taxes. The AARP also offers free assistance and tax tips for seniors through its Tax-Aide program; go to http://www.aarp.org/money/taxaide/.

I found a great article that talks about the many positive aspects regarding the use of In-Home Care for an aging loved one.