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

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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.

Most people do not realize the need for Medicare until they actually need it. The realization comes to them when they find themselves ailing and unable to afford to pay doctor and consultation fees as well as treatment fees and prescriptions. Just because one has always had good health throughout their 20s and 30s, they shouldn\’t think that automatically their health will remain that way. Lifestyle changes across the world, even for seniors, have deteriorated. Senior health services are available for many, especially from the age of 40 onwards. One may think that the age of 40 is too young to start thinking of senior health, but indeed it is not. It is important to know that Medicare enrollment can also be made available for people with disabilities and even veterans. It is important though to ensure that the senior services which are being offered are of quality. This is the reason why at age 40 one should start looking out for the best senior health program that they can enroll into. Senior advocates of this age have the advantage of being able to take the time out to plan their future health well, while giving considerations such as senior housing options. One would not want to end up in a housing scheme that has any complaints of elder abuse, for example. This is one of the things that Medicare tries to ensure doesn\’t happen in any senior health services.

Senior care is very sensitive and getting the right people who know how to do their job is important to having a happy stay at senior care. There are numerous ways to find out about Medicare services and availability for seniors, and some of the resources are readily accessible online. The nature of services available is also growing with time, and some of these are not just Long Term Care Insurance, but also medical supplements which have prescription coverage. There are other options available that are for employer groups and retiree health groups. Most importantly is guidance on how one can protect one self from Insurance fraud, which is a growing concern in the industry. Arming yourself with the information on senior health care is the first step to securing a well prepared future, not just financially but also having that psychological peace of mind without worry. Medicare enrollment is always a beneficial tool to have for your future because senior care needs come rushing one by one. It starts off with one small thing which when improper care is given, results in causing something else. It\’s almost like a down hill slide from there. Waiting until one is 50 or 60 is a bad idea; this is because by that age, most insurers prefer not to put the risk in covering you. It is advisable that at 40 one should look for an insurer that can cover long term senior health needs. Senior health services when purchased under a good long term health care insurance policy become more affordable.

Article Source: http://www.articlesbase.com/alternative-medicine-articles/medicare-and-long-term-care-for-seniors-3756408.html

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Senior Health Services is the author of this article on Medicare Enrollment. Find more information about Senior Housing here.

Many veterans or their surviving spouse haven\’t heard of or perhaps understand how going about receiving veterans assisted living benefits in the form of financial aid called aid and attendance.

The very simple the fact is that a lot of families believe that they need to work with a veteran\’s home or nursing home operated by the VA for a destination regarding their aging veteran\’s care. Because of this well-kept VA secret now eventually beginning to get out amongst the general populace it\’s very helpful to know that each and every Assisted Living facility can be an option to your war-time veteran relative or friend.

This VA benefit often provides money that assist the veteran or their surviving spouse pay 50up to perhaps 100of the Assisted Living facilities cost. Who knew that you could get paid a benefit through the VA to assist you offset these pricey care charges.

For too much time it was generally thought that you actually required to be wounded or even receive an immediate disability incurred in the veteran\’s active duty.

It had been all too often understood or suspected that the veteran did not qualify for any specific VA benefits when their disabilities many people confront as they get older didn\’t have it\’s origin originating from a documented active duty accident or wound.

That myth has been soundly busted.

WWII, Korean and Vietnam veterans are starting to experience typical disabilities because of the biological aging process. Some of these issues result from their active duty but a majority of are not.

The non-service connected disability pension benefit from the VA commonly called aid & attendance does not demand that the problems or disability you are now experiencing be related to your active duty. Once more, to be clear…it doesn\’t have to be connected.

What is this little-known VA benefit?

It is officially named the ‘Improved Disability Pension Benefit’. Presently there are three payment thresholds that are defined by:

1. Income and Assets

2. Housebound Status

3. Requirement for assistance with activities of daily living

The 3rd threshold entitles the recipient to an entitlement widely known as ‘Aid and Attendance’.

A widowed surviving spouse of the qualified veteran (just 3 months of active duty together with 1 day during an official stated time of war) is also eligible for this pension benefit.

For widowed surviving spouses it\’s officially called the ‘Improved Death Pension Benefit with Aid and Attendance Entitlement.

So, this ‘new’ benefit you may be reading about called the ‘Aid and Attendance Benefit’ is actually either the long-standing VA benefit nobody every heard about also known as either the:

Non-Service Connected Disability Pension Benefit with Aid and Attendance Entitlement (for veterans)

or the

Non-Service Connected Improved Death Pension Benefit with Aid and Attendance Entitlement (for un-remarried widowed surviving wife or husband of an qualified veteran)

Now, here is the best part.

The award amount of money of this VA non-service connected benefit:

1. A Veteran with a dependent (typically spouse) can get as much as $23,388 per year, paid once a month at $1,949

2. A Veteran without dependents has the potential to receive as much as $17,728 annually, paid monthly at $1,644

3. An un-remarried widow surviving spouse can potentially be given as much as $12,684 per year, paid out monthly at $1,057

Assisted Living Veterans Benefits Qualification

There are five qualification conditions:

1. When the veteran served along with at the least 3 months of active duty together with at least 1 day during a stated time of war. (The veteran does not need to have seen action, serve offshore or even be inside a battle area in order to qualify)

2.Must no longer be able to safely drive

3.Must need assistance with activities of daily living

4.Will need to have liquid assets under $80 thousand. However, there is absolutely no look back in case you have to switch assets from the applicants name in order to meet this qualification. If you move excess assets today you will be qualified tomorrow.

5.The specific amount of the veterans benefit you are able to receive is based on a fairly easy formula.

The final qualification requirement frequently confuses families looking to get the Assisted Living Veterans Benefits. Luckily, specialized help accessible to make sure that a quick and correct approval from the VA with regard to your loved one.

Article Source: http://www.articlesbase.com/elderly-care-articles/discover-how-you-too-can-receive-your-fair-share-of-assisted-living-veterans-benefits-2603950.html

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Don\’t let your fair share get improperly delayed or denied. Get the help you need. Veterans Care Advisors has created the Aid and Attendance Handbook which takes families step-by-step through each and every step of the whole process. The Aid and Attendance Veterans Benefits Handbook is available at http://www.VeteransCareAdvisors.com

When aging parents come to the point when assisted living seems like the best choice, it is usually their baby boomer children who see it first. Perhaps the adult children live in another state. Perhaps they are unable to visit Mom or Dad often enough to feel comfortable leaving them alone. The death of a spouse or a gradual loss of independence in self care-any of these reasons may lead to the adult child\’s decision to move the parent. As an assisted living facility representative is likely to tell you, it is often the adult children who first come to look the place over, later bringing their parents to see the place for themselves. These adult children are the hidden consumers of services. Assisted vs Nursing Home As the hidden consumers, what do the adult children of aging parents need to understand about these facilities? Very simply: what the facility can\’t do. Invariably, the sales pitch tells you what the facility can do, which is fine, and to be expected. But as a consumer, you must understand the difference between assisted and nursing care. First, an assisted living facility is not a nursing home with fancy furniture. Assisted living is not licensed to give nursing care. Typically, assisted living facilities are places where elders live in a supervised community, with some personal care services available. Meals, social activity, and help with the activities of daily living such as bathing and dressing are all usually offered at such facilities. The focus is on providing a healthy social environment and preventing social isolation. It is a worthy focus, as isolation is dangerous, and widespread among elders whose independence is declining. If your parent is in fragile health and seems to be steadily declining physically or mentally, be cautious about choosing an assisted living facility over a nursing home (also known as a skilled nursing facility). No one chooses a nursing home first. Nursing homes are more like hospitals, as they must be to deliver skilled care to frail seniors. But if your aging parent needs nursing care, and must be watched day and night, or you believe that he or she is likely to need such supervision in the near future, it is the only choice. Assisted living facilities are not licensed by Medicare or Medicaid to give skilled care. Some have a separate skilled nursing facility on-site or nearby, but it will have its own license to deliver skilled nursing care. That license does not apply to the assisted living component, even the two facilities are located on the same campus or are operated by the same parent company. Doctors & Nurses Not Required Many assisted living facilities do not have any licensed nurse on staff, and may have no nurse connected to them at all. Because they are considered non-medical facilities, having a licensed nurse is not required by law. Even if a nurse is employed by the assisted living facility, the nurse cannot give hands-on care in the form of dressing a wound, administering around-the-clock insulin, administering oxygen, or other tasks that are defined by the federal and state governments as ’skilled nursing care.’ Skilled nursing care may only be administered within a facility that is licensed to do so. Legally, this kind of facility is licensed as a skilled nursing facility, although it may have a different business name that it markets itself as, such as an ‘extended care’ or ‘long-term care’ facility. Medicare and Medicaid also designate these homes as skilled nursing facilities. Because skilled nursing facilities bill Medicare and/or Medicaid for skilled nursing care, they must comply with many complex legal regulations and requirements. Assisted living facilities are regulated by the state Department of Social Services, not the Department of Health, which regulates nursing homes. Assisted living facilities do not have the same safety or administrative requirements as a skilled nursing facility, and they are prohibited from giving care they are not licensed to give. Limitations to Specialized Care Waivers There are exceptions to some of the federal and state government\’s licensing requirements. For example, a licensed assisted living facility may take care of residents with dementia, including Alzheimer\’s disease, if it has a waiver to accept this kind of resident. The facility must also have certain protections in place to prevent injury to its demented residents. However, it is still prohibited from restraining a demented resident who has a tendency to wander. There are many other limitations to what an assisted living facility can do, even with waivers. Taking care of residents with dementia can be unpredictable, and skilled nursing can become necessary as the disease progresses. When an aging parent has to move out of the family home, or out of a long-term residence of any kind, the move can be difficult, even traumatic. If you are considering assisted living as an option for your loved one, be sure your focus is on the long run. Carefully consider what he or she will need a year down the road. Moving an elder twice within a short period can be extremely hard on both of you, so make your decisions based on the overall picture, not just on what the assisted living facility can do for him or her right now. As hidden consumers, adult children must be fully aware of the limits of assisted care. Assisted care facilities can be wonderful and supportive environments for residents who don\’t need skilled care. If you are considering assisted living for your aging parent, be sure this kind of place is a match for your parent\’s needs.

Article Source: http://www.articlesbase.com/health-articles/legal-limits-of-care-in-assisted-living-facilities-1100060.html

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Please visit the Gilbert Guide for the very best in Assisted Living Care and for more information about Assisted Care.

Assisted living is a term usually used in conjunction with senior citizen homes. It includes assistance with the daily activities of life, helping residents with administration of medication or personal care by trained staff, and monitoring of activities to make sure that the residents are safe and taken care off.  This can be true for anyone who is not able to do his or her daily life activities but it is usually the provided for senior citizens, mentally and physically challenged, and the people who are suffering from a chronic disease that make them dependent on others. It is actually a philosophy of provision of care and services in order to enable them to lead a dignified life.

Assisted living facilities are licensed at the state level. Assisted care living facility, Personal care homes, and Old people’s homes are some of the names used for such facilities.   Such facilities are a way to make sure that a standard of care and concern will be provided to the people who cannot do so for themselves.

Assisted living facilities cannot be compared or equated with Nursing Homes for there are mark differences between the two.

• Nursing homes employ licensed medical professionals such as nurses, doctors and paramedical staff, who provide medical services to its residents.  Non-medical staff usually provides assisted living facilities and if they have licensed medical practitioners on their staff, then their responsibilities are usually limited to providing routine medical services.

• There is greater preference over privacy and personal care in assisted living facilities.

There are about one million Americans staying in assisted living facilities. Thereby, much emphasis is on such assisted living facilities rather than the Nursing Homes.
A typical assisted living facility is usually a renovated Victorian house or school that has large and spacious areas where all residents can dine together, have a recreational and social activity that helps in bonding everyone as one big family and not feel the absence of their loved ones.
Some of the services provided in assisted living facilities are preparation and serving of timely meals, laundry and ironing of personal clothing and linens, administration of medication, supervision of outdoor and indoor activities, reading and engaging in hobbies that interest the residents so as to keep the zeal for living ignited in them.

While looking for an assisted living facility, one should consider what would be best for their particular circumstances. For most people, cost and location are the number one deciding factors. Second comes the reputation of the place. Is the staff well trained? Is it a licensed facility and is it safe?
Most of the assisted living facilities are opened both for monitory and non–monitory means. A few are opened in order to make profits while others are opened as a social services or a charity that works for a cause. Before the legalization of such facilities, they were all privately owned. But, fortunately the requirement of licensure have regularized and improved the quality of services provided in most assisted living facilities.

No one wants to be dependent on others for the basic and everyday activities of life. Life circumstances beyond one’s control can force one to lead a dependent life. However, one still has the ability to choose a dignified assisted life over a completely dependent and disgraceful living.  

Assisted living facilities provide one with this choice – a choice to be able to do what one can and at the same time get assistance for what one must.

Article Source: http://www.articlesbase.com/elderly-care-articles/dignifies-living-assisted-living-facilities-1501375.html

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Senior assisted living is a term associated with providing residential and medical assistance to the elderly citizens on a regular basis. The assisted living facilities can provide a healthy and happy environment to support living for your loved ones.

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

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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

As more Baby Boomers – 77 million strong – begin to slide into retirement, the term ‘assisted living’ is going to be on the lips of everyone from financial planners to family physicians.

Assisted living gives older adults a safe, sanitary and supervised living space to spend their sunset years. The number of Americans with an assisted living facility in their future is on the rise – the U.S. Census Bureau estimates that the population of Americans 85-years-and-older will grow by 33by 2010.

In addition, the U.S. Census Bureau estimates that approximately 6.5 million older people currently need assistance with daily living activities. The Bureau reports that number is expected to double by 2020.

With great numbers, however, comes great financial responsibility. How, after all, are people going to pay for assisted living services? Let\’s take a look:

What does assisted living cost?

The Census Bureau estimates that, on average, the per-diem rate for assisted living in a private room is about 60to-70of the cost of a similar-sized room in a nursing home. That could mean a bill of between $50 and $120 per day- and a good-sized case of sticker shock for potentially millions of Americans.

How can you pay for assisted living?

There are several sources of funds commonly used for paying for assisted living: Private funds, long-term care insurance, or sometimes veterans benefits. Private funds can come from personal investment portfolios, like 401k plans or Individual Retirement Accounts. Many people sell their homes, using equity that has built up over their lifetime, to pay for assisted living.

Seniors who do not want to sell their home may consider paying for services through a reverse mortgage, where long-time homeowners essentially borrow against the value of their home. The U.S. Department of Housing and Urban Development has a good analysis of reverse mortgages.

Long-term care insurance – an umbrella term for insurance that covers nursing home care, home-based health care, assisted living health care (in addition to other medical services) – can help shoulder the cost of assisted living for those who have a policy with a few restrictions:

• For example, most long-term care insurance policies won\’t cover the costs unless you are unable to perform two or more ‘activities of daily living’ (ADLs). Some examples of ADLs include bathing, dressing, eating, getting from a bed to a chair, using a toilet, and walking. Some insurers may evaluate with a physician of their choice – not yours – to see if your condition qualifies for coverage.
• The type of long-term care policy is critical, too. For instance, a ‘facility-only’ policy covers care received in a licensed Assisted Living Facility or Skilled Nursing Facility, but not care in an unlicensed facility or in your home. Better to get an Integrated Home Care policy with 100protection for care received either in a licensed Assisted Living Facility or Skilled Nursing Facility, or in an unlicensed setting, like your home.

In some cases, veteran\’s benefits can cover the costs of assisted living programs. To qualify, you\’ll need your military discharge papers (copies are fine); a valid medical condition (like blindness – but the condition need not be life threatening) that comes with a doctor\’s letter of validation, certain minimum financial asset conditions, and the filing of a formal application, called the Veteran\’s Application for Compensation and/or Pension, VA FORM 21-526, Parts A, B, C, and D.

Does Medicaid cover assisted living?

While Medicare won\’t pay for assisted living care, in some cases, Medicaid will. Specifically, Medicaid may pay for an assisted living stay of limited duration (mostly 90 days or less). But there are factors that could reduce or stop Medicaid from paying during that time period (for example, your physical condition hasn\’t improved during your assisted care facility stay). Payment statutes vary from state to state, and with Medicaid, financial help with assisted living costs is highly needs-based, i.e. the less money you have, the better chance you have.

Article Source: http://www.articlesbase.com/elderly-care-articles/paying-for-assisted-living-2740629.html

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SeniorHomes.com is a free resource for people looking for senior housing or senior care for a loved one or themselves. Browse valuable articles to help you through or search or find assisted living, independent living, Alzheimer\’s care, or a retirement community with our nationwide directory.

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.

Finding the right assisted living facilities for your loved one may seem like a daunting and overwhelming process. Many families struggle to find the right facilities to meet the needs of their aging or disabled relative. With the right amount of time, patience and knowledge, it is easy to find the assisted living facility to meet your needs. 

The first step in choosing the right facility is to determine the level of care that the resident will need. Some care facilities offer apartment-style living in which the residents care for themselves with limited assistance from staff. These types of facilities allow residents to maintain a sense of independence and privacy while being available to provide assistance as needed. Other facilities offer a moderate level of care, providing medical treatment, meals and personal care, but allowing residents the freedom to make choices about their daily living. Finally, there are facilities that provide extensive care, round the clock supervision and treatment and full service meals and personal care. Many of these are connected to a hospital or other medical care center. 

Many assisted living facilities provide a number of amenities to make the resident\’s experience as pleasurable as possible. These include full service meals in community dining rooms, administering medication, religious and spiritual services, recreational activities and transportation services. It is important to choose a facility that will offer the right balance of services while helping your loved one maintain their dignity and mental well being. The best facilities encourage a healthy relationship between the resident and their family and community. 

Making sure the assisted living facility is perfect for your family member is an active process that requires careful selection and follow-up. Before admitting your loved one as a resident, many facilities interview the family and the potential resident to determine their needs and to formulate a plan for their care. This interview process will allow you to assess the facility, voice any concerns and make suggestions that will benefit your loved one. In addition, this will give you the opportunity to tour the residence and get a feel for the overall atmosphere of the facility. 

There are many assisted living facilities to serve the needs of your aging or disabled relative. It may seem like a daunting task to choose from the many senior residences, care facilities and assisted living communities available. By assessing the needs of your loved one and targeting facilities that meet those needs, you will find the assisted living facility that is perfect for your family.

Article Source: http://www.articlesbase.com/home-improvement-articles/choosing-the-right-assisted-living-facilities-for-your-loved-one-2828458.html

About the Author

Mickel Jackson

Choosing the Right Assisted Living Facilities - Here is some information that might assist you in your search for housing and care of your loved one.

Though the family was disappointed over the cake, of more concern was Grandma’s confusion with the recipe and her similar confusion about the loved ones around her. Could something be wrong with grandma’s mental state?

One might say that for an elder person a little forgetfulness or confusion is normal, but when do you know if there is a serious problem, such as dementia?

An online article from FamilyDoctor.org outlines some common symptoms in recognizing dementia.

“Dementia causes many problems for the person who has it and for the person’s family. Many of the problems are caused by memory loss. Some common symptoms of dementia are listed below. Not everyone who has dementia will experience all of these symptoms.

• Recent memory loss. All of us forget things for a while and then remember them later. People who have dementia often forget things, but they never remember them. They might ask you the same question over and over, each time forgetting that you’ve already given them the answer. They won’t even remember that they already asked the question.
• Difficulty performing familiar tasks. People who have dementia might cook a meal but forget to serve it. They might even forget that they cooked it.
  Problems with language. People who have dementia may forget simple words or use the wrong words. This makes it hard to understand what they want.
• Time and place disorientation. People who have dementia may get lost on their own street. They may forget how they got to a certain place and how to get back home.
  Poor judgment. Even a person who doesn’t have dementia might get distracted. But people who have dementia can forget simple things, like forgetting to put on a coat before going out in cold weather. 
• Problems with abstract thinking. Anybody might have trouble balancing a checkbook, but people who have dementia may forget what the numbers are and what has to be done with them.
• Misplacing things. People who have dementia may put things in the wrong places. They might put an iron in the freezer or a wristwatch in the sugar bowl. Then they can’t find these things later.
• Changes in mood. Everyone is moody at times, but people who have dementia may have fast mood swings, going from calm to tears to anger in a few minutes.
  Personality changes. People who have dementia may have drastic changes in personality. They might become irritable, suspicious or fearful
• Loss of initiative. People who have dementia may become passive. They might not want to go places or see other people.”

Dementia is caused by change or destruction of brain cells. Often this change is a result of small strokes or blockage of blood cells, severe hypothyroidism or Alzheimer’s disease. There is a continuous decline in ability to perform normal daily activities. Personal care including dressing, bathing, preparing meals and even eating a meal eventually becomes impossible.

What can family members do if they suspect dementia? An appointment with the doctor or geriatric clinic is the first step to take. Depending on the cause and severity of the problem there are some medications that may help slow the process.  In the beginning they may need only a little help with remembering to do daily activities or prepare meals. As dementia progresses, caregiving demands often progress to 24 hour care. Night and day become confused and normal routines of sleeping, eating and functioning become more difficult for the patient. The demented person feels frustrated and may lash out in anger or fear. It is not uncommon for a child or spouse giving the care to quickly become overwhelmed and discouraged.  

Because people with short term memory loss lose their sense of safety, much like a two year old, you should plan on 24 hour supervision.  It isn’t just the risk that they may wonder it’s that they forget to eat, how to set the proper temperature or even put metal in the microwave.  It is a big tasks for a spouse or child to take on without help.  You may need to utilize the assistance of a homecare agency, adult day care, assisted living or memory care unit in a nursing home.  

Family gatherings provide an excellent opportunity to discuss caregiving plans and whole family support. It is most helpful if everyone in the family is united in supporting a family caregiver in some meaningful way.  Having a plan will keep you from having to react from a crisis.  Allow Aging Avenues to assist you plan for future care needs and how to pay for it.