Whether we want to admit it or not, the incidence of elder abuse is on the rise. Negligent care and nursing home abuse has become a serious and widespread problem.

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CHOOSING A NURSING HOME

One of the most important decisions you can make for an aging loved one or spouse is selecting the right nursing home for them. This decision is not always easy given the many factors that go into the decision—quality of care, financial requirements, quality of facilities, location, among others. It is often an emotionally charged decision that unfortunately, is all too often made without taking the proper amount of time to select the right nursing home.

There are many reputable nursing homes that provide excellent nursing home care. However, there are also many that provide less than adequate care for their residents. In fact, there are well over 15,000 nursing homes currently operating in this country. Certainly, different individuals will have different capabilities and needs that must be matched with the right facility.

Perhaps the best thing you can do is to fully educate yourself on the potential problems that can occur in a nursing home. The following is a list of some of the main criteria that will help you eliminate certain nursing homes and help you choose a nursing home that is right for your loved ones. One of the most effective ways to get a good idea of what is out there, quality, and price is to visit five or six homes.

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Quality of Care

It is difficult to find a factor that is more important than quality of care. This should be of utmost importance prior to placing a resident in a home in order to minimize the risk of neglect or elder care abuse. However, while quality of care is extremely important, there are high priced “boutique” nursing homes that may be simply out of the price range of the resident or their family, or does not provide for specific needs of a resident, or is too far away for family to reasonably visit.

Walk through the facility: Do your homework to find nursing homes that fit certain objective considerations—they are affordable for the maximum period of time a resident might stay there, they have the necessary services or special needs, and there is room.  Once you compile this list, visit the nursing homes personally. During a tour, make sure you see the entire facility, not just the areas that are open to walk ins. Watch the interaction between staff and resident as you walk through to get a sense of what your loved one can expect. Pay attention to whether any residents are restrained, the quality of residents’ rooms, and what sorts of activities and freedom of movement is given to the residents. Try to get a general sense of the quality of care in order to use it as a comparison to other facilities.

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Record of Care: Every nursing home should be required to have a record of their compliance with state and federal regulations and laws. This should include any penalties for violations. To access complaints against the nursing home staff or nursing home itself, speak with the local long term care ombudsman programs, and the District Office of Licensing and Certification.

Talk with friends and family members: Find out if they know personally about which nursing homes they think are good and which are bad. This can save a lot of time and effort because you are dealing with someone who probably has had first hand experience with the quality of care given in a certain facility (perhaps their loved ones are still residents of the home). Other people who can be invaluable in this process include ombudsmen, physicians and others familiar with the facility.

General Feeling: Never underestimate your own intuition. This isn’t to say do not go by their record and the services provided, but rather that you may be able to eliminate a home because it doesn’t give off a good feeling. For example, if the administrator and staff treat you poorly, you can probably assume this is how they treat their residents. If the visit is unpleasant, you can imagine what living there would be like.

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Nursing Home Staff

If institutional abuse or neglect occurs in a nursing home, it is overwhelmingly at the hands of one of the staff members. The following are tips to choosing a nursing home with the right kind of staff. 

  • Facility administration places an emphasis on treating each resident (as well as their staff members) with dignity and respect. They respect the choices and wishes of their residents.
  • Nursing home provides their staff with comprehensive orientation and training programs that develop the right approach and methods for dealing with the varied needs of residents.
  • Staff members are allowed to come to the administration to discuss how to deal with facility or personal problems with residents they may be having. Residents can push staff into situations that are ultimately dangerous for them. Administrators provide the appropriate counseling opportunities. 
  • If personal problems do exist between staff and resident, the home facilities reassign the staff member. 
  • Administrators and staff have a pleasant and clean break room. The proper equipment and supplies exist for a safe, healthy nursing home.
  • A “no abuse” policy exists. This prevents any situation of escalating abuse from occurring.
  • Administrators and supervisors insist on reporting suspected abuse, neglect or exploitation to the Department of Human Services. They make this policy clear to residents, staff, and family members.
  • Nursing home administration and staff know about and utilize the Long-term Care Ombudsman Program when appropriate.

Special Needs of Resident

Knowing whether an older person in your care has special needs is a very important consideration. Much of this information should be known by a personal physician who would have recommended such items as a ventilator or oxygen, or would have been aware of any mental deficiencies, aggressive behavior, etc. There are many types of nursing homes that provide different levels of care and have differing admitting requirements. Most, however, provide both skilled and custodial care. Talk with each nursing home to find out if they have the staffing and facilities to handle the specific needs of your loved one.

Location

If a nursing home is too far away from family and loved ones this may take away from the health and protection of your loved ones. Even if the nursing home seems perfect, location must be taken into consideration for the emotional impact upon the resident. Many studies have shown that residents who have frequent visits by friends and loved ones recover more quickly, and tend to be happier and enjoy a greater state of health than others. This is not surprising given people’s desire to be needed and wanted. In addition, nursing home care is often better when the staff knows that the family and relatives often just “drop by” for a visit. And finally, nursing homes that are near family members and friends allow them to keep an eye on the relative health of the resident and gives them better respond time should an emergency occur.

Financing a Nursing Home

There are two basic types of nursing homes, private pay and Medicare certified facilities. Private pay is just like it sounds, the individual themselves pays for the entire bill. This is often very difficult to do, especially given the fact that older Americans are living longer than ever before. The average rate of private pay in a state such as California is so high that only a select few can afford this scenario indefinitely. Private-pay only facilities can and will evict someone who converts to Medicare or Medicaid. This is why it is advisable to first look for a Medicare program, at least to begin with.

Choosing a Medicare certified facility means that you are supplemented by the state and federal government. In most states, once a resident is admitted to one of these nursing home, they cannot be evicted because they switch from private pay to Medicare or Medicaid. Medicare and medicaid residents pays less per day than the private pay rate. However, the longer you can pay the private rate, the more options you will have when looking for a nursing home.

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Nursing home residents have important rights under both federal and state law. Nursing homes are required by law to educate their residents on their rights and to assist them in exercising them. In the case that a resident is unable to understand or execute their rights, the decision-making ability for the resident is transferred to whomever the law deems the most suitable individual to make decisions for the resident.

If a nursing home fails to comply with federal resident rights, they can lose their Medicare or Medicaid certification and funding. As well, federal and/or state surveyors can sanction facilities and homes that are not in compliance with federal rules and regulations.

The following is a summary of rights as outlined in the Federal Nursing Home Reform Law that was part of the 1987 Social Security Act. This law was enacted in order to "promote and protect the rights of each resident."

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