Nursing homes, it seems, have lately become less about safety, comfort and good care—as the term might imply—and more about saving money. So, not surprisingly, standards are being dangerously compromised—that is assuming they’ve been established. Case in point, an investigative report by CBS News last week cited a government report which found that over 90 percent of nursing homes hired employees with criminal records—convictions.
Apparently, the government ran background checks on all employees who worked at some 260 nursing homes on June 1, 2009, and found 92 percent employed at least one person with a criminal conviction. The report also found that nearly half of the nursing homes had five or more individuals employed who had criminal convictions.
The report, by the Inspector General for Health and Human Services, revealed seven registered sex offenders gainfully employed at five separate facilities, while 43 percent of the convictions were for crimes including burglary, shoplifting, and writing bad checks.
According to CBS News, 43 states currently require nursing homes to run some kind of criminal background check. However, “only 10 states require both a state and FBI background check that would detect convictions in multiple states.”
“On its face, it’s shocking,” Janet Wells, director of public policy for the National Consumer Voice for Quality Long-Term Care told CBS News. “People move from state to state and they may have an abuse record at another health care facility, that’s why we would prefer to see a national mandatory program.”
Well, yes. That would seem the obvious solution, because here’s the real consequence of not having such a system: in January, LAS reported on a shocking incident in Santa Clara, CA, in which a Read the rest of this entry »
At the end of October, Lawyers and Settlements reported on a government investigation into hundreds of allegations of elder abuse. Sadly, the investigation found that court appointed guardians of incapacitated seniors are not screened or monitored, with serious, if not life threatening consequences.
The probe by the Government Accountability Office (GAO), an investigating arm of the US Congress, looked into review practices in 45 states. The GAO report was done at the request of the US Senate’s Special Committee on Aging, which has been studying allegations of abuse and diversion of federal benefits from elderly and disabled wards of the court for some time.
Their findings? Nothing short of shocking. Hundreds of allegations were discovered by the federal auditors, allegations of physical abuse and mistreatment by guardians entrusted with the physical, emotional and financial well-being of elderly and disabled people. For example, 20 cases involved criminal or civil penalties against guardians who had stolen at least $5.4 million in assets from some 158 seniors. According to a report on CNN.com a case in Missouri involved a convicted bank robber who had been appointed guardian of an elderly man who developed Alzheimer’s disease. As the senior’s condition deteriorated, the guardian was able to steal over $640,000 from him by writing checks out of the senior’s estate to pay for exotic dancers and a new Hummer.
With respect to physical abuse and neglect, an attorney for the National Guardianship Association provided the investigators with information on over 300 cases of alleged abuse, neglect and exploitation by guardians nationwide between 1990 and 2009. And, an advocate in Houston, who had personal experience of abuse of guardianship through her mother, provided information on 30 different families that submitted cases of abuse, with her help. “As Read the rest of this entry »
There are few things we at LawyersandSettlements.com cover that are as heartbreaking as financial elder abuse. The stories about senior citizens who have worked their entire lives to care for family members while ensuring that they, themselves, would be financially stable in their later years—only to have loved ones steal from them—arouse a combination of fury and sadness. The sad truth is that very few incidents of elder abuse are ever reported by the senior, leaving it up to other family members or close friends to figure out what’s going on.
The sad truth also is that in difficult economic times when many are facing financial hardship, sometimes the “easiest” route to some cashflow can involve the proverbial apple going back to the tree—uninvited. That’s why now, more than ever, it’s important to be aware of the signs of elder abuse and protect those who may be victimized.
This week, Pleading Ignorance examines financial elder abuse, signs it’s occurring and what you can do.
Financial elder abuse occurs when someone (a loved one, a close friend or even a stranger) preys on a senior citizen and cheats the senior out of money or property. It is a heinous crime and one that goes vastly underreported. The senior may be embarrassed at having been swindled, may be afraid of retaliation if the abuser is a family member or caregiver, may be conflicted about reporting a family member to the authorities or may be unable to comprehend that he was, indeed, the victim of a crime.
Seniors have lost their life savings, their homes, their valued jewelry or other property to abusers. At the same time, the abuser may take advantage of the senior’s condition by providing less care than is necessary or putting the senior in a care home that doesn’t meet the senior’s needs.
I’m fairly certain there’s a special place in hell for those who would do this to their elder family members. But before they get their due from a higher power, there are some signs to be aware of right here, right now, in order to help someone who may be the victim of elder abuse.
In many cases it’s up to family and friends to discover the wrongdoing and file a complaint. In the situation of Brooke Astor, a New York socialite and philanthropist, the victim’s grandson filed a complaint against his father—Astor’s son—alleging that Astor wasn’t being properly cared for even though she could afford a high quality of care. In the end, charges were laid against Astor’s son, he was found guilty and sentenced to time in jail.
The financial abuse may not have ever been discovered if Astor’s grandson hadn’t filed a complaint.
If you suspect a senior is being financially abused, report the situation to the proper authorities, who can then make a decision about whether or not to investigate. Every state has at least one toll-free number—either an elder abuse hotline or an elder abuse helpline—to call to when elder abuse is suspected.
Some states, such as California, have an Elder Abuse Act to provide remedies for elders who’ve been financially abused.
Nursing home horror stories seem to be as common as mosquitoes at a swamp—and as annoying. So it’s no wonder that so many follow the old adage “you get what you pay for” when looking for elder care facilities for their loved ones.
But just last week, Health Day News reported the findings of an interesting study on nursing homes. Seems non-profit nursing homes provide better-quality care than for-profit homes.
A Canadian team of researchers from McMaster University in Hamilton, Ontario, reviewed the results of 82 studies from 1965 to 2003, and concluded that the non-profits came out better in regard to four specific quality measures. The measures were more or higher quality staffing; lower rates of pressure ulcers; less use of physical restraints; and fewer deficiencies cited by regulatory agencies.
And here’s another little tidbit from the study: researchers concluded, based on the findings, Read the rest of this entry »