Author Archives: David Brinton

Court: Nursing Homes Can Continue Stripping New Residents Of Their Right To Day In Court

Original Post In September, the federal Centers for Medicare & Medicaid Services (CMS) issued a new rule that would prevent most nursing homes and other long-term care facilities from using forced arbitration to strip new residents of their right to file lawsuits against these companies. The industry soon fired back by doing the very thing it doesn’t want its customers to do: filing a lawsuit. This morning, the judge in the case granted the industry’s request for a preliminary injunction …

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How to care for your aging parents from a distance

Concern about mom or dad’s health and well-being is top of mind for many baby boomers today. Worrisome signs of your parent’s frailty, progressive memory loss or the decline in health require more and more of your help and attention. But what if you live a good distance away? Whether you live an hour away, in a different state, or maybe even in another country, caregiving at a distance presents very real challenges. No longer just a devoted daughter or …

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14 Ways to Help Seniors Avoid Isolation

Loneliness and social isolation have been clearly linked to poor health outcomes. “A Review of Social Isolation” by Nicholas R. Nicholson published in The Journal of Primary Prevention, observes how “social isolation has been demonstrated to lead to numerous detrimental health effects in older adults, including increased risk for all-cause mortality, dementia, increase risk for rehospitalization, and an increased number of falls.” Unfortunately, isolation among seniors is alarmingly common, and will continue to increase in prevalence as the population grows. Learn how to …

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Tell Nursing Homes to Stop Stealing Seniors’ Rights

Fine print buried in nursing home admissions contracts is depriving nursing home residents and their families of their constitutional rights. During the incredibly stressful nursing home admissions process, many nursing home corporations push residents and their families into signing away their right to go to court — even in instances when residents suffer severe neglect, serious injuries, death or sexual and physical abuse. Forced arbitration clauses are unfair terms that block seniors from accessing the court system. Instead, they are …

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Gov. Rauner Touts Bogus Survey

Gov. Rauner Touts Bogus Survey in His Ongoing Campaign Against Taxpaying Middle Class & Working Families U.S. Chamber Got What it Paid For: A Biased Study Designed to Reach a Foregone Conclusion Statement by Perry J. Browder President, Illinois Trial Lawyers Association September 10, 2015 Original Article Gov. Bruce Rauner’s appearance today with the U.S. Chamber Institute for Legal Reform, a front group for the nation’s wealthiest special interests, represents his latest effort to shift more burden and risk to …

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How to Choose the Best Nursing Home

Deciding to put a loved one in a nursing home can be a very difficult decision, but once that decision is made, the question becomes which home to choose. There are many questions going through the family’s head when it decides on which home would be the best for your loved one. The family members may ask, “What is this home’s record?” or “Does this home have enough staff?”. Questions like these can be answered, which will make finding the …

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Arbitration Clauses in Nursing Homes

According to the Nursing Home Care Act, a resident has the right to a jury trial.  However, if the nursing home has an arbitration agreement in their contract, that may trump this right. The Supreme Court of Illinois found in Carter v. SSC Odin Operating Company, LLC arbitration agreements may be enforceable;  anti-waiver provisions do not defeat them. The Supreme Court has sent the case back to the appellate court with instructions to consider other arguments against arbitration. To learn …

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Federal Government Evaluation of Nursing Homes Helpful Tool for Family

Families trying to decide what nursing home to place a loved one in can use evaluations of nursing homes done by the Federal Government to help make this decision. The Centers for Medicare & Medicaid Services evaluated all nursing homes in the United States that receives Medicare or Medicaid payments for nursing home care. There are about 15,800 such nursing homes in the United States, 792 in Illinois. The homes were evaluated based on:  1) Nursing home inspections conducted by …

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20 Indispensable Web Sites For Families With A Loved One In A Nursing Home

American Association for Homecare: This blog focuses on accessing care for people and offers support for people in their homes. They provide information about compliance, trends, education, and training and information for the patients and their families. Pathway Medical Staffing: Pathway Medical Staffing recruits and employs nurse case managers and non-clinical nursing professionals for nursing home surroundings. Jacqueline’s Patient Advocacy Blog: This blog allows and informs patients to navigate and learn the healthcare system. Suzanne Gordon: Suzanne is a writer, …

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Why Nursing Home Residents Fear Retaliation and How Your Ombudsman Can Help

It is truly a shame that our loved ones should fear retaliation from the very staff hired to help them in their nursing home, but this is an unwholesome reality we must try to understand. What are Retaliation and the Fear of Retaliation in nursing homes? The Connecticut Fear of Retaliation Workgroup has defined retaliation as the “actual or perceived negative reaction of a person as a result of another person’s action or behavior.” According to the workgroup, the “fear …

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