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Can the Consumer Ever Win? Arbitration Clauses in Nursing Homes

Can the Consumer Ever Win? Arbitration Clauses in Nursing Homes Somewhere in your cell phone or credit card contract, buried in the fine print is a mandatory arbitration clause which waives your right to a jury trial and instead binds you to arbitration if there is ever a dispute.  You may not have known that…

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Sixth Circuit Court of Appeals – Family Not Bound by Arbitration Clause

Sixth Circuit Court of Appeals – Family Not Bound by Arbitration Clause The Sixth U.S. Circuit Court of Appeals held that a deceased Kentucky nursing home resident’s purported agreement to arbitrate against the facility does not block wrongful death claims brought on behalf of his estate. The Court rejected arguments by Richmond Health Facilities –…

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Lack of Leadership in Nursing Homes Affects Quality of Care

Lack of Leadership in Nursing Homes Affects Quality of Care A team of researchers from the University of Maryland and University Red Cross College of Nursing found that high turnover in leadership positions in Nursing Homes was more than twice as likely to be found to have survey deficiencies. Forty percent of nursing home administrators…

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What is a Skilled Nursing Facility and Who Regulates Them?

What is a Skilled Nursing Facility and Who Regulates Them? What is a Skilled Nursing Facility and Who Regulates Them? – Skilled Nursing Facility are suitable for residents that require 24 hour a day care and often are moderately or fully unable to care for themselves, either due to an acute condition (e.g., recovering from…

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What is Hospice and Should My Loved One Be Placed On Hospice?

What is Hospice and Should My Loved One Be Placed On Hospice? What is Hospice and Should My Loved One be placed on Hospice? – Hospice care is not considered a type of treatment for sick patients, but rather a plan of care for terminally ill or dying patients who are assessed as having six…

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Are Sub-Acute Facilities Really that Different?

Sub-acute facilities are a relatively recent trend and are beginning to appear more and more. Why? It is simple: money. Recent reimbursement rates changes from Medicare make it such that a nursing home can get higher reimbursement rates for a resident that needs more specialized care (such as tracheotomy care, intravenous tube feeding and complex…

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What is an ALF/RCFE and Is It The Right Fit For Your Loved Ones?

What is an ALF/RCFE and Is It The Right Fit For Your Loved Ones? What is an ALF/RCFE and Is It The Right Fit For Your Loved Ones? – Assisted living facilities are another form of RCFE (Residential Care Facility for the Elderly). Typically the primary difference between an assisted living facility and a board…

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What Is a Board and Care Home and Is It Right For Your Loved One?

What Is a Board and Care Home and Is It Right For Your Loved One? Board and care homes are one type of RCFE (Residential Care Facility for Elderly). They are licensed by the Department of Social Services and must meet all applicable state regulations. Board and care homes typically care for no more than…

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Patients and Patient Representatives are Entitled to Medical Records

Patients and Patient Representatives are Entitled to Medical Records A common question that we are asked is, “Can I have access to my elderly mother’s medical records?”  The short answer is yes if you hold the Durable Power of Attorney (DPOA). Cal Health & Safety Code § 123110(b) states: Additionally, any patient or patient’s representative…

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How Can I Get a Family Member’s Medical Records After They Die?

How Can I Get a Family Member’s Medical Records After They Die? The Health Insurance Portability and Accountability Act (HIPAA) is made up of stringent regulations regarding disclosure of patient medical records. It applies to all health care providers (i.e. doctor offices; hospitals, etc.) and is based on the general foundation that a patient must…

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