FRIA CALLS ON NEW SPITZER ADMINISTRATION FOR URGENT IMPROVEMENTS FOR NURSING HOME RESIDENTS

FRIA has sent a Proposal Paper to the New Spitzer Administration detailing the major  improvements we feel are needed to improve conditions in nursing homes, and the Department of Health's responsiveness to residents. FRIA has also spoken with Administration officials to discuss these issues. We will continue to press for needed changes. click here to read proposal

 

EXPANDING AND CONTINUING NEW YORK ATTORNEY GENERAL'S HIDDEN CAMERA PROJECT

FRIA has commended the NY Attorney General's Office for its important and ground breaking work in placing hidden cameras in nursing homes to capture what really happens in these facilities. As a result, the NYS OAG has uncovered alleged abuse and medical record falsification. We have urged the continuation of this project and also urged that a process be established to permit families/friends of residents to partner with the OAG to identify homes in which a hidden camera would lead to meaningful improvements for residents. click here to read letter

LONG TERM CARE RESTRUCTURING EFFORTS IN NYS

Your future will be impacted by these changes

New York State has announced that it will significantly re-structure its long term care system, beginning in 2007. The goal of the effort is to shift the state’s funding focus from nursing home care to community-based care, to enable more people to age in their homes. FRIA supports the objective of providing support for community services to permit aging ‘in place,’ where possible. However, we have called upon the state to develop a comprehensive plan for long term care which will recognize the continuing need for nursing home services, ensure that community services are adequate and accessible, nursing home care will continue to be an important option for consumers in NYS, particularly given an anticipated surge in New York’s frail elderly population. We seek to ensure that those needing nursing home care will not be forgotten and will receive the funding and services they need.  There are several aspects to the re-structuring:Commission on Health Care Facilities in 21st Century, New York Long Term Care Compact and more.

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MEDICAID CHANGES IMPACT NURSING HOME RESIDENTS

 

On February 6, 2006, President Bush signed the Deficit Reduction Act of 2005, ('DRA'), a new law that significantly changes the ability of seniors to access Medicaid benefits for long term health care. FRIA urges everyone to learn about these changes and to appreciate that getting Medicaid to pay for nursing home care just became considerably more difficult.

Important provisions include:

1.The 'look back' period is now five years rather than three years. When a person applies for Medicaid for nursing home care, she must show that she (or her spouse) did not give away money or property during the previous five years. If property was given away during this time, the person will not be eligible for Medicaid in a nursing home for a specified period of time ( "the penalty period") which is calculated by dividing the amount of the transfer by the average cost of nursing home care in the area.

2.The penalty period now starts when the applicant qualifies for Medicaid and needs nursing home care. Under current law, the penalty period starts when the transfer is made. Under the new law, the penalty period starts when the individual is eligible for institutional Medicaid. Thus, the penalty period begins when a senior is in a nursing home and meets the Medicaid financial standards. For example, if a person gives away $15,000 and within 5 years enters a nursing home and needs Medicaid, she will not be eligible for Medicaid for the first two months after she becomes otherwise eligible for Medicaid.

3. Medicaid recipients in nursing homes will be required to tap into their home's equity, if it exceeds $500,000 ( states may raise the limit to $750,000). This will not apply if a spouse or minor or disabled individual lives in the home.

4. Undue hardship waiver. There will be a system for providing Medicaid when the application of these rules would endanger the health or life of the senior. It is unclear how this would apply since most seniors would likely fall within this provision.

At this writing, it is unclear how New York State will address these and other aspects of the DRA since the legislature and Governor are not in agreement about many budgetary items.

For updated information, contact FRIA, the non-profit group Medicaid Matters, or your attorney.

BECAUSE OF THESE CHANGES IT IS EVEN MORE IMPORTANT NOT TO TRANSFER ASSETS WITHOUT THE ADVICE OF AN EXPERT ELDER LAW ATTORNEY.

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FRIA CALLS ON GOVERNMENT AND NURSING HOMES TO  IMMEDIATELY REVIEW EMERGENCY PLANS FOR SENIORS AND TO INCLUDE CAREGIVERS AND RESIDENTS IN PLANNING 

 

                                                                                

New York, NY-September 28, 2005. FRIA calls on state and local government officials to immediately institute an independent review of their respective emergency plans for all seniors and, most especially, for nursing home residents. The review should allow input from caregivers and competent nursing home residents to ensure that the plans meet the needs of these communities. FRIA also urges that nursing homes communicate with family caregivers about existing emergency plans, to alert them to ways they can be of assistance in an emergency, and to disclose in advance destination points for evacuation and reunion.

In the wake of recent emergency planning failures that led to the death and injury of over 40 elderly individuals, it is imperative for New York to not repeat the same mistakes. “We can no longer rely on the assumption that our officials will take care of our elderly loved ones. We need more than verbal reassurance; we need citizen oversight to monitor that nursing homes and government officials are doing their utmost to protect these vulnerable seniors,” said FRIA Executive Director Amy Paul. “While no one can plan for every contingency, evacuation of a nursing home is a foreseeable response to a multitude of possible events, not just hurricanes or terrorist attacks. Post-9/11, we have a right to demand that preparedness be far more advanced than what we witnessed,” she added.

In Hurricane Katrina, many residents’ lives were saved because their caregivers called the home and asked to move them on their own. Other caregivers would have come, but trusted that an evacuation plan would be implemented. In fact, the nursing home never communicated with these other caregivers.

New York law must be changed to require that emergency plans be disclosed to caregivers in detail upon admission and at least once each year thereafter, except only to the extent that security considerations require secrecy for the protection of the residents. Caregivers, who have the greatest interest in ensuring that the plans are workable and effective, could then provide suggestions for improvement of the plan. At the least, the caregivers would be informed as to whether there was a need for them to pick up their loved ones in an emergency and to know where to reach them afterwards if evacuated by the home.

Amy Paul added, “We call upon all government officials and citizens to think hard about what they would want for their own loved ones, and for themselves, in older age. We urge our communities, both in New York and nationally, to take immediate steps to develop thoughtful and comprehensive contingency plans for evacuation and other emergency conditions that will provide loving protection for the elderly and others in hospitals and long term care settings.”

FRIA expresses its deep sadness about the tragedy that befell the victims of Hurricane Katrina and extends its profound sympathy to all those who suffered from this heartbreaking disaster. Unfortunately, it would appear that the residents of St. Rita's Nursing Home were not part of any priority evacuation or emergency plan despite their vulnerability and older age.

FRIA is an independent, non-profit organization dedicated to promoting the dignity and independence of seniors in long term care settings, with a special focus on nursing home residents, and ensuring their prompt, high quality and compassionate care.  We assist over 1,000 New Yorkers each year.  FRIA has been a pioneer for nursing home reform since its inception and actively advocates for legislative and policy changes that benefit New Yorkers. FRIA’s services include free bilingual telephone Helpline for information on all aspects of long term care, and one-on-one assistance when problems arise regarding the quality of care provided or when resident or caregiver rights are violated.