Nursing Home Residents Win Back Right to Sue
In an unexpected move, the federal Centers for Medicare and Medicaid Services is forbidding nursing homes from entering into...
Read moreIn the largest refugee operation in U.S. history, nursing homes were among the last facilities to be evacuated from New Orleans, following hospitals and the downtown Superdome and convention center. An untold number of nursing home residents may have been left behind in the desolated city.
At St. Rita's Nursing Home in St. Bernard Parish, 32 of 80 frail residents perished before rescuers could get to them, said Joseph Donchess, executive director of the Louisiana Nursing Home Association.
Evacuating nursing homes may be the most challenging aspect of public health. In Orleans Parish alone, 3,000 people lived in 24 nursing homes, according to the National Citizens' Coalition for Nursing Home Reform.
Viewers of NBC's "Meet the Press" heard one typically heartbreaking story. Aaron Broussard, the president of Jefferson Parish (a Louisiana county adjacent to New Orleans), broke down in tears in recouning the ordeal of the elderly mother of one parish employee who was trapped in a nursing home awaiting rescuers who never came.
"Every day she called him and said, `Are you coming, son? Is somebody coming?'" Mr. Broussard said.
"And he said, `Yeah, Mama, somebody's coming to get you. Somebody's coming to get you on Tuesday. Somebody's coming to get you on Wednesday. Somebody's coming to get you on Thursday. Somebody's coming to get you on Friday.' And she drowned Friday night.
"It's not just Katrina that caused all these deaths in New Orleans here," Broussard asserted. "Bureaucracy has committed murder here in the greater New Orleans area."
After evacuations finally began, many nursing home residents were transported to Louis Armstrong New Orleans International Airport, which was transformed into a holding pen for the elderly and infirm. Dozens of people from nursing homes and hospitals lay dying on stretchers on the floor.
"Their organs are shutting down. They are septic. They are storm victims," said chaplain Mark Reeves of the federal Disaster Medical Assistance Team. "We've already had 25 die here."
Meanwhile, it is becoming grimly evident that some nursing home residents -- no one seems to know how many -- were left behind in the city. "[T}here were worrying hints that the forgotten nursing homes of New Orleans might ultimately be found to be worse charnel houses than the stranded hospitals," reports the New York Times.
"A Web site set up by The Times-Picayune newspaper in New Orleans at www.nola.com to encourage people to tell their stories." reports the Times, "had numerous detailed pleas from family members of elderly New Orleans residents saying they believed their relatives were trapped in nursing homes or apartment buildings, unable to make contact because they were bedridden or too senile to ask fleeing neighbors for help."
[UPDATE: FEMA has announced that 30 nursing homes in the New Orleans area have been vacated and 9,400 people rescued from hospitals and skilled nursing facilities, according to Senior Journal. FEMA is bringing in at least two Carnival Cruise ships to Galveston, Texas, to house senior citizens, 65 and older, said FEMA spokesperson Ed Conley.]
The Louisiana Nursing Home Association has set up a Web page where loved ones can search for a nursing home resident. Go to: https://www.lnha.org/katrina/default.asp
For a statement of the National Citizens' Coalition for Nursing Home Reform on the deaths of long-term care residents in Louisiana and Mississippi, click here.
For a New York Times article on the tragedy at the St. Rita's nursing home, click here. (Free registration required and article is available free of charge for only one week from publication date, 9/7/05.)
Local Elder Law Attorneys in Your City
In an unexpected move, the federal Centers for Medicare and Medicaid Services is forbidding nursing homes from entering into...
Read moreMany people incorrectly believe that once someone enters a nursing home, their freedom is over. . .
Read moreNew Obama-era rules designed to give nursing home residents more control of their care are gradually going into effect. ...
Read moreDisagreements with a nursing home can arise regarding any number of topics, including the quality of food, troubleso...
Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
READ MORELearn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.
READ MOREWe explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
READ MOREWe explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
READ MOREGet a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.
READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
READ MOREExplore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.
READ MOREGet a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.
READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
READ MOREExplore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.
READ MORE