My Elder Advocate

Hospital Refuses to Report Nursing Home Abuse and Neglect

By Jack Halpern, CEO, My Elder Advocate

A patient advocate employed by Brookhaven Hospital in Brookhaven, New York flatly refused on two seperate occasions to report to the Department of Health, that a newly arrived resident of a local nursing home at been neglected and abused, as the law requires.

New Medicaid Law Scrutinizes Seniors' Finances

Upcoming changes to the Medicaid program threaten to make it more difficult for some seniors to gain access to subsidized long-term nursing-home care.

The regulations also will be tightened on seniors who attempt to hide assets to qualify for the program. The new law takes effect July 1.

It means the government will look closer at seniors' financial dealings and deny benefits to anyone with more than $500,000 of equity in a home.

Federal Government Fails To Protect Elders Against Abuse

Medicare | CMS Fails To Penalize Nursing Homes With Patient Safety Violations, Other Problems, HHS OIG Report Says [May 18, 2006]

CMS often does not penalize nursing homes that place the safety of patients at risk or that have long-term problems, according to a report released on Wednesday by the HHS Office of Inspector General, the AP/Long Island Newsday reports. According to the report, CMS should have terminated the contracts of 55 nursing homes between 2000 and 2002 but failed to terminate contracts in 30 of those cases. In some cases, states did not refer problems with the nursing homes to CMS before the required termination date, the report finds. In other cases, CMS regional staff reported that they did not want to displace patients when they believed the facilities would return to compliance with federal rules, according to the report. "Contrary to our recommendation regarding facility termination, ... (CMS) will continue to apply the remedy in a manner that it believes best protects the well-being of residents," the report states.

Three Adult Homes Cited For Elder Abuse

According to the New York State Department of Health (DOH), three facilities were put on on their “DO NOT REFER” list, because of elder abuse. These facilities are still operating and receiving government funds. They have not been closed.

What does Do Not Refer mean:

According to the Department of Health it means:

"Agencies that receive the State’s Do Not Refer list are strictly prohibited from discharging a patient to a home designated as such."