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Assisted Living Regulations Available for all 50 States

Billy Cunningham — Sat, 11 Apr 2009 09:05:18 GMT

The National Center for Assisted Living (NCAL) recently compiled a summary of the assisted living regulations in all 50 states. The Assisted Living State Regulatory Review can be found at this web page: http://www.ncal.org/about/2009_reg_review.pdf

The Review noted that about one million Americans are now resident in assisted living facilities. Of those about 115,000 received assistance from Medicaid programs in the various states. Until recently, there was little or no oversight for these homes. While there are some federal laws that impact assisted living facilities the primary responsibility is in the hands of state governments. Regulations throughout the US vary. The Assisted Living State Regulatory Review is a source consumers can go to and learn about the regulations in your state.

The Review provides us not only with a summary of the regulations but also with the contact information for the state agencies which provide the oversight. You can find for every state the agency/phone number, the website for the agency, and the direct contact person with that agency who can answer questions and give you information on how to obtain a complete copy of that state’s regulations.

Eighteen states made changes in 2008 and ten states on working on changes this year. Last year some of the changes observed by the NCAL included updates of emergency/disaster preparedness and fire safety standards. Five state’s regulations increased staff training requirements. Four states reported changes to their medication requirements- like Maryland’s new regulation that requires a licensed pharmacist to review physician prescriptions, orders, and resident records every six months for residents who have nine or more medications. Other trends seen in regulation changes include additional disclosure requirements and changes to background check requirements.

The summary of these regulations can assist consumers trying to decide if a facility is proper for a loved one, in determining whether a facility is complying with the state’s requirement, will give the facility operators with contact information so they can be compliant with the regulations, and provide a resource of information for lawyers who represent victims of abuse in these facilities .

Originally posted at InjuryBoard by Billy Cunningham

Tragic early morning Thanksgiving car accident

Staff Writer — Mon, 27 Nov 2006 10:34:00 GMT

An early morning single-car accident on Thanksgiving left one teen dead and one in critical condition, a report from the associated press said.

The 17-year-old boy driving the car died at the scene, while the other three passengers lived. The 17-year-old male passenger was in critical condition at hte University of South Alabama Medical Center, and the other two passengers, a 15-year-old girl and a 16-year-old girl, were treated for minor injuries.

The fatal accident occured on Old Pascagoula Road. Alabama State Troopers report that alcohol may have been a factor in the 1997 Nissan Maxima running off the road and overturning.

"Alcohol was involved," Piggott said. "There was evidence at the scene that led the trooper to the conclusion that alcohol was involved, and that's what my report shows."

It is not yet known whether the driver or passengers were wearing seat belts.

Originally posted at InjuryBoard by Staff Writer

Health Insurance Is A Life Or Death Issue

Pete Mackey — Tue, 01 Dec 2009 08:53:23 GMT

A recent study by researchers based at harvard has found that the lack of health insurance causes almost 45,000 deaths annually in the U.S. The American Journal of Public Health first published the study in its Septemeber, 2009, online edition. The statistics cited by the study's authors are disturbing:

Dr. Steffie Woolhandler, study co-author, professor of medicine at Harvard and a primary care physician in Cambridge, Mass., noted: "Historically, every other developed nation has achieved universal health care through some form of nonprofit national health insurance. Our failure to do so means that all Americans pay higher health care costs, and 45,000 pay with their lives."

Dr. David Himmelstein, study co-author and an associate professor of medicine at Harvard, remarked, "The Institute of Medicine, using older studies, estimated that one American dies every 30 minutes from lack of health insurance. Even this grim figure is an underestimate - now one dies every 12 minutes."

Do you think that any member of Congress would be willing to admit that they could not help an accident victim because they did not have health insurance? Of course not. Now that there are bills to consider, the opponents' cry is "we are for health care reform, but just not what is proposed." The debate over the best solution has been raging for a long time. It's too late in the game to pull out the "we can do better" card at this late stage. Opponents of health care reform have had plenty of time to put forth their own proposals, but decided instead to backseat drive. Time has run out, on the naysayers and on the 45,000 Americans who will not be alive next year without insurance.

Originally posted at InjuryBoard by Pete Mackey

Diseases caused by drugs

Staff Writer — Tue, 05 Dec 2006 12:52:31 GMT

Many consumers are unaware of the many disturbing statistics about diseases caused by drugs. Worstpills.org offers an article detailing some of the statistics and drug-induced diseases. They say that more than 9.6 million adverse drug reactions in older Americans happen each year, and many are unreported to doctors.

The following national estimates are based on well-conducted studies, mainly in the United States:
Each year, in hospitals alone, there are 28,000 cases of life-threatening heart toxicity from adverse reactions to digoxin, the most commonly used form of digitalis in older adults.2 Since as many as 40% or more of these people are using this drug unnecessarily (see discussion on digoxin), many of these injuries are preventable.
Each year 41,000 older adults are hospitalized--and 3,300 of these die from ulcers caused by NSAIDs (nonsteroidal anti-inflammatory drugs, usually for treatment of arthritis).3 Thousands of younger adults are hospitalized. (See list of drugs that can cause gastrointestinal bleeding.)
At least 16,000 injuries from auto crashes each year involving older drivers are attributable to the use of psychoactive drugs, specifically benzodiazepines and tricyclic antidepressants.4 Psychoactive drugs are those that affect the mind or behavior. (See list of drugs that can cause automobile accidents.)
Each year 32,000 older adults suffer from hip fractures--contributing to more than 1,500 deaths--attributable to drug-induced falls.5, 6 In one study, the main categories of drugs responsible for the falls leading to hip fractures were sleeping pills and minor tranquilizers (30%), antipsychotic drugs (52%), and antidepressants (17%). All of these categories of drugs are often prescribed unnecessarily, especially in older adults. (See section on sleeping pills and tranquilizers, antipsychotic drugs, and antidepressants.) The in-hospital death rate for hip fractures in older adults is 4.9%.7 Multiplying this times the 32,000 hip fractures a year in older adults attributable to drug-induced falls, 1,568 older adults die each year from adverse drug reactions that cause hip fractures. (See list of drugs that can cause hip fractures because of drug-induced falls)
Approximately 163,000 older Americans suffer from serious mental impairment (memory loss, dementia) either caused or worsened by drugs.8, 9 In a study in the state of Washington, in 46% of the patients with drug-induced mental impairment, the problem was caused by minor tranquilizers or sleeping pills; in 14%, by high blood pressure drugs; and in 11%, by antipsychotic drugs. (See list of drugs that can cause or worsen dementia.)
Two million older Americans are addicted or at risk of addiction to minor tranquilizers or sleeping pills because they have used them daily for at least one year, even though there is no acceptable evidence that the tranquilizers are effective for more than four months, and the sleeping pills for more than 30 days.10
Drug-induced tardive dyskinesia has developed in 73,000 older adults; this condition is the most serious and common adverse reaction to antipsychotic drugs, and it is often irreversible. Tardive dyskinesia is characterized by involuntary movements of the lips, tongue, and sometimes the fingers, toes, and trunk. Since most of the older people taking these drugs were not actually psychotic, they have a serious side effect from antipsychotic drugs prescribed without justification.11 (See list of drugs that can cause tardive dyskinesia or other movement disorders.)
Drug-induced parkinsonism has developed in 61,000 older adults due to the use of antipsychotic drugs such as Haldol, Thorazine, Mellaril, Stelazine, and Prolixin. There are also other parkinsonism-inducing drugs, such as Reglan, Compazine, and Phenergan, prescribed for gastrointestinal problems.12 As mentioned above, most (about 80%) older adults receiving antipsychotic drugs do not have schizophrenia or other conditions that justify the use of such powerful drugs. (See list of drugs that can cause parkinsonism.)

If you or someone you know has been a victim of a defective drug or drug-induced disease, you should contact your doctor immediately. You may also want to consult a personal injury attorney about your case. For a free case evaluation, complete the form to the right.

Originally posted at InjuryBoard by Staff Writer

How a poor economy can affect people not just in the pocketbook....

Troy Schwant — Tue, 30 Dec 2008 18:58:32 GMT

As everyone knows and has felt, the current economy is effecting how people shop, eat, and live their day to day life. Some people think it is only the middle and lower class that are cutting costs, and trying to save every penny, well those people are wrong.

Every week we hear about a new company that is closing up shop or is asking for financial assistance from the government, and the companies that are still open for business are doing everything they can to make sure the doors stay open, and sometimes that the person who gets hurt is the innocent bystander.

A great example of how the failing economy can have an indirect impact on someone was illustrated to me, just last week when I was at a local shopping center that used to have a local security guard that would patrol the parking lot. As of three weeks ago, the security guard is gone, and with it I believe you will see increased break ins, and possibly an increase of assaults or robberies in that same parking lot.

In fact in Europe, advisories are already being put forth, RoSPA (Royal Society for the Prevention of Accidents) has recently issued a press release specifically addressing the need for companies not to cut back on safety during tough economic times:

http://www.rospa.com/news/releases/2008/pr633_20_10_08_occupational.htm

In the US, the trucking industry has already started a campaign to show that they are complying with all safety regulation, because they know that it is their drivers that are the ones the most affected by the economic crunch are perfect targets to ignore the "Hours of Service", put forth by the Federal Motor Carrier Safety Administration.

http://www.truckline.com/Newsroom/PressReleases/Pages/Anti-TruckGroupsIgnoreSafetyRecordofNewHOSRules.aspx

I believe in the coming months and unfortunately years, you will see an increase in work related accidents and motor vehicular accident involving 18-wheelers, due to companies cutting costs, and specifically cutting costs in regards to safety.

Originally posted at InjuryBoard by Troy Schwant

New Website to Help Families Learn About Nursing Homes

Billy Cunningham — Sat, 14 Nov 2009 08:40:00 GMT

The National Citizens for Nursing Home Reform (http://www.nccnhr.org/ ), a consumer advocacy group for nursing home residents and caregivers in nursing, homes, announced that the Brown University Center for Gerontology and Healthcare Research has introduced a website designed for nursing home researchers that provides data on nursing home care in the US. The website states that its goal is to allow researchers to trace relationships between state policies, local market forces and the quality of long-term care and enable policymakers to craft state and local guidelines that promote high-quality, cost-effective, equitable care for older Americans. NCCNHR believes the site will also be enthusiastically received by many consumer advocates looking for detailed data and more sophisticated comparison tools than provided on other website such as Nursing Home Compare.

The interactive database, www.LTCfocUS.org, incorporates information from a number of government sources-Medicare reimbursement claims, OSCAR (CMS's Online Survey, Certification and Reporting system), the MDS (Minimum Data Set), and Brown's own survey of state Medicaid policies Users can interact with the website by creating interactive maps and tables with comparative information about states, counties, or individual nursing homes. All data provided on the website are also available to download.

The website provides the type information that users can employ to choose up to five variables. It allows the user to create a chart comparing all nursing homes in a state. The broad range of variables from which to choose includes number of beds; for-profit and chain status; percent of Medicare and Medicaid beds; Alzheimer's units; occupancy rates; age ranges, gender and race of residents; direct care staffing (RN, LPN, CNA); acuity of care; certain MDS quality measures; source of admissions (hospital or home); and 30-day rehospitalization rates (a potential indicator of quality not found on Nursing Home Compare).

The website is sponsored by the National Institute on Aging-funded Shaping Long-Term Care in America project housed at the Brown center. While its stated purposes are to "allow researchers to trace clear relationships between state policies and local market forces and the quality of long-term care" and to allow policymakers "to craft state and local guidelines that promote high-quality, cost-effective, equitable care to older Americans," NCCNHR recommends that consumer go to this site to perform their researches about nursing homes in their areas before placing a loved one there. The more you can know about your options for placing loved one in a nursing home , the better equipped you'sll be to help prevent any nursing home negligence or abuse.

Originally posted at InjuryBoard by Billy Cunningham

Fairness in Nursing Home Arbitration Act Does Not Become Law

Billy Cunningham — Sat, 30 May 2009 09:05:53 GMT

In January I wrote a blog on S. Bill 2838, Fairness in Nursing Home Arbitration Act. This bill never became law. The last action taken by the Senate on the bill was in September when it was reported favorably out of committee and then on October 1, 2008, it was placed on the Senate Legislative Calendar under General Orders. Calendar No. 1109. This bill has now been proposed in previous Sessions of Congress last two years. At the end of each session all proposed bills and resolutions that haven't passed are cleared from the books. The bill was never debated by the Senate. This means the bill will have to be reintroduced under a new number in the next session.

The bill was sponsored by Sen. Mel Martinez [R-FL] and co-sponsored by Sen. Patrick Leahy [D-VT], Sen. Russell Feingold [D-WI], Sen. Richard Durbin [D-IL] and Sen. Herbert Kohl [D-WI]. I would urge all you to contact your Senators and Congressmen before the next session and urge them to get this bill reintroduced and passed.

Nursing home abuse continues and arbitration is not the way to handle these cases. When loved ones are put in nursing home today the facility often presents a series of documents to be signed in order for the family member to be admitted. Often stuck in the middle of all those is an arbitration agreement. I have never seen one drafted that is designed to favor or even equally treat the resident. Those agreements are signed by residents with dementia who do not have the capacity to enter into any other kind of contract. Or they may be signed by a family member who does not have a power of attorney or court appointment authorizing them to enter into contracts on their behalf. The nursing home does not care who signs them- it is just part of a process. That process is not in the best interest of the resident. I have seen forged signatures on nursing home arbitration agreements and had one facility admit it forged the signature.

One way to protect against this happening is for everyone to have a power of attorney that prohibits the attorney in fact from entering into any contract that has an arbitration clause or agreement in it. Here is an example of the clause that should be in every power of attorney:

“NO POWER TO AGREE TO BINDING ARBITRATION. Although I have given my attorney-in-fact this general and durable power of attorney, I specifically withhold from my attorney-in-fact the power to agree or consent to binding arbitration, or to agree to any other process that would preclude the right to have a jury decide any issue in controversy concerning my person or my property; this does not, however, preclude non-binding alternative dispute resolution processes such as mediation. “

There are things we can all do to protect our loved ones in nursing home. Let’s start a letter writing campaign now to get the Fairness in Nursing Home Arbitration Act reintroduced and passed.

Originally posted at InjuryBoard by Billy Cunningham

The New England Journal of Medicine Supports the Medical Device Safety Act of 2009

Billy Cunningham — Fri, 17 Apr 2009 18:03:48 GMT

An editorial of the April 9, 2009 issue of the prestigious New England Journal of Medicine encourages Congress to swiftly pass Medical Device Safety Act of 2009 and to allow lawsuits by injured patients to proceed in the courts. In doing so, the editors note that allowing lawsuits like this are an important part of the regulatory framework and very effective in keeping medical devices safe.

The Medical Device Safety Act of 2009 was introduced in response to the U.S. Supreme Court’s ruling in Riegel v. Medtronic, 552. U.S. 2 (2008) where the Court ruled that a medical device manufacturer cannot be sued under state law by patients who claim to have been harmed by the device that received marketing approval from the FDA. Since the ruling thousand of lawsuits have been dismissed and the editors express a concern that continued preemption will result in medical devices that are less safe for the American people.

The Medical Device Safety Act of 2009 as introduced along with a companion bill would nullify the Court’s ruling in Riegel by adding language to make explicit that the law does not preempt suits against device companies. The Court has allowed similar failure to warn suits against drug companies that had FDA approval. The inconsistency needs to be corrected and the proposed bill will do just that.

I believe the editors summed it all up rather well in their last sentence: “ The critical issue of preemption, which directly affects the disclosure of risks and thus the safety of the nation’s supply of medical devices and drugs should properly be decided by officials elected by the people, with whom the responsibility for the health of the public rightfully resides.”

Originally posted at InjuryBoard by Billy Cunningham

Pet Doors are a Danger to Small Children

Billy Cunningham — Fri, 27 Nov 2009 11:16:23 GMT

This past week in Mobile a 2 year old girl crawled out through a pet door and nearly drowned in the family swimming pool. Her mother had left her in front of the family TV long enough to go check on laundry. When she returned, her daughter was not there and her 7 year old brother spotted her in the pool. The family pulled her out and called 9-1-1. CPR was performed at the home by the paramedics and she was taken to the hospital. On last report she was in critical condition at the hospital. The only way she could have gotten out to the pool was through a pet door was all the other doors were locked and the alarm system was on.

A website has been created by Carol Ranfone who lost a 2year old son, Matthew, by drowning. She created http://www.petaccessdangers.org/ to provide access for the public to be aware of the problem. Her tragic story was followed by Good Moring America ABC News report on May 12, 2009. It is too bad that the Mobile family did not see that report or know of the website.

More than a hundred children have died or been seriously injured in the last decade after squeezing through tiny pet doors and getting into swimming pools or other dangerous places, new research has found. "What we see is a picture that's emerging which shows that the pet door is a really serious hazard in a home that no one has really had on the radar screen," said Sean Kane, of Safety Research and Strategies. The pet door that the Rafones had contained no warning that young children could get through them. The news report also demonstrated the possibility of children getting through these rather small door. You can view it here. Click here to see the demonstration.

In most states the law requires that if there is a known hazard in the use of a product, the manufacturer is obligated to either ‘engineer’ out the hazard, guard against the hazard (like a guard over a pinch-point) and/or warn against the hazard.

The manufacturer of the door that Matthew went through also makes a pet with a remote device attached to a pet's collar unlocks the door as the pet approaches. The door then locks again after the pet exits. In its marketing materials, the company touts that the electronic lock "will prevent children from leaving the home." I also read reports where some manufacturers supply a plate that go over the opening to prevent the pets access. Those certainly should be employed to keep children from gaining access.

If you have pet door and small children around, please take all safety steps you can to make sure they do not get out through the door undetected.

Originally posted at InjuryBoard by Billy Cunningham

Allianz Life Insurance Annuity Class Action Lawsuit Update

Staff Writer — Thu, 03 May 2007 14:29:59 GMT

Allegations against Allianz Life Insurance Company of North America assert that the company conspired with a network of insurance sales agents to induce people 65 or older to purchase deferred annuities by means of misleading statements contained in the uniform sales materials. More specifically, the allegations are that Allianz failed to disclose facts that would have revealed its deferred annuities are fundamentally inferior investments for buyers who are 65 or older.

There is a class action lawsuit currently pending that offers some relief, but the relief may not be adequate for all persons who purchased these deferred annuities. Opting out of the class action may be a more appropriate course of action for some.

Our firm has received a number of cases we believe are valuable on an individual basis. In order to be excluded from the class action and pursue an individual claim, your opt-out notice must be postmarked before May 15, 2007. The "opt out" and/or exclusion notice has very specific instructions. These need to be followed as prescribed.

If you are part of the Allianz class action, it may be important to contact an attorney to review the value of your individual claim by clicking the link or filling out the form at right. Thank you.

Originally posted at InjuryBoard by Staff Writer