Wednesday, February 5, 2014

Reduce Hospital Re-Admissions by Discharging to Better Nursing Homes


A common cause of hospital readmission is urinary tract infection (UTI) associated with catheter placement. This is especially true in the elderly and stroke populations discharged to nursing homes.

The belief is that a hospital treats a patient, sends her back to the nursing home from which she came, only for that nursing home to leave her catheter in too long which subsequently causes a UTI and associated symptoms such as "dizziness and giddiness" that look like they could be stroke related. Thus, the patient is admitted to the hospital, treated and the cycle continues.

Meanwhile, the hospital is unable to cover the cost of the admissions for various reasons: failure to document "present on admission," too many resources were used to diagnose the problem and rule out a stroke, the patient didn't meet admission criteria or payment for the billing DRG simply was less than the cost of the admission.

You can prevent these admissions quite simply by knowing more about the nursing homes to which you're discharging patients. We recommend looking at two pieces of quality information and sharing with families when choosing a nursing home:

1. Percent of long-stay residents who have/had a catheter inserted and left in their bladder (the national average is 5%)
2. Percent of long stay patients who had a UTI (the national average is 9%)

A quick search on nursing homes in the Detroit area yielded surprising results. We found one home in Taylor, MI where 20% of long stay patients had a UTI. That's 11% above the national average! One might find that hospitals in that area discharging to this nursing home have higher than average readmission rates and are losing needless amounts of money.

If that is the case, these hospitals should quickly implement a procedure to present these simple pieces of information to families as they are making long term care choices. Armed with the right information, families can find better care for their loved ones and help you improve your bottom line.

Home Health Care vs Assisted Living


Home Health Care in Los Angeles

Home health care is health care that is provided to patients inside their home, and usually by either health care professionals or family and friends. The term "home care" suggests that the care provided is non-medical and more of a custodial nature, whereas "home health care" may suggest licensed staff members. The differences here are similar to the differences between assisted living facilities and nursing homes. Much like assisted living facilities, home health care lets seniors enjoy a good measure of independence. An elderly individual or couple will appreciate having privacy as well as assistance in daily living needs.

What Home Health Care Provides

What kind of services does home health care provide? Home health care may help seniors with daily living needs such as bathing, dressing, house keeping and cooking and dining preparation. Depending on the needs of the resident, there may be special provisions such as transportation services and errands, volunteer programs, exercise and walking, and toileting assistance. More extensive forms of home health care would also provide rehabilitation programs, including visits from physical therapists and nurses. Other qualified home health care professionals may include respiratory nurses, occupational nurses, social workers, mental health workers and physicians.

Who pays for home health care? This type of outside assisted living program can be paid by private resources from the resident or family, by public payers such as Medicare and Medicaid or by employer-sponsored health insurance plans. Medicare will usually not pay for home health care on a long term basis while Medicaid is more likely to help low-income families with little or no assets. Employer-sponsored home health care is likely to be on a short term basis unless the insurance plan is very generous. Most of the time home health care will be paid for by a family's own resources.

Comparing Home Health Care with Assisted Living

How does home health care compare with in-house stays at nursing homes and assisted living facilities? Most seniors would prefer home health care, of course, as people always do value their privacy. However, there are also circumstances that would necessitate constant supervision of the resident at an assisted living facility, and not only occasional visits. Home health care is basically assisted living, but with even more independence. Therefore a resident that cannot be left alone for long periods of time would be better suited in a nursing or board and care type home.

It might appear that home health care would be cheaper than a stay in a nursing home. However, home health care costs can be just as expensive, depending on the number of hours aides work. Some residents have admitted that full time home health care usually costs twice as much as a stay in a board and care or assisted living home. Most home health care agencies will charge about $20.00 an hour or over. If the resident is relatively independent then the fees associated with the service can be controlled. However, don't forget that if your needs are minimal to begin with, you could hire a trusted individual to perform the same tasks and save money from paying an agency fee.

Home health care is ideal for seniors who feel well and can easily get around but who need occasional doctor visits and help with housekeeping. It is also a preferable choice if a senior needs full time care but does not want to become a resident in a public nursing home. Full time home health care provides the most privacy and personal attention possible. If you are looking for this type of senior assistance, you should always be mindful of the qualifications of workers, as opening one's home to a stranger could always be a security risk. The best home health care agencies have screened workers who are well qualified in their field.

How We Can Help You

ElderHomeFinders is a company dedicated to helping seniors locate assistance in the southern California area. We inspect assisted living facilities and retirement communities in the area so that our clients will find the perfect home at a price they can afford. Can ElderHomeFinders also help seniors find home health care? Yes. Our company can put you in touch with the right home health care agency, according to your special needs and budget limitation. We can also advise you on the differences between home health care services and assisted living and board and care facilities and which choice would better work for you. Seniors have worked hard all their life and surely deserve the best health care possible - whether in a senior living facility or in their own home.

4 Reasons Why It's Essential You Make A Work Accident Claim


When it comes to injury claims there's one category which sees a surprising number of people choosing not to claim, even though they are entitled to, and it is recommended that they do. Work accident compensation claims are amongst the most necessary claims, often because the injury is caused through pure negligence, greed or laziness, and the injuries sustained in a workplace can often be severe. The fact that employers and businesses have liability insurance means that any claim for compensation will be paid for by the insurance company, rather than the employer, so why do people choose not to make a claim when they both deserve it, and more often than not, need it?

The answer is that often people are afraid if the consequences. They are afraid that if they make an accident claim for compensation against their employer that they will find their employment jeopardised, or their working relationship harmed in some way.

Whilst understandable, this doesn't hold up to practical scrutiny, and in fact there are four very good reasons why if you have been injured in an accident at work which wasn't your fault, you should definitely consider making a work accident compensation claim as soon as possible.

1. Financial compensation for expenses incurred & income lost. If you have been injured at work in an accident that was not your fault, and for which liability can clearly be placed with your employer, it simply doesn't make sense to suffer the inevitable financial hardships when you don't have to. If you have been injured you may well need to take time off work, and this can result in a loss of earnings, which your employer is unlikely to voluntarily recompense you for.

Not only that but medical bills and expenses can add up, as well as other things such as the cost of any care and travel. The money you need is waiting for you to submit your claim, and frankly if you're trying to recover from an injury, worrying about money isn't going to help.

2. Specific risk resolved, safeguarding injured party & all other employees. Whether your claim for compensation is successful or not, it is almost certain that your employer will address the cause of the injury, and rectify this, implementing safeguards which should ensure both you and all other employers are better protected in future.

3. Increased probability that other potential risks are addressed, increasing safety & welfare for all. Once an employer realises that their negligence, cost cutting or laziness has resulted in an injury, and a subsequent compensation case, it is highly likely that a more thorough analysis of all health and safety issues will be undertaken, ensuring that overall the workplace is a good deal safer in future, for everyone who will work there.

4. Solicitors in discussion with employer to ensure sound working relationship. Most solicitors will ensure that as part of their service discussions are held with your employer to ensure that there will be no on-going issues or disputes in relation to the claim. Remember, your employer will not have had to pay a penny of your compensation, as their insurance policy covers your payment.

By not making a work accident compensation claim you could well be letting your employer get away with putting your safety and the safety of all your colleagues on the line. The next accident could be even more serious, and may well be preventable by taking the right action now.

Study Shows Nursing Homes Are Havens For Criminals


As our population grows older the number of seniors looking for a peaceful end to their lives by turning to nursing homes and assisted care facilities continues to grow. It is no secret that these facilities are usually understaffed and frequently use employees who are not all that well-qualified. Because of increased emphasis on profitability it is common practice to compromise standards, assuming that there are any in the first place.

When people go looking for a nursing home the last thing they expect is to find a problem with criminals working in the facility. That is exactly what the inspector general of the federal Health and Human Services found out in a recent report. Ninety percent of all nursing homes employee one or more people with a criminal record.

The report goes on to this show that over 40 percent of those employees with a record were guilty of property crimes like burglary, shoplifting, or of writing bad checks. Twenty percent had DUI's and fifteen percent of nursing homes had employees with two or more criminal convictions.

Part of the problem as noted is that the standards sometimes are so low that a background check is bypassed completely. Variation of this problem is that states sometimes only require a background check in the local state. If there was a conviction in the neighboring state it wouldn't show up.

In the year 2006 there was a law passed that required the creation of the database of workers. In 2010 the Department of Social Services decided that it would not seek money to comply with the law.

So there is a lack of standardization in requirements for background checks. Additionally, employers are likely the look the other way if something does show up, which is a major concern. Again, financial considerations are at work here. A well-qualified employee will cost a lot more than someone you with a criminal record.

The Obama administration is trying to create a national program to nationalize background checks for nursing home employees. 10 states so far received federal funds to do the background investigations. As you may have guessed, participation is optional.

There is so much pressure to hire someone, anyone, that frequently standards are out the window.

There isn't much that family members can do on this front. And there is no study that has ever been done on the correlation between employees with criminal records and a mounting evidence of elder abuse in nursing homes which occurs in one out of six facilities.

One thing that can be done by family members is to protect a family resident in nursing homes by installing a hidden spy camera. They can easily detect any abuse.

Tuesday, February 4, 2014

Semi-Truck Accidents and Brake Failure


A loaded tractor trailer truck can weigh up to 40 tons - 16 times more than the average 5,000 lb car. The tremendous weight of trucks requires stringent laws to ensure that safe driving is the major concern of every truck driver- and good braking systems. Many tractor trailers on the road today have two braking systems, -airbrakes and antilock brakes. While a complete braking failure is unusual in semi-trucks, accidents due to brake problems still occur. In fact, the DOT reports that nearly 30% of all truck accidents were caused by issues with the brakes.

If you have been injured or lost a loved one to a tractor trailer accident, you may be wondering if brakes played a role in the accident. The insurance companies and responding law enforcement will investigate the accident scene including the braking system of the truck to determine if brakes were a reason for the accident. There are several ways that the brakes could have caused an accident:

• Wear and tear. Often, truck brakes do not perform as expected because of excessive wear and tear on brake disks.

• Poor air pressure in the air brake system.

• Worn brake seals.

• Missing or broken components in the brake shoe.

If there was some sort of brake failure that led to the trucking accident, you will be eligible for compensation for your injuries, including medical bills, loss of income, long term disability accommodation, and compensation for pain and suffering. Exactly by whom you will be compensated can often be a tricky matter, however.

Trucking is a complex system that can involve a driver who works alone or for a company, trucking companies, loading companies, and manufacturers of parts. Any of these parties might be liable for the brake problems that lead to the truck accident, and the parties will likely try to shift blame. The liability falls with the party who was negligent in their duty to ensure that the truck was properly functioning:


  • The truck driver: Truck drivers are required to inspect the truck before every trip. If a truck's records reveal that the truck driver had not properly inspected the truck's braking system before the fateful drive, the truck driver can be held negligible for the brake failure.

  • The trucking company: If a trucking company was responsible for inspecting or maintaining a truck and failed to properly do so, they can be held liable for the trucking accident.

  • The manufacturer of the parts: Manufacturing defects happen in all sorts of products, including truck brakes. If a brake suffered a defect, the manufacturing company might be responsible for the accident.

  • The loading company: If a loading company didn't load the truck well, problems with the brakes could result.

There are so many different reasons that a truck's brakes could have failed and so many different parties that could be responsible for their failure. If you have suffered injuries from a semi accident, you should contact an attorney. A truck accident attorney will make sure that all necessary reports are collected, that responsible parties are held accountable for their actions, and that you receive an adequate insurance award to help you recover to the best of your ability.

Acquisition of Nursing Homes Through a Non-Recourse Loan


There's a variation involving how properties are bought versus how nursing households are bought. Though the two these deals come beneath the broad type of purchasing home (genuine estate), the terms and costs of lending are governed by absolutely unique laws in every single case due to the fact homes are individual qualities which comes under the classification of domestic investments by folks, even though invest in of any industrial house - for whatever the objective - arrives underneath the purview of industrial lending charges. For example, when a person wishes to make use of the avenue of non-recourse lending for your obtain of a home, it is possible for him to make use of his IRAs so as to ameliorate his borrowing capability. A lot of people do that. Nevertheless, a businessman investing in expansion of his organization cannot do the identical matter.

Still it is feasible to make use of a Non-recourse financial loan to acquire nursing houses by utilizing the piece of home alone as collateral for securing the mortgage. Hypothecation is strategy of employing the house as collateral. It is most normally understood by borrowers as 'mortgage'. Although the idea itself is acquainted, it's important to have the quotes for hypothecation before getting into the cope having a lender as the charges and phrases of mortgaging property range in accordance with form of offer and also the guidelines in the jurisdiction.

Along with acquiring house by means of non-recourse personal loan, there is also a provision to implement residence via lease. The most common actions for getting hospital amenities, nursing properties and recuperation facilities is via the triple-net lease. On this, the lessee or the tenant is anticipated to shell out for maintenance, making insurance coverage together with all of the taxes applicable, as well as the lease hire. Most industrial buildings appear less than this classification of leasing, as are some home residences.

When seeking to acquire nursing houses as a result of non-recourse loan, you will find particular advantages which the buyer/borrower ought to hold in mind - for these are strengths which other creating proprietors would not be able to avail on their own of: Nursing properties and assisted residing loans are thought of on the basis of size and sort of building and according to these parameters, a possible purchaser can get estimates earlier than settling for any cope. The Housing and Urban Improvement (HUD) division which is the proponent of loans for these properties very first considers whether or not the premises are profit or non-profit oriented. With many other factors such as building, renovation or acquisition made the decision upon, quotes could be obtained for that bank loan.

Personal Injury Attorney: Methods To Pay For Legal Help


You deserve to have the help of a personal injury attorney, no matter your financial situation. This is why there are several ways to afford the help of a firm. If you think you cannot afford it, think about the fact that you may have to pay for all of your medical bills, property damage, and other expenses related to the injuries on your own, which is much more expensive.

If you cannot afford to pay your personal injury attorney upfront through cash or debit card, you may be able to work out a payment plan. In fact, many attorneys accept financing as a way to pay for legal assistance, so you should definitely ask about this possibility. Make sure you understand the terms of the agreement so that you are able to pay every month on time, since otherwise you might jeopardize the legal help you are getting.

If your lawyer does not offer financing, you might consider putting the fees on a credit card. This is essentially the same, especially if you have a low-interest card. It will allow you to get the help you need now instead of waiting until you have saved up the money. In the end, you will likely get back any money you had to pay in interest since you will probably get more than what your injuries and damages cost you. This means you should have enough left over to pay off your card once you get what you are owed.

Some lawyers even work for free if you lose the case. Thus, you only pay when you win the case, and by then you should have more than enough money to pay both your lawyer and your bills related to the crash. This is called a contingency fee, and some lawyers' use this method when they believe you deserve help even though you cannot current afford it. If you can find a personal injury attorney who uses the contingency fee method, you should discuss your case beforehand with him or her since many such lawyers only take on strong cases.

You should use your initial consultation to talk about the payment methods available to you. You do not want to commit to legal help from a personal injury attorney without being able to afford it, yet you should not completely avoid it just because you cannot pay right now. There will likely be a solution that works for you, so be sure to check out your options.

Certified Nursing Assistant, AL


Alabama has approved its own Nurse Assistant Certification programs ever since Congress passed the Omnibus Budget Reconciliation Act in 1987. The law is in place so states can oversee the standards of care in long-term care facilities like nursing homes.

The Alabama Department of Health approves CNA training programs throughout the state and maintains the registry list of CNAs that are legally allowed to work in long-term care facilities.

Requirements to work as a CNA in Alabama:

  • Successfully complete a state-approved training program

  • Pass the CNA State Exam (both writing and skills portion)

  • Have a clear criminal history background check

Salary Average for Certified Nusing Assistant AL

  • $21,000

  • $10.00/hour

Training program criteria in Alabama

Each program will differ from the next but all programs have to keep up with standards set by the State of Alabama

  • 75 hours of training

  • Classroom Learning

  • Hands-on Learning

Applying for reciprocity in Alabama

If an approved CNA moves to Alabama from another state they must first be employed by a long-term care facility before they can apply for reciprocity. At this time they will be places on Alabama's registry

List of State-Approved Training Programs

Below are a few training programs in the sate of Alabama. For a complete list of training programs please refer to the Alabama Department of Public Health or contact them at:

Alabama Certified Nurse Aide Registry

Alabama Department of Public Health

Division of Health Care Facilities

The RSA Tower, Suite 600

201 Monroe Street

Montgomery, AL 36104

Phone: (334)206-5169

Fax: (334)206-5219

Easter Seals Central Alabama
2125 E. South Boulevard

Montgomery, Alabama 3611

Phone #: (334) 288-0240

Fax: 334-288-7171


  • Tuition is $1,150 and includes:


    • Five week intensive training


    • Instruction by a qualified R.N.


    • 2 uniforms, 1 lab coat, 1 pair of shoes


    • Watch


    • Stethoscope


    • Textbook


    • Fee for CNA exam


    • Background check, TB test, drug screen


Gadsden State Community College
1001 George Wallace Dr
Gadsden, AL 35902-0227

Phone #: (256) 549-8257 (For Nursing Assistant Adviser)
Phone #: 256-549-8200 (For general inquiries)

  • Two semesters of 25 credit hours


  • Program covers: Nursing Assistant, Phlebotomy and Medical Unit Clerk

  • Only 10 student allowed per semester

  • Cost of tuition + fees

J. F. Drake State Technical College
3421 Meridian St N

Huntsville, AL 35811

Phone #: 256.551.3156 (For nursing secretary)

Phone #: (256) 539-8161 (For general inquiries)

Fax #: (256) 551-1704

  • 10 day program 8 hours a day


  • Cost $445

Reid State Technical College
I65 and Hwy 83
Evergreen, AL 36401

Phone #: 251-578-1313, extension 124

  • Estimated cost: $2500

  • One semester

Shelton State Community College
The Martin Campus
9500 Old Greensboro Road
Tuscaloosa, AL 35405
C.A. Fredd Campus
3401 Martin Luther King Jr Blvd,
Tuscaloosa, AL 35401
Phone #: (205) 391-2457
Office: 3613 Martin Campus

  • thirteen (13) credit hour program per semester


  • Total Cost $ 1,908

Understanding the Nature of Elder Abuse


Our nation's elderly are men and women just like us who have lived their life to the fullest. They are not just elder adults, they are people with feelings, emotions and self respect. Unfortunately, every year hundreds of thousands of elderly adults fall victim to the abusive behaviors of their caregivers, nursing homes and even family members.

Elder abuse refers to the knowing, intentional or neglectful act by a caregiver or other adult that causes harm to the elder adult or puts them at a serious risk of harm. Elder abuse is such a common, wide-spread problem that legislatures have enacted some form of elder abuse prevention laws in all 50 states. Elder abuse occurs in various forms including:

Neglect - Failure to ensure proper hygiene, proper feeding or nutrition, healthcare, or shelter.

Physical Abuse - Restraining the elder adult such as tying them to the bed rails, squeezing them, slapping, hitting, and punching, over medicating or unnecessary sedation.

Sexual Abuse - This entails any kind of non-consensual sexual contact, or forcing the elder adult to undress, or forcing the elder adult to watch pornographic material etc.

Emotional Abuse - This can refer to any kind of humiliation, verbal threats, derogatory remarks, social isolation or intimidation.

Financial Exploitation - Stealing the elder adult's personal belongings, taking cash, writing checks for the caregiver's benefit, withdrawing money from an ATM machine, identity theft, taking out credit cards in the elder adult's name etc.

Unfortunately, due to an elder adult's vulnerability or medical conditions, they often suffer in silence. As a close friend or family member it's important to stay alert if you suspect elder abuse. Common signs of elder abuse may include: sudden unexplained weight loss, poor hygiene, unclean living quarters, unexplained bruising or restraint marks, lethargy, bruising around the inner thighs or gentiles, arguments with the staff, or any sudden or strange changes in mood or behavior.

As a family member or loved one, often times we have to put our loved one in a nursing home, extended living care facility or we have to hire a caregiver to take care of them when we no longer can. Unfortunately, elder abuse is a large problem that cannot be ignored. If you suspect anything or something doesn't feel right, you should look into the matter. Often times nursing homes are over-extended and short-staffed. As a result, their patients receive subpar care and become neglected.

Other times the elder patients are victims of downright intentional abuse. Whether they are physically harmed, sexually abused or a victim of financial exploitation, their caregiver needs to be brought to justice so no one else gets harmed by this person's unscrupulous acts. If you suspect elder abuse, contact an attorney right away. They will be able to inform you of your rights and the proper legal procedures to follow. With proper protocol, you can help your loved one become free of their abuser so they don't have to suffer anymore.

Do You Suspect Nursing Home Negligence or Abuse?


Making the decision to place your loved one in the care of a nursing home or extended living facility may have come with mixed emotions. You may have sensed a loss due to the fact that things have gone beyond your control, while on the other hand, you may have felt a sense of relief knowing that your loved one will be receiving round the clock care.

Much like young children, our nation's elderly population can be physically incapable of caring for themselves. Often times, the day will come when they will need ongoing professional care. Unfortunately, because of their inherently vulnerable nature, they can be subject to different types of abuse. In fact, nursing home negligence and abuse is a larger problem than people might think. It is not limited to the shoddiest of nursing homes or only to those people without money. Nursing home negligence can happen in any nursing home or extended living facility - even the nicest, most expensive homes have had reports of neglect and abuse.

In fact, according to "Elder Mistreatment: Abuse, Neglect and Exploitation in an Aging America" sent out by the National Research Council Panel to Review Risk and Prevalence of Elder Abuse and Neglect, it is roughly estimated that between one and two million Americans over the age of 65 will experience abuse of some sort in a year - no matter whether this involves financial abuse or physical injuries. Other studies have found that despite these harrowing numbers, a mere one in fourteen incidents will ever be reported to authorities - making our estimations of elder abuse a mere fraction of the actual abuse that is occurring.

Why does this happen? First of all, many nursing homes are at maximum capacity. Americans are living longer now than ever before. In an effort to keep costs down, nursing homes sometimes hire underpaid and undertrained staff who eventually wind up being overworked. Even the most well-meaning employees can neglect to properly care for a resident when they are stretched too thin.

Other times nursing home negligence or abuse is downright intentional. A dishonest person can inadvertently be hired by the home. They can commit small crimes such as petty theft or they can be involved in full-fledged identity theft schemes. Financial exploitation can go undetected for years before the perpetrator is eventually caught.

Nursing home abuse can be far more sinister than theft crimes. It can involve actual physical and sexual abuse. Both physical and sexual abuse is probably the most worrisome types of abuse associated with nursing homes. Virtually any form of abuse imaginable can go on behind closed doors. Often times the elderly suffer in silence. They may keep the abuse to themselves out of fear of their attackers or an overwhelming sense of shame. Furthermore, their complaints might fall on deaf ears. People can dismiss complaints as hysterical or delusional when in fact they are very real.

Physical abuse can include any form of abuse imaginable. It can involve hitting, punching, striking, grabbing the elderly individual in a rough manner or heavily sedating them. Sexual abuse can include forcing the elderly patient to watch pornographic material, forcing them to undress, fondling or rape.

Elder abuse can also involve the use of restraints, overmedicating, and social isolation. It typically results in physical, emotional and psychological damage for the victim. If you suspect nursing home negligence or abuse, you must contact an experienced personal injury attorney without delay. Nursing home negligence is an entire aspect of personal injury law that has gained recognition in the legal community and in the courts. Your loved one may be entitled to compensation for medical expenses and pain and suffering. In the very least, a lawsuit will help draw attention to the problem so nobody else will have to suffer at the hands of the abuser. Calling an attorney will be your first step to bringing the abuser or the facility to justice!

Financial Assistance For Elderly Veterans and Their Widows is a Well Kept Secret


Ask an elderly Veteran if they are aware they may be eligible for a pension from the Veteran's Administration and they will tell you "I'm not eligible because I was not injured in the War." This is a common misconception which keeps many Veterans from tapping into a benefit they well earned by serving our country. The fact is elderly, disabled Veterans and their widows may very well qualify for large sums of money, but they have to apply for the funds. There are several Veteran pensions, but the pension designed to help elderly Veterans and Veteran's Widows pay for costly Home Health Care, Assisted Living Facility or Nursing Home fees (if the Veteran is not covered by Medicaid) is called Special Monthly Pension with Aid and Attendance. The pension can pay a married Veteran up to $1,949.00 per month, an unmarried Veteran up to $1,644.00 per month and a Veteran's Widow can receive up to $1,056.00 per month. The amount one receives is based upon their medical expenses and their current financial and medical status. The pension is paid by check directly to the Veteran or Veteran's Widow every month as long as they meet the criteria.

The Special Monthly Pension with Aid and Attendance is the government's best kept secret. I cannot tell you how many seniors have told me that they called Veterans Affairs and were actually told that this pension does not exist or that they do not qualify. For thirteen years, I have assisted Veterans and Veteran's Widows in obtaining these funds - they really do exist.

To get the maximum pension amount, a Veteran must qualify medically and financially and must have served their country for at least one day during "War Time". Also the Veteran must have been honorably discharged. Every case is considered individually. If a Veteran or Veteran's Widow feels they may qualify, they can apply for the pension. The pension can take many months to actually be approved. The average waiting period is three to eight months. The first check will be retroactive to the month the application arrived at the Veterans' Affairs, therefore the first check may be for thousands of dollars. Subsequent checks will arrive monthly for the approved amount. This pension money can mean the difference between affording adequate care for an aging Veteran/ Widow or having no care at all.

As with any governmental program, success is all in the paperwork. The pension application is many pages long and some of it is in essay form. It is the exact wording used in the essay areas that mean the difference between approval and denial. Also, Veteran's Affairs does not tell Veterans about all the supporting documents that they would like to see. The better the medical and financial records, the better the chances are of approval. Including the right medical forms signed by a doctor is very important for approval. Also typical of governmental red tape is the frustrating lack of communication. Once the application is filed and in the process of being reviewed, it is nearly impossible to get an update or check on the status of the application unless the Veteran/ Widow make the call themselves. For most of our clients, they are too ill or too confused to make a call like that.

In a perfect world, financial assistance for those who qualify should be easily accessible and easy to get. But the reality is that government agencies are inherently complicated and their application processes are never self explanatory or simple. Ignorance of the rules is no excuse and no one will tell you the rules. The rules are written in a handbook, but the Veterans Affairs is not allowed to give them to you. Seasoned Eldercare professionals can often navigate these processes for you. They may charge for their services, but to attempt to do it yourself and have your application denied, will cost much more money. The Department of Veterans' Affairs supposedly employs staff to help Veterans and their Widows apply for these pensions for free, but it is these very people who have told so many seniors that they do not qualify, when in fact they could qualify if they made one small change. Perhaps Veteran's Affairs is afraid that if they made it easy for every Veteran to apply, the pension fund would go broke. Given that War Time includes the Gulf War Era which began in 1990 and has not ended yet, I anticipate the pension fund will one day be either broke or impossible to get. For now, the money is very much available and attainable.

Here are the Special Monthly Pension with Aid and Attendance eligibility criteria for the year 2008.

1) Veteran served in the Military for at least one day during War Time or had a spouse who served at that time. Spouses are people whom you never divorced.
2) Honorably Discharged from the Military.
3) Currently has medical or psychological condition which make the Veteran or Veteran widow dependent on the aid or assistance of a non- family member in order to meet their daily care needs or they reside in an Assisted Living Facility or Nursing Home ( not on Medicaid). This claim must be supported by physician signed forms, financial data and medical records.
4) Veteran Financial Criteria: Have assets in their own name below $80,000 (if married) or below $50,000 (if single). The car and house does not count as an asset. Annual income below $19,736,.00 (if single) or $ 23,396.00 (if married) after all medical expenses such as insurance premiums/copays, assisted living facility fees, paid caregiver salary, medications, medical transportation/ supplies, certain housing expenses, etc.
5) Veteran Widow Financial Criteria: Assets below $50,000 and income less than $12,681 per year (after medical expenses listed above).
6) Note: Income figures are AFTER MEDICAL EXPENSES. VA may require someone of advanced age to have fewer assets than quoted above. We have seen this when applicants are near 100 years old.

In many cases, if a person has a paid care giver, such as a nurse's aide, or they pay an assisted living facility, or they pay out of pocket for a nursing home, those expenses impact so greatly on a person's net income, that they will meet the criteria for the income level.

If a Veteran or Veteran Widow has cash assets above the limit, they are allowed to place those assets into certain investments in order to have them "sheltered". This sheltering does not have a penalty or "look back period" associated with it. Proper asset sheltering for Special Monthly Pension with Aid and Attendance should be done under the supervision of an elder care professional or attorney well versed in Medicaid planning because one could easily ruin the chances of ever getting Medicaid if the V.A. pension planning was done incorrectly.

With a little professional planning, many Veterans and Veteran Widows can receive pensions that make a significant difference in the amount of care they receive. After all, the reason for this particular pension is to assure that a Veteran or Veteran Widow does not live in a substandard environment in their old age. It takes a little work to apply for this pension, but anything worth having usually does.

Monday, February 3, 2014

Scabies at Day Care, Schools and Nursing Homes - How to Protect Yourself Or Your Child


In Florida, I've recently heard of three nursing homes in the area that had scabies cases. A client of mine at the mental health clinic told me that she couldn't get elimite at the local pharmacy as it had sold out. Her child had picked it up at the local child care center from another student. I spoke to a nurse at the mental health clinic where I work and she said that she feels itchy when leaving the assisted living facility she works at one time a week but she's never contracted scabies.

Scabies are very tiny mites so they can't be seen by the naked eye. They can be spread by skin contact such as holding hands and sexual relations, as well as by sharing clothing or bedding. Kids play very close to each other and get into wrestling and close contact looking at baseball cards, cell phone pictures and coloring together. At nursing homes people sit next to each other watching tv, hug each other for support and sometimes share clothing with their roommates. Sharing head phones can spread it as well and kids tend to do this with ipods often.

With scabies you may first itch before you notice the rash. Common spots are the arm pits, webs of fingers, wrists, stomach area and buttocks. Kids can get scabies on their faces but adults generally don't. You may also see the little burrow lines that are white, grey or red where the female egg zig zags under your skin to lay the eggs. These are difficult to see due to their thinness.

Permethrin cream is applied to the skin and left on over night to kill the scabies. At the same time, a thorough wash is needed in very hot water for the clothing and bedding. After 24 hours kids can go back to school, but be aware that if other kids are carrying scabies or untreated, one can get re-infected. This is one reason why they foud that a nursing home kept having residents re-infected. People weren't treated that had scabies and when they were, they didn't apply the cream under the nails. This is an important area that gets forgotten. When people scratch themselves , they can easiy spread what's under their finger nails to others. Scabies is not difficult to treat, but it needs to be done properly and with attention to detail.

Pet Friendly Retirement Communities


Since we are in the aging of America, many baby boomers have pets for companions. It is said that seniors live longer, happier, healthier lives with a pet.

Most communities or developments do consider themselves as pet retirement communities. What does this mean? In general, it means that pets are o.k. to have and are not prohibited. However, depending where you live, in a pet retirement community, there may be restrictions on the pet you own. For example, you may not be allowed to own Pit Bulls, Doberman Pinchers, or dogs weighing over a certain weight. Your pet friendly communities or development has what are called 'Docs' or Documents that do have restrictions listed.

The pet friendly retirement communities you choose may have a certain area that is dedicated to a pet park. There may also be restrictions on where you can walk your pet. Be sure to carry all the paraphernalia needed to poop-a-scoop.

Are you going to an assisted living community or independent living community? Be sure to review their policies as to a friendly retirement communities:

* a deposit to cover pet related damages.
* insurance against dog bites
* pet care fee's for pet care you can't provide
* vet availability

It really is not uncommon to see pets in friendly retirement communities. Ask those around you in the community where you plan to retire. They will tell you what a delight it is to have a pet companion in their lives.

Like anything else, do your due diligence in your research for you and your pet retirement communities.

Adult Day Care: 5 Reasons It's a Preferred Alternative to a Nursing Home


Adult day care centers are a preferred alternative to nursing home or institutional care, providing activities, opportunities for socialization, convenience, and independence all while providing expert health care dedicated to helping clients improve daily functioning or delay worsening of conditions. There are many reasons to consider adult day care, including the following benefits.

1. Prolonged Independence and Improved Daily Functioning

Medical adult day care centers promote their clients' ability to remain independent by supplementing the assistance they receive from family caregivers with a program of health care services and activities custom-tailored to each individual's needs and interests.

By taking part in these activities, clients receive cognitive and physical stimulation that helps to enhance well-being while delaying or preventing a decline in health that would ultimately lead to placement in an assisted living facility or nursing home. In addition, many offer on-site specialists to provide physical therapy, speech therapy, and occupational therapy. These therapists work with clients to improve daily functioning by developing strength, range of motion, balance and cognitive abilities.

2. Nutrition and Medication Management is a Priority

Ensuring that clients receive proper nutrition and medication each day in the absence of their family caregivers is an important factor in fulfilling the commitment of helping clients maintain the best possible quality of life and well-being.

Caregivers can be assured that nutrition is a top priority. Adult day care centers provide appetizing, wholesome meals and snacks that are approved by a dietician. Meals served at centers typically include provisions for diabetics, vegetarians, sodium-restricted or low-cholesterol diets and other special dietary needs.

Additionally, the staff can administer medications and injections as prescribed, monitoring the effectiveness of the treatment and relaying this information to the client's physician, caregivers and case manager.

3. A Cost-Effective Alternative to Nursing Homes or Institutions

Adult day care centers offer the most cost-effective long-term care option. While costs differ based on care level and geographic region, nationwide averages show that the annual costs for medical adult day care services are significantly less than those for other long-term care options.

In many cases, services may be paid in part or in full by Medicaid, the Veterans Administration, or private long-term care insurance, although coverage varies by state and policy. Additionally, out-of-pocket expenditures may qualify as a tax-deductible medical expense.

4. The Convenience of Door-to-Door Transportation

Some adult day care centers provide flexible, door-to-door transportation for their clients within a convenient radius of the center.

In addition to transportation to and from centers, many also escort their clients to medical appointments when needed. This service is particularly helpful for caregivers who maintain full- or part-time employment outside the home, as it decreases disruption of and distraction from their work day.

5. Effective Management of Chronic Conditions

When clients come to an adult day care center, they typically receive a customized care plan that incorporates cognitive and physical activities as appropriate in order to help them remain active and intellectually stimulated throughout the day while maintaining or improving their present level of independence and functioning.

Adult day care centers typically staff skilled RNs, LPNs, personal care assistants, activities staff, and therapists who play an important role in helping their clients address the challenges of chronic conditions. The staff is able to help by assisting with daily personal care and hygiene, nutrition and medication management, blood pressure and blood sugar monitoring, tracheotomy care and tube feeding, and offering on-site physical, speech and occupational therapy. Additionally, many centers will work with families in the implementation of these health management and therapeutic techniques, so they can take an active role in the client's care and treatment at home.

Adult day care centers provide many benefits for both caregivers and their loved ones. The convenience, health assurance, socialization, and cost all contribute to the many reasons that adult day care is becoming a preferred choice for caregivers. The decision for what type if care is best for your loved one can be difficult. Before making the decision, consider if adult day care may be the right choice for these reasons, and many more.

55+ Communities: The Difference Between Nursing Homes, Continuing Care Retirement And Active Living


If you're approaching retirement age, you might be wondering about the difference between the types of housing options for seniors. From continuing care to 55+ communities, there are a number of options to help seniors, no matter what they're looking for. Living in one of these places can provide seniors with a variety of activities to keep them busy, but how do you know which is right for you?

55+ Communities

These are specially planned areas with seniors in mind. They're typically in warmer weather climates and offer amenities like fitness centers with pools, spas, tennis courts, bocce courts, golf courses, meeting rooms, ball rooms, arts and crafts centers, dancing lessons, on-site restaurants and more. Residents can choose to live in their own home or apartment and many offer gated security that's available 24 hours a day, seven days a week. Although these 55+ communities are for people as they live out their retirement years, they are not retirement homes. They do not have nursing staff or other medical personnel on site and are not intended for residents with serious medical conditions that require constant care.

55+ communities have age requirements that must be met before residents can move in. Consideration is made if one member of a couple is over 55, however many have restrictions on the length of time guests under 55 can stay in the community. This sometimes mean that other family members need to stay in a hotel for an extended visit, so check on these restrictions before buying a home if you expect to have long-term out of town guests.

Some 55+ communities that offer active living lifestyles offer special weekend getaways for people who are thinking of moving to the area. If you're interested in trying out the active living lifestyle before committing yourself to buying a home and moving in full-time, consider one of these weekends. This will let you try out a number of 55+ communities to make sure you've found the one that's right for you.

Nursing Homes

Nursing homes provide round the clock care to residents. They're ideal for people who need continuous care like physical, occupational or other therapies. Nurses and other staff will help residents bathe, get dressed, eat and more. Once someone goes to live in a nursing home, they often stay there for the rest of their life, although some residents can be rehabilitated to the point where they no longer require long-term professional care.

Continuing Care Retirement Communities

A continuing care retirement community blends aspects of active living with the care available at a nursing home. They're the ideal situation for seniors who require daily assistance, yet do not need the constant, round the clock care of a nursing home. Seniors can live independently, yet move into assisted living as it's necessary. These typically don't offer as many amenities as 55+ communities.

Choosing where to live after retirement can be a big decision. Many seniors have active living lifestyles before retirement, and want to continue this lifestyle afterwards. Knowing the difference between these types of housing options can help you make a knowledgeable decision on the one that best fits your needs.

Nurses Eating Their Young


As a new nurse, I'm all too familiar with the proclivity for older nurses to try to intimidate newer, less experienced, nurses. This concept, this idea, this fact, has been around for a very longtime. After all, it isn't like the colloquial saying, "Nurses eat their young" was created yesterday. In fact, nurses start to eat their young as they hit the floors during clinical. It starts, in my opinion, in nursing school. Now, as my former classmates and instructors know, I'm verbose, stubborn, bright, and intense. As an older male entering a traditional nursing school full of young 20 something females with whom just entered college for the first time, I found nursing school extremely challenging to say the least. As an older professional, former law enforcement officer, I didn't like being bullied, intimidated, or humiliated. And, I often fought back, usually to no avail. Overall, nursing school was a good experience, but I'll never forget some of the tactics my professors tried to use to break me down, put me down, and insult my intelligence.

As a nursing technician, I remember the abuse I, as well as many of my colleagues, endured. Many nurses, especially new nurses, like to pick on, chew up, and demoralize their less experienced, less educated nurse technicians. I've been yelled at, ridiculed, lambasted for not being able to read minds, and I always, believe or not, bit my tongue (nursing school excluded).

Now, as a registered nurse, I still witness nurses eating their young. Sure, it's usually subtle, nurses putting newer nurses in situations they know they can't handle for their own amusement. Or, using their caustic wit as a weapon, they will try to put their younger counter parts in their place. I'm not immune, I've been victimized. However, I have tough skin, armor I've developed over the years from monsters bigger and badder than my colleagues in balloon decorated scrubs.

However, the past is the past. Now, this is the 21th century. And guess what? I, as well as many others, am now the future of nursing. And now it's time to eliminate the practice of nurses eating their young. Not only is it unethical, contradictory to our ethical tenet of doing no harm, it costs hospitals, long-term care facilities, and clinics too much money. Unfortunately, the turnover in hospitals is ridiculous, costing our healthcare system millions of dollars every year. The practice of nurses eating their young is, in a sense, no longer economically viable. We just can't do it anymore, and we shouldn't.

How are we supposed to dispose of this atavistic relic rite of passage? Well, we must quit putting up with it. As a future administrator, I will not tolerate abuse amongst my team members. I challenge my peers and all present administrators to put an end to this, as it is shameful. We're nurses, we're advocates, counselors, ethicists, and technicians all rolled up into one. It's time we act like it.

Sunday, February 2, 2014

1,000 People A Year Cured Of ME Thanks To A Lightning Strike


Close to 1,000 people a year are recovering from ME and other similar debilitating conditions after taking a 3 day training program in North London.

It's not unusual for residents of Weston Park, Crouch End, to see someone wheeled down the quiet street in a wheelchair, and two days later see the very same person walking with ease down the road unaided.
The Phil Parker Lightning ProcessTM is a training program which is producing amazing results where other 'treatments' for debilitating conditions, such as ME, have failed.

Devised by Phil Parker, Osteopath, personal development coach and author, the Lightning Process is helping thousands of people considered 'lost causes', by the medical profession, resolve chronic back pain, headaches, migraines, digestive problems depression, anxiety, panic attacks and ME.

Esther Rantzen's daughter resolved her well publicized battle with ME after a three day trip to visit Phil Parker. Ex-England Rugby player Austin Healey has spoken of the joy he felt after his wife resolved five years of her debilitating fight with the illness which literally lays sufferers' lives to waste. Austin Healey says: 'We'd been searching for five years to find a cure for my wife Louise's ME. We found the Lightning Process delivered that cure. Louise is now completely recovered and our future is brilliant again. Having seen the Lightning Process in action, I'm convinced it is the most powerful way to make rapid and lasting changes in any area of your life'.

ME currently affects 250,000 people in the UK and it is generally understood by the Medical profession that there is no cure. Over 1,000 clients a year can attest that this is not the case. In fact, the Lightning Process has been so effective, a large number of former ME sufferers (helped by LP) have since retrained as practitioners and now teach the Lightning Process throughout the UK.

These 25 people all recovered from ME using the Phil Parker Lightning Process. Their combined number of years of illness was 330.

The Lightning Process was devised by Phil Parker and combines concepts from NLP, Hypnotherapy, Life Coaching and Osteopathy. Parker says: 'The Phil Parker Lightning Process is the result of my research over the last decade into why, when problems occur in people's lives, some of them hit a wall and get stuck and others seem to be able to deal with the difficulties in a different way and move forward.'

Parker developed the innovative Lightning Process and has gone on to help thousands of sufferers, including Vikki who was housebound for many years. (see Vikki's former life-story here: http://www.bbc.co.uk/kent/content/articles/2007/05/08/features_me_vikki_feature.shtml ) Vikki is now well and has just returned from her first holiday abroad in 18 years.

How can a self-development coach help 1,000's who've been failed by the medical profession?.

The story of the creation of the Lightning Process began with failure. Parker says: 'I had studied with some of the best personal development trainers in the world, read the most cutting edge books, become a highly respected authority in the world of change, and yet there were still some clients, who I felt I should be able to help because of my advanced skills and depth of experience but for whom nothing seemed to work.'

Many of these were ME patients and I began to dread treating them. It's frustrating as a practitioner to fail your patients. And for me, taking them on and not providing results was a failure.'

Parker took his worries to other professionals, and he says: 'This didn't surprise them, dozens of other professionals had tried and failed- they had become resigned to ME sufferers being a hopeless case. This in many cases also extended to patients suffering problems such as low self esteem, self-doubt and even self-hatred, anxiety and depression'.

Parker knew that while he could help many people resolve their issues, there was a hard-core element that weren't able to resolve theirs. Parker says: 'I kept wondering, "What was the difference?" and if we could identify this difference, could we retrain those people "stuck" in their own personal hell, to get unstuck.'

Understanding the mind/body link

The research undertaken by Phil Parker looked at how the brain and body become trapped in a number of damaging unconscious responses, which blight health and stunt lives. Using a powerful combination of techniques uniquely developed using the philosophies and research of NLP, osteopathy, self hypnosis and life coaching, Parker began to achieve amazing results with clients by training them to successfully replace old unhelpful responses and start to regain their health, their sense of self and their future.

How does it work?

Using the LP's technique of combining particular body movements and postures with a set of precisely targeted questions many people have got their health back into balance, quickly and successfully recovering from real illnesses that had troubled them for years.

The Process is specifically tailored to an individual's needs and abilities, and the trainee is supported and assisted by an experienced trainer throughout the seminar and afterwards as required.
The 3 day training program teaches, step by step, how to influence key body systems such as the immunological, neurological and muscular skeletal system.

Is it Positive Thinking? No, unfortunately Positive Thinking on its own is unlikely to make you recover from ME.

Power of Attorney - Healthcare Warnings


Powers of attorney for healthcare decision making are a valuable tool to ensure that your medical wishes are carried out if you become incapacitated and unable to express your desires. However, these powers can be abused and cost you dearly - in terms of your personal well-being and even your finances.

Here's a real life story to illustrate:

Dad is 80 years old and suffers from dementia. While mentally incapacitated, his son manipulates Dad into signing powers of attorney for both finances and for healthcare.

Dad has enough money in various investments and bank accounts to pay for in-home caregiving services. These services are very expensive, but he, like most elderly individuals, would prefer to remain at home in a familiar and comfortable environment. If Dad was mentally capable of deciding where he would live and whether his savings should be used for his care, then he certainly would choose to remain at home.

Unfortunately, his son has different ideas. He views Dad as a cash cow, and sees no reason why Dad's money should be used for in-home care and deplete son's inheritance.

Therefore, son uses the power of attorney for healthcare (referred to as an Advance Health Care Directive in California) to have Dad permanently placed in a nursing home. Son also speaks with the nursing staff, and convinces them that Dad's other children intend to harm him, and that no one is to have any access or communication with Dad, unless son authorizes it.

Isolation is a key element in elder financial abuse. In order for son to carry out his plan, he must make sure that all outside contact with Dad is halted; otherwise, a family member or friend could visit Dad, ask questions of the nursing staff, and uncover son's devious plot of exploitation.

Now that Dad has been warehoused in a nursing home (via the healthcare power of attorney), son has free rein to use the financial power of attorney to access all of Dad's monies. Son can close accounts, open new accounts in son's name only, and transfer all of Dad's monies. Soon, Dad is broke and the nursing home bills will be paid for by the state.

Sounds incredible, but this is a true story. Fortunately, some help is available, but it requires someone to recognize that abuse is taking place and then step up to the plate and intervene.

In California, for example, nursing home personnel are mandated reporters. This means that the law requires that they report, to law enforcement or Adult Protective Services, any reasonable suspicion that elder abuse is occurring. The tip can be anonymous. Adult Protective Services would then interview Dad, the nursing staff, and son, and determine whether abuse is taking place and whether the matter needs to be referred to law enforcement.

An elder law attorney can also assist with civil litigation to freeze Dad's accounts, recover the monies wrongfully taken, and return Dad to his home with in-home health care assistance; provided, however, that son has not already spent most of Dad's money.

While a power of attorney for healthcare is an important tool, it can also be abused if placed into the hands of an unscrupulous person.

The Importance of Home Health


In Miami home health care is becoming more prevalent because of the overcrowding of hospitals. While that's not a bad thing, elderly care in Miami is beneficial to those who have very limited mobility. The specialization for elderly care professions range from nurses to speech pathologists. Where elderly care in Miami is especially important are for members of assisted or retirement communities.

Make no mistake about it, senior citizens need the deepest amount of healthcare and regardless of where they live. Imagine the benefits of having elderly care. There is no risk of an emergency in the transportation of patients from the home to the hospital.

Home health is becoming more prevalent because of the flexibility that if affords patients. It's also cost effective for hospitals and other health professions.

When living in an assisted living center or retirement community, it becomes especially beneficial because of the resources that are already there.

Home health professionals are trained to be aggressive and understanding the needs of every patient. More and more retirement communities are employing home health professionals because they are realizing that there are many benefits to it and structurally it makes sense for the retirement community.

Healthcare is a delicate thing today and you need the best care at any moment's notice. Home health is definitely a way to do so. Getting care at any point in the day is something that will benefit everyone. Allow home healthcare in Miami work for you. It will be the best decision for you and the family.

California LiveScan, A Real Background Check?


California LiveScan is the state run system administered by the California Department of Justice for criminal background checks and is available only on workers whose work includes working with children, the elderly and disabled. These include law enforcement agencies, public and private schools, non-profit organizations and in-home supportive care agencies. There is no other statewide criminal check available for employers. All school teachers, public and private, recreational workers and nursing home workers must be LiveScaned.

Church pastors and nursery workers are also eligible to use the program. Most churches use LiveScan if they already use it for their affiliated church school. Organizations who use this program send their applicants who have been conditionally hired pending the background check, to a LiveScan vendor who fingerprints the applicant (the applicant puts their fingerprints on a scanner which electronically scans the fingerprint, hence the name) submits the applicant's data online to the state where a statewide criminal check is performed and, if chosen by the organization ordering the report, a nationwide NCIC (FBI files) check is performed. The resulting information is then sent to the participating organization.

This system is one of the best in the in the country, but the purpose of this article is to point out that it does have what I consider to be major flaws that very few people know about. I think that it is very important, especially for parents, to know the system's limitations in hopes that someday the state will tighten the loopholes and more children will be protected.

The LiveScan system places strict limitations on what information is available and how that information is distributed. The criminal history report is sent to the organization's Records Custodian, which may or may not be the person making the hiring decision and in larger organizations it us usually not the same person. The Records custodian is only allowed to tell the person making the hiring decision that the person has passed or failed the LiveScan. They don't even get to know why that person has failed the background check.

SURPRISING FACT # 1. CALIFORNIA LIVE SCAN DOES NOT REPORT ALL CRIMINAL HISTORY The state of California has mandated that only records related to the following categories are revealed by LiveScan: 1. Crimes relating to child abuse or elder abuse 2. Sex Offenders 3. Convictions or incarcerations in the last 10 years as a result of committing: theft, robbery burglary or any felony.

Now, on its face the list above looks pretty good, but let's go over some of the crimes that it doesn't cover and as we go through the list try to think of your child's nanny or her Sunday school teacher engaged in these crimes. Here's a partial list: Assault, Accessory to a crime, Aiding and abetting, Bad check writing, Carrying a gun without a license, Contempt, Domestic Violence, False impersonation, Medicare fraud, Stalking, Drug possession, Indecent exposure, Misdemeanor Prostitution, Lewd conduct, Disorderly conduct, Disturbing the peace, Vandalism, Trespassing, Malicious mischief, Public drunkenness and the list goes on. I don't know about you, but before I would hire someone to work with children I think I would want to know if they are a pot-smoking, bar-fighting drunk-in-public type person. Most people would agree.

SURPRISING FACT # 2. LIVESCAN DOESN'T CHECK FOR ANY CIVIL RECORDS. OK maybe now you are thinking that this California LiveScan doesn't cover as much as you thought and you would be correct. It also doesn't cover any civil court rulings against a person such as Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for things such as stalking). You don't think that is important? The Family Violence Prevention Fund estimates that up to three million women are the victims of domestic violence each year and restraining orders are one important way that they can protect themselves.

SURPRISING FACT # 3 LIVESCAN DOES NOT CHECK THE CALIFORNIA SEX OFFENDER REGISTRY (also known as the Megan's Law registry). THE PRECEEDING SENTENCE IS NOT A MISPRINT; IT'S TRUE! You can verify this by calling the California Department of Justice and asking them. Their number is 916 227-4974. By now you are probably asking yourself, "How in the world can this be true? A state system designed to protect children doesn't even check for drug offenders, wife beaters and sex offenders? That is unconscionable!" Even as I write this I find it hard to believe myself. It doesn't even check the Megan's Law list for sex offenders who have moved to California from another state who are required to register.

BUT WAIT; THERE'S MORE. There are even two more area that LiveScan does not check or report. When it searches criminal records, it only searches records where a person was fingerprinted. For a minor, non-violent crime people are sometimes issued a notice to appear, just like a traffic ticket. People who are arrested in that way are not fingerprinted. I understand that when big cities do things like prostitution sweeps that they sometimes use that method for both the prostitutes and their "clients". Also, if an arrest is found on someone's criminal history and there is no corresponding disposition such as a trial verdict, plea agreement or sentencing information, they withhold the information from you. The following quote is off their website: "Unless otherwise authorized by law, where only an arrest record exists but the Department is unable to obtain corresponding disposition information, the Department shall suppress that arrest information and provide the authorized agency with a response that no criminal history information exists."

As a person who has been in the background check business for 13 years and the father of two college age daughters, I would have designed the system very differently to say the least. I certainly would not have designed in holes big enough to drive a truck through and potentially let criminals have access to children. The more I study this information the more I am convinced that the State of California is more interested in protecting the rights of criminals than protecting children and the elderly. In all my dozens of conversations with pastors, school administrators and law enforcement people I have only spoken to one person, who was truly aware of the built-in limitations of the LiveScan system. Most people assume that if it is the state-run system then it must be the best and most complete.

As I was re-researching the data to write this article I also found that it is possible for someone to have their sex offence crime expunged after serving their sentence, but would still be required to be registered as a sex offender. That is one more very convincing reason to check the Megan's Law list.

Again, if someone was background checking my daughter's teacher, coach, counselor or pastor I would want a more thorough check and I expect better from the State of California on behalf of all children.

THE ALTERNATIVE: Most organizations who use LiveScan have to by state law, but if you have a choice you should consider a private sector background check from a reputable company that gives you all of the criminal information on a county by county basis, checks the civil records, the Megan's Law list and records from any other state where a person may have lived.

More Tips About Nursing Homes, Caution - Reading This Might Just Open Your Eyes!


These are the reasons why you---as public, need to join and help this country stop bad nursing homes and stop bad physical rehab centers, now or as soon as possible. We must stop the horrors that are happening behind those closed doors so that we can all rest peacefully at night.

Lately, after consulting with many people who have seen the inside of some nursing homes and some physical rehabilitation centers, I came to the conclusion that for the most part, going into one of these places with lack of mobility almost always guarantees that you get physically worse. I have seen people go into these places in fairly decent condition and come out in horrible condition. (Note, this article is about the bad places, not the decent ones).

If you do need physical rehabilitation try your best to get out-patient rehabilitation. That will probably be the best and the healthiest thing for you to do. You will get more exercise; you will have more control over your life and you will save yourself pain, grief and suffering.

Always opt for outpatient therapy if you can not walk. I am not a doctor or a physical therapist, nor am I a medical professional, but I have seen patients go in and out of these places, and have first hand knowledge of people getting more ill and becoming less independent after they enter some of the worst nursing homes and the worst physical rehabilitation centers in America.

Oh, the "worst" of the bunch are not even listed on the government's worst list. The real worst of the bunch have a controlling group of individuals--usually the higher-ups that manage to hide the horrors when the inspectors come to see the nursing homes. How do they hide this? Picture this scenario? Picture an inspector coming into a nursing home ( a horrible one), and signing in at the desk. Everyone has to sign in or at least show identification. Then, picture someone on the speaker making a seemingly harmless announcement, such as "Joe Smith wanted in the dining room" or something else like that. This announcement alerts the rest of the staff that the inspector is coming into the building.

Now, anyone who is not at their post, and most areas that are not being attended--can be manned and people can pretend to be attentive to patients. Administration or directors can keep the inspectors or investigators occupied while everyone "cleans up" the place. Or the place can be cleaned up as the inspector is being in the elevator.

For example, a nursing home having filthy clothing in the hallways, instead of having it brought to the laundry, can cover this up by grabbing all the laundry out of the hallways, depositing it into bins on wheels and wheeling it down the opposite hallway (from the opposite end of the hallway that the inspector is coming down). Yes, someone can spray ozone spray or disinfectant and this floor can be seemingly clean. This is all an illusion.

Once I visited a nursing home -physical rehabilitation center and exited off the elevator, since I was not an inspector, they made no announcement and no cleanup. The entire floor stunk of body fluids and filth. It was so bad that I almost got very ill. Some of the employees were actually used to the smell. Now, this is not your ordinary institution smell, but the smell of a floor that was unattended and the smell of patients who were in dirty diapers for hours and hours.

I witnessed a man with wet pants -dripping wet pants -having to sit there for hours while no one attended to him. And this man was able to walk by himself but he was not permitted to go to the restroom. As he walked down the hall, his filthy pants, dripping wet and stained looked very uncomfortable and most likely the way this man was reacting, this was something that he was used to putting up with.

Remember, the key things to look for when first finding a nursing home or rehab place:


  • Watch what they do with residents clothing. How they treat residents' clothing might be a clue as to how they will treat your family member or you. One of the places that we visited was always losing clothing(this didn't happen at the better places), and that same place also lost residents. We had heard that one resident got 'loose' ---walked out--twice, when the staff didn't even know she was missing. One had got loose even when they had a one-on-one. The person left the patient and the patient walked right out of the door of this horrible nursing home and rehab center. AFTER that they got security--that asked for special identification- and all visitors had to take badges. Funny though, it wasn't a visitor that escaped, it was a patient.

  • Watch how they treat family members. If they treat family members with a lack of respect, they will surely treat the residents worse than that. Look, open your eyes.

Now, this is a place that looks "nice" in the lobby, and it's a place that gives a good first impression, yet, it is a house of horrors described above... yet, it is still in business. And it still is not on the government's worst list.

What you have just read is the truth about one nursing home but yet, it could be the truth about a thousand nursing homes. Kindly visit your local homes. Get the public involved. Ask that your school or your workers be able to visit and be able to stay for a while. Watch those red warning flags when nursing homes seemingly do not want visitors and do not want outsiders, such as holiday singers etc, into their residences. Really do your research if you are interested in having a family member stay at any nursing home. Remember this --that what you see on visitors' day is not always what the patients or residence sees. Look clearly, long, and deep. Read between the lines to see the truth behind those curtains. And keep connected here. Your comment might be able to change lives and to change conditions inside the walls of nursing homes in your own city.

Updated 2012.

Long Distance Caregiving and the Role of the Geriatric Care Manager


Long distance caregiver is a new role that is thrust upon children and younger family members these days. After all, families used to live closer together, with children residing and working near their parents, but these days family members are more distant from each other.

According to a report by the Alzheimer's Association, 7 million Americans provide 80% of the care to ailing family members, there are approximately 3.3 million long-distance caregivers in this country with an average distance of 480 miles from the people they assist, and the number of long distance caregivers will double over the next 15 years. The report also states that 15 million days are missed from work each year because of long distance care giving.

Professional care managers (also known as geriatric-, elder-, or aging- care managers) represent a growing trend to help employed and/or distant family caregivers provide care for loved ones. Such experts assist caregivers, friends or family members provide care, make decisions, and find governmental and private resources. They are professionals who are trained to assess the abilities and needs of the elderly, and to evaluate and recommend care for them. Their backgrounds include fields such as nursing, social work, psychology, and gerontology.

These professionals are becoming extremely popular as the liaison between long-distance family members and their aging loved ones. That's why it is important to find a geriatric care manager where your loved one lives, since he or she will have knowledge of the resources in the area and can serve as your eyes and ears when it comes to your distant loved one.

The following is a partial list of what a care manager might do:


  • Assess the level and type of care needed and develop a care plan.

  • Put the care plan in place and keep it functioning.

  • Make sure care is in a safe and disability-friendly environment.

  • Resolve family conflicts and other issues.

  • Become an advocate for the care recipient and the caregiver.

  • Implement and manage long distance care.

  • Conduct ongoing assessments to implement changes in care.

  • Oversee and direct care provided at home.

  • Coordinate the efforts of key support systems.

  • Provide personal counseling.

  • Arrange for services by legal and financial advisors.

  • Arrange placement in assisted living facilities or nursing homes.

  • Monitor the care received in a nursing home or in assisted living.

  • Assist with the monitoring of medications.

  • Coordinate medical appointments and medical information.

  • Arrange or provide transportation to medical appointments.

  • Assist families in their decision-making.

Services offered will depend on the educational and professional background of the care manager, but most are qualified to cover items in the list above or can recommend a professional who can. Fees vary. There is often an initial consultation fee that is followed by hourly or flat fees for services. Medical insurance usually does not cover these fees, but long-term care insurance might.

When you take into account the time absent from work and time to find the right care resources for your loved ones, along with the cost of travel expenses to monitor their care, you will probably agree that using a caregiver is money well spent. Add to this the stress of handling your own life circumstances combined with being a caregiver, and you will probably wonder how you could have ever done without the care manager.

Saturday, February 1, 2014

Causes of Police Brutality


Police officers are legally able to use force against individuals when provoked. In some cases, police use force when unprovoked or use excessive force when only moderate force is warranted. The use of excessive force can lead to severe injury and, in many cases, death. Death caused by police brutality is wrongful death and is punishable by law.

Police brutality can occur for several reasons, but the most common cause of excessive force results from the officer's psychological state, or when the police officer's perception of the situation affects how he or she reacts.

One such situation is when the officer feels disrespected. Some officers will act out against the disrespectful individual even though it is not the legal or moral thing to do. They may do this either to punish the individual for disrespecting them or to intimidate any other people present.

Another situation from which excessive force may arise is racial profiling. An officer who racially profiles individuals may overact to crimes committed by individuals of certain ethnicities or falsely accuse an individual of a crime because of his or her ethnicity. Both cases may count as brutality.

When police officers feel intimidated, they may preemptively strike an individual even if the officer was in no immediate danger. It may be harder to prove excessive force in this case because the officer may claim he or she felt threatened and had to act for his or her safety.

In each of these cases, the police officer committing the brutality may be doing so to assert his or her dominance since police officers are in a position of authority. Officers found guilty of this offense may face criminal charges. Families that lose loved ones due to police brutality may be entitled to monetary compensation for their loss.

No matter the reason a police officer used excessive force, the officer in question should be held accountable for his or her actions. Most of the time, police brutality cases are difficult and tricky. It is important to contact a lawyer that specializes in police brutality cases to help you properly build your case.

When the police are guilty of brutality, they should be held accountable for their actions. If someone you love died because a police officer used excessive force against him or her, contact the Pennsylvania police brutality attorneys at Lowenthal & Abrams, P.C. You may be entitled to compensation for your losses.

Ski Hill Injuries - Can You Sue With a Lawyer Or Recover Compensation?


Ski hill cases can present complex issues and questions in a lawsuit. It is important to consider the case early on. Injuries can happen because a person did something that they should not have done, or failed to do something that they should have done. Often times, the reason for the injury is not immediately clear. It is not unusual for lawyers practising in this area to retain engineers and orthopaedic surgeons to provide opinions about the reasons for the injuries.

For instance, there have been past cases where people have been injured because their ski bindings did not release. This can happen if the ski bindings are not adjusted properly for the person skiing. If the bindings do not release, a person can sustain greater injury than they otherwise would have. The types of injuries can include fractures, knee damage, chronic pain and fibromyalgia.

Injuries can also happen if the ski hill is not properly organized and monitored. Another potential cause of injury is if a skier causes you to sustain an injury (ie: they trip you or crash into you). Ski hills have responsibilities to their customers. Ski hills may rely upon waivers that are signed at the ski hill, but they cannot rely upon those to abdicate their responsibilities entirely. In the past, courts have assigned blame despite the existence of a waiver clause or form. A lawyer who is knowledgable in the area can provide you with an analysis of your particular situation.

If you have been injured in this or some other way in Ontario Canada you may be able to claim compensation by way of a lawyer with a lawsuit or through other means. When meeting with a lawyer it is important to speak to the lawyer about whether he has handled these types of cases in the past. These cases are complex and they can raise unique issues. Do not be afraid to ask your potential lawyer about his or her game plan for your case (how is he going to prove your case, what are the risks and the weak points in your case).

Nursing Home Fires - 5 Recent and Avoidable Tragedies


Deciding to put a loved one in a nursing home is a very difficult choice. It is emotionally stressful to place someone who has cared for you under the care of strangers. In addition to medical care and daily sustenance, safety is a big concern. If a fire occurs in nursing homes, residents are less able to escape than healthy, independent people. To become more aware of the reality of this threat, take a look at summaries of five cases of nursing home fires and the losses suffered by each.

1. Hampton Plaza Fire of 2008

On May 14, 2008, two men were pronounced dead of apparent smoke inhalation following a nursing home fire in Niles, Illinois, a suburb of Chicago, on the third floor of the Hampton Plaza Nursing Home. Two more were injured of the same cause without life-threatening damage. The fire was believed to have been caused from smoking materials stored in a closet, belonging to two residents who smoked. The fire claimed the lives of two residents who were asleep in bed when the fire broke out in very late evening. Upon the firefighters' arrival four minutes after being alerted, Deputy Fire Chief Steve Borkowski claimed that, "There was zero visibility in the room"1 already filled with smoke. In this case, the facility was equipped with sprinklers and smoke detectors which worked properly and responded effectively to the fire.

2. Governor's Creek Health and Rehab Fire of 2008

An afternoon fire broke out in Governor's Creek Health and Rehabilitation Center in Green Cove Springs, Florida in April of 2008. The fire claimed the lives of one resident and injured five patients and three staff members. The fire is believed to have been caused by the deceased victim smoking in bed while using an oxygen machine, allowing for rapid spread of the flames. The concrete structure of the facility contained the fire to one room, allowing staff members to break windows to ventilate other rooms as patients were evacuated. The fire was isolated mainly to the victim's bed.

3. Mount Pleasant Fire of 2007

On December 30, 2007, Blues legend Weepin' Willie Robinson was the victim of a fire at Mount Pleasant Home in Boston, Massachusetts. Boston's "Elder Statesman of the Blues" also was the victim of a fire in his room resulting from smoking in bed. He knew this was against policy but would forget at times, finally claiming his own life just before the new year. Robinson was found when the fire alarm and sprinklers were set off in the early morning hours.

4. Tula Nursing Home Fire of 2007

In November of 2007, 31 residents were killed in a nursing home fire in the Tula region south of Moscow, Russia. The facility was in violation of numerous fire safety codes, including not having a fire alarm. The rapidly moving flames combined with thick smoke claimed the lives of the victims. The wooden interiors of the brick building encouraged the fire's quick advancement. A short circuit in a second-floor ceiling lamp was the apparent cause of the fire. Survivors claim that the lamp began smoking before crashing to the ground to spark the initial flames. Some residents who escaped with their lives were able to jump from windows out of desperation, even losing consciousness for a time. The facility had previously been under appeal to be shut down in violation of numerous fire safety rules, including replacing the electrical system which had been deemed a fire hazard.

5. Southern Russia Nursing Home Fire of 2007

A southern Russia nursing home lost 62 residents as the result of a fire in March of 2007. The high death toll is attributed to an incomplete alarm system as well as the sluggish response of a watchman who heard two fire alarms and alerted the nursing home staff prior to notifying the fire department, delaying authorities by approximately 21 minutes. Many of the victims were bed-ridden and unable to escape the smoke and flames invading their rooms. The fire came as the deadliest in Russia in more than 15 years. Home to more than 90 residents, the facility violated 36 fire safety standards. The facility contained insufficient equipment to protect against smoke, and the wooden panels lining each room were not flame-proofed.

Nursing Home Fire Safety Factors

It is impossible to be too particular about to whose care you entrust your loved one. When selecting a nursing home, be sure to include fire safety questions in your inquiry such as:

- Does the facility use fire-retardant on combustible materials?

- Does the building meet fire safety code?

- Does the facility have and maintain adequate fire protection equipment such as fire alarms, sprinklers, and extinguishers?

- Will the fire department automatically be alerted of a fire in the building?

- What is the smoking policy of the facility?

Even when all of the fire safety standards are met, there is no guarantee that fires will not ignite or be extinguished before anyone is harmed. In the American instances above, many lives were saved due to the structure of the buildings and the usual quick response of rescue workers. However, even with these assistances, smoke inhalation cannot be remediated if the poisonous gas has already invaded the lungs. In circumstances especially where residents are prone to forgetfulness as in the case of Weepin' Willie Robinson, fire hazards are always a possibility. It is far better to prevent fires from starting than to extinguish them afterwards.

Paul Galla

1 [http://www.chicagotribune.com/news/local/chi-nursing-home-fire-both-16may16],0,1400649.story

2 http://www.news4jax.com/news/15935283/detail.htmlp

When Do I Place My Elderly Parent In The Hands Of Senior Care Experts?


Planning care for an elderly parent is a difficult decision and one that many families confront, often with conflicting ideas, when their aging parent shows signs of decline. The only universal answer is, "It depends". There is no one answer that fits all. What does your parent want? If it's to stay in their own home, as is often the case, can you or other family members provide a safe environment and the necessary care to keep them there? Consider the costs to you, emotionally, as well as financially. Too often, a loving caregiver's health declines faster than the one they are caring for. If you are caring for your parent now or considering doing so, keep this in mind: you must recognize the stresses on you and your family; your spouse and children need you, too. Once your parent is gone, at some point they will be, will you still be there for your own family? Here are some things to consider and to discuss with other family members: siblings as well as your spouse and children.

1. What is your relationship with your parent? Are you or your parent often impatient, short-tempered, continually critical or demanding of each other? Or, are you caring for your parent now and exhausted?

2. Dementia posses challenges when wandering or other behaviors are beyond your control and are a risk to your parent and others. You can restrict their wandering by keeping outside doors locked as long as someone is with them, and it does not interfere with escape in case of fire or other disaster. You cannot lock them in a room or tie them down. Adult protective services will step in, as they should.

3. Does he or she require intimate personal care (injections, incontinence, bed sores, other wound care, etc) that goes beyond your ability to provide? Some people are able to remove themselves from the discomfort of those tasks and provide the care, no matter what. If that is not you, don't force it.

4. Fragile health requiring skilled nursing care is more difficult to manage at home, though not out of the question. If the doctor thinks your parent has less than 6 months to live, and you really want to keep them at home, you can engage the services of Hospice. They will provide the necessary skilled care wherever your parent is, whether it is at home or in a facility.

5. Social interaction with friends and family are important to all of us. For elderly people, who are limited in their ability to get out on their own, socializing with others where they live is important. If aging-in-place (remaining in their own home) means loneliness and isolation, then they are likely to decline more rapidly.

If any of the above applies, then hiring caregivers to provide in-home care or placing your parent in a care facility are your best options. There are numerous in home caregiver agencies. Hire a care manager to assess your situation and make recommendations. Assisted living residences are available, from homes in residential neighborhoods accommodating 5-6 individuals, to large multi-story complexes for many individuals and with many services. Some of them are sponsored by different faiths. Skilled nursing facilities, i.e., nursing homes, take individuals who, as the name suggests, need skilled nursing care. If your parent is transferred from an acute care hospital at the doctor's recommendation, then Medicare will cover the cost for up to the first 100 days. If you admit your parent from home, you must pay the bill.

I am a proponent for keeping a loved one at home whenever possible, if that's where they want to be. Trained caregivers are caring, nurturing people, and they are more removed emotionally, than you are. This distance enables them to manage the more difficult aspects of care while still treating them with respect, and hopefully humor. In my own experience (many others have reported this also), my father didn't listen to me, his "child", despite the fact that I was an elder care professional. He ignored me or often did the opposite when I made suggestions; but when his caregiver gave the same advice he would say, "good idea", and do it willingly. I stepped aside, supervising from a distance, and let it flow organically. When the time comes for you to make this difficult decision, discuss it with your parent, siblings - all of them, and your own family. If you can't all meet in person then have phone conferences, or email "conversations". Don't leave anyone out of the discussions - it will come back to bite you later if you do. If your parent isn't capable of making realistic decisions include them anyway. They need to feel included and know they have a voice in the matter.

Do You Know How To Avoid Elder Abuse? Speak To An Elder Law Litigation Attorney


Little is more heartbreaking than watching a loved one of advanced age struggle with poor health, deteriorating mental capacity, and loss of quality of life. Unfortunately there are people who prey on the vulnerable for their own gain; those who take advantage of, intentionally harm or neglect the aged are guilty of elder abuse. This type of abuse can occur anytime anyone interacts with an elderly person; often family members are the perpetrators, but those in positions of authority also have the power to harm a vulnerable older person -- a financial advisor, a health care practitioner, or staff at an elderly care facility. In the case that your loved one has been the victim of elder abuse, you may wish to pursue legal action. Litigation attorneys are trained to advocate on behalf of your parent, relative, or loved one, ensuring their rights are not violated further, and financial compensation is made when appropriate

Elder Law Protects Your Loved One From Financial Abuse

Perhaps the most common type of elder abuse is in the area of finance. Family members may see an opportunity to benefit from handling financial affairs as power of attorney; skimming funds or paying oneself a "wage" for handling finances is unethical, just as coercing a loved one to leave you money in their will against their wishes is also. If you suspect that there is wrongdoing with respect to any aspect of an elderly person's finances, a litigation lawyer can help. A solution may be as simple as contacting the public guardian or trustee office on the person's behalf so an audit can be done. In serious cases of financial wrongdoing, litigation attorneys can file an emergency power of attorney to replace the abuser; they can also begin litigation proceedings to advocate on the elderly person's behalf, and bring the perpetrator to court to defend his or her actions.

A Litigation Attorney Can Assist With Disputes Over Health Care

In some cases, the elderly have designated oversight of their health careto an advocate, but their advocate does not act in their best interest; they may decide on care that is inexpensive or inadequate (in order to increase their inheritance, for example). At other times, the health care provider is abusive verbally, physically, or by neglect. Medical malpractice of an elderly patient is another instance in which the expertise of a litigation attorney would be required.

While it may not always be possible to protect an elderly person from abuse or neglect, it is within your power to be informed about what to do when health care has been compromised. A litigation attorney can advocate for temporary guardianship should abuse be evident, and can also take steps to begin a legal process to remove the rights of an abusive advocate, and when appropriate, sue for compensation.

Speak With A Litigation Attorney Before Abuse Can Take Place

Attorneys with expertise in elder law may be able to help you and your family before your parent or loved one is vulnerable to abuse. Often a litigation attorney will be available to help with will and estate planning, which will ensure the person's wishes are protected (and minimize the risk of coercion from less than ethical influencers with regard to wills and estates). Consulting with an elder care lawyer about end-of-life issues, long term medical needs, as well as general estate planning and administration will ensure everything is in order before your loved one is ill or deemed incompetent to make decisions -- and is prone to falling prey to abusers.

Elder law was established to protect the elderly and their families from wrongdoing with respect to healthcare, finances, and wills and estates. Consult with an attorney who specializes in elder law and be informed and prepared in advance of illness and the death of your loved one. Developing a relationship with an attorney you can trust before you ever need to take legal action will ensure that you and your elderly loved one feel safe and protected, and hopefully, never have to go to court to defend your loved one's rights.