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June 13, 2017
Now Accepting Nominations for the 2017 Leadership Awards
Are you looking for a way to recognize a long-term care consumer, long-term care ombudsman, family caregiver, citizen advocate, or another individual for their advocacy on behalf of long-term care consumers? We encourage you to nominate individuals you know who have put "advocacy in action" and have made significant contributions to improving the lives of long-term care consumers.
Based on your nominations, Consumer Voice will recognize people who have demonstrated an exceptional commitment to improving the lives of long-term care consumers.
Visit our website for additional information about the awards and nomination process.
There are 3 easy steps to submit a nomination!
- Review the award categories and criteria.
- Complete the nomination form via SurveyMonkey.
- Submit a letter of recommendation.
Individuals and organizations may nominate people for an award. Awards will be presented at our 41st Annual Conference, November 5-8, 2017, in Arlington, Virginia. Nominations are due by Friday, July 14!
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Congress Wants to Limit Access to Justice
The House of Representatives will be voting on legislation, H.R. 1215, the Protecting Access to Care Act, which will significantly strip away an individual’s right to justice through the courts in the event they are harmed or killed by a health care provider, including nursing homes, assisted living facilities, rehabilitation facilities, doctors, hospitals, and pharmaceutical companies. Act now and contact your representative in Congress.
This bill is bad for consumers because it:
- Caps pain and suffering compensation (also known as non-economic damages) at $250,000, even in states where such a cap is unconstitutional
- Mandates that damages over $50,000 must be paid out periodically instead of in a lump sum, leaving long-term care consumers without the necessary resources to access care
- Provides immunity to any health care provider who negligently prescribed or administered a prescription drug
- Limits a consumer’s ability to bring one lawsuit against all responsible parties, instead forcing them to spend more time and money bringing individual suits against each responsible party
- Mandates a more restrictive time period (statute of limitations) for the consumer to file the lawsuit
- Severely limits attorney’s fees, which will cause even fewer attorneys to take these time-consuming cases
The House of Representatives will be voting on this legislation as early as Thursday, June 15, 2017. Click here to tell your representative in Congress to VOTE NO to H.R. 1215. To view our fact sheet on H.R. 1215, click here.
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Consumer Reports Requests Information on Assisted Living and Ombudsman Programs
Consumer Reports is collecting information regarding long-term care, specifically assisted living, and is interested in getting the ombudsman program perspective. They want to have a better understanding of assisted living across the country and would appreciate input from a variety of programs and state/local perspectives and experiences. Consumer Reports also wants to highlight the LTC Ombudsman program and inform readers about the program's services and advocacy. Take the survey here.
They will not share individual responses without permission and respondents are not asked to provide their contact information unless they are interested in speaking with Consumer Reports directly.
Please respond by Monday, June 19.
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Webinar Taking Another Look at Key Sections of the Revised Federal Nursing Home Regulations
The Consumer Voice, Justice in Aging, and Center for Medicare Advocacy have heard you and examined your questions about the revised federal nursing home regulations. Join us for "A Deeper Dive into the Revised Federal Nursing Home Regulations: Taking Another Look at Key Sections" Wednesday, June 28th from 2:00pm - 3:00pm ET.
In this webinar, the presenters will cover:
- The latest updates on implementation of the regulations, including the status of the pre-dispute arbitration provision and a new request for comments by CMS;
- Frequently asked questions in the areas of:
- Rehabilitation Services,
- Visitation,
- Transfer-Discharge,
- Return to the facility
- Questions from the audience
Presenters:
Eric Carlson, Directing Attorney, Justice in Aging
Toby Edelman, Senior Policy Attorney, Center for Medicare Advocacy
Robyn Grant, Director of Public Policy & Advocacy, Consumer Voice
Lori Smetanka, Executive Director, Consumer Voice
Register now.
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Justice in Aging Report on Meeting the Needs of Low-Income LGBT Seniors
In honor of Pride Month in June, Justice in Aging, in partnership with Services & Advocacy for LGBT Elders (SAGE), has released a special report "How Can Legal Services Better Meet the Needs of Low-Income LGBT Seniors?" The report explains why LGBT older adults have higher rates of poverty, outlines how discrimination and other factors can lead to unique legal needs among the LGBT population, and provides practical tips for outreach, intakes, and providing culturally competent legal services to LGBT older adults. Read the report here. Plus, watch this video created to raise awareness of the unique issues LGBTQ seniors may face.
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ACL Webinar on HCBS Quality Framework Development
The Administration on Community Living is holding the second webinar in its series on HCBS quality - HCBS Quality Framework Development, Wednesday, June 28th at 2:00pm ET. In the webinar series, stakeholders share developments and collaborate on efforts concerning HCBS quality. This webinar will discuss findings of two projects - The 2016 National Quality Forum report, Quality in Home and Community Based Services to Support Community Living: Addressing Gaps in Performance, and The SCAN Foundation publication, What Matters Most: Essential Attributes of a High-Quality System of Care for Adults with Complex Care Needs. Register for the webinar here.
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National Center for State Courts Seeks Materials for Inclusion in Training Resource on Decision Support and Guardianship
The National Center for State Courts, in partnership with the American Bar Association Commission on Law and Aging and the Washington Courts, is developing a national training resource on decision support and adult guardianship. The resource will comprise an interactive online program that walks the individuals through processes, best practices, and scenarios to help them use supported decision-making skills, learn about and access alternatives to guardianship, and how to best perform their duties as a court appointed guardian or conservator. The audience includes people seeking to assist a family member or friend who needs help with decision-making; individuals who are considering petitioning for guardianship for a family member or friend; and potential or appointed lay guardians. The program will be available online in late 2018.
Key Topic Areas:
- How to use supported decision making strategies
- How to determine if less restrictive alternatives to guardianship are a better tool to manage the affairs of another and how to access such tools
- How to best carry out one’s duties and responsibilities as a court-appointed guardian or conservator
The National Center for State Courts is seeking local and national educational materials intended for a general audience on any of these topics. Send any educational materials, links to resources, and inquiries to the project director, Dr. Brenda K. Uekert, Director of the Center for Elders and the Courts at the National Center for State Courts. Brenda can be reached at buekert@ncsc.org or 757-259-1861.
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CMS Provides Advance Copy of Interpretive Guidance for Emergency Preparedness Rule
The Centers for Medicare & Medicaid Services (CMS) published an advanced copy of the interpretive guidance for its final emergency preparedness rule. CMS issued a new Appendix Z for the State Operations Manual pertaining to emergency preparedness and stated that the advanced copy will "vary slightly" from the final version. Appendix Z applies to all healthcare facilities. For more information, read the article in McKnight's. Read the memo from CMS here.
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Spotlight on Resources
The Consumer Voice and the National Ombudsman Resource Center (NORC) have a multitude of resources available online covering a wide range of long-term care topics. Visit the Consumer Voice website and the NORC website to explore all the available resources. Take a look at this week's highlighted resource:
Preserving Access to Civil Justice for Long-Term Care - This Consumer Voice issue page provides information on tort reform and how it is harmful to long-term care consumers.
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In this Issue
Now Accepting Nominations for the 2017 Leadership Awards
Congress Wants to Limit Access to Justice
Consumer Reports Requests Information on Assisted Living and Ombudsman Programs
Webinar Taking Another Look at Key Sections of the Revised Federal Nursing Home Regulations
Justice in Aging Report on Meeting the Needs of Low-Income LGBT Seniors
ACL Webinar on HCBS Quality Framework Development
National Center for State Courts Seeks Materials for Inclusion in Training Resource on Decision Support and Guardianship
CMS Provides Advance Copy of Interpretive Guidance for Emergency Preparedness Rule
Spotlight on Resources
Combined Federal Campaign
#10552
Thank you for your support!
June 15th is World Elder Abuse Awareness Day
This Thursday, June 15th is World Elder Abuse Awareness Day (WEAAD). Every year an estimated 5 million, or 1 in 10, older Americans are victims of elder abuse, neglect, or exploitation. And that’s only part of the picture: Experts believe that for every case of elder abuse or neglect reported, as many as 23.5 cases go unreported. WEAAD serves as a call-to-action for individuals, organizations, and communities to raise awareness about abuse, neglect, and exploitation of elders.
How will you raise awareness?
For more ideas on how to participate and resources on elder abuse, visit USC Center on Elder Mistreatment's website.
Consumer Voice and NORC have a multitude of resources on recognizing, preventing and reporting elder abuse.
Registration is Now Open!
Consumer Voice 41st Annual Conference
November 5-8, 2017
Renaissance Arlington Capital View Hotel
Arlington, Virginia
Calendar of Events
June: Pride Month
Wednesday, June 14: Medicaid Under Attack, 1:00pm ET, Webinar from Justice in Aging
Thursday, June 15: World Elder Abuse Awareness Day
Wednesday, June 28: A Deeper Dive into the Revised Federal Nursing Home Regulations: Taking Another Look at Key Sections, 2:00pm ET, Webinar from Consumer Voice, Justice in Aging and Center for Medicare Advocacy
Wednesday, June 28: HCBS Quality Framework Development, 2:00pm ET, Webinar from the Administration on Community Living
November 5-8, 2017: Consumer Voice 41st Annual Conference, Arlington, VA
Join the conversation and follow us on social media!
Last Week's Most Popular Post:
Tuesday, June 6:
CMS Reverses Course on Pre-Dispute Arbitration
Last Week's Most Popular Tweet:
Tuesday, June 6:
Consumer Voice interns attended #ProtectOurCare rally in DC to #SaveMedicaid
Long-Term Care Resources & News
Read past issues of The Voice here.
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