February 23, 2016

Seniors Decide Event Shines Spotlight on Senior Issues for Presidential Candidates

Senator Bernie Sanders (via Skype) and Former Representative Tom Davis, on behalf of Governor John Kasich's campaign, took part in the Seniors Decide event held last Wednesday. The Senator and Representative spoke about home care, end of life issues, expanding Medicare, protecting Social Security, providing supports for caregivers and many more issues relevant to seniors. Senator Sanders emphasized the high cost of prescription drugs, while Tom Davis stressed fiscal responsibility and Medicaid expansion. Both Sanders and Davis agreed that elder care is an important issue to be addressed.

A representative from Next Avenue presented statistics from their readers, in which 67% of seniors said aging issues would be a factor in voting. Other speakers presented about the actions each presidential candidate has taken for seniors and where they stand on senior issues. The event had a significant turnout online and in-person with more than 1,400 questions submitted for the candidates.

Seniors Decide coincided with the announcement of Consumer Voice’s Residents’ Rights Month 2016. This year’s theme is My Vote Matters highlighting residents’ right to vote and participate in the political process. Stay tuned for more information on this year’s event and information on the Resident’s Voice Challenge.

CFPB Webinar - Tools for Financial Caregivers

Join the Consumer Financial Protection Bureau (CFPB) for a webinar on Thursday, February 25th at 2:00pm ET entitled "Tools for Financial Caregivers." This free webinar will provide information on CFPB Office for Older Americans' Managing Someone Else's Money guides which offer tips to individuals who are managing money or property for a loved one who is unable to pay bills or make financial decisions. The webinar will cover how to help those who are acting as financial caregivers and will discuss other resources available from the CFPB Office for Older Americans. To join the webinar, visit this link.

Webinar on Falls Prevention for Adults Aging with Disabilities

The National Council on Aging Center for Healthy Aging is holding a webinar on Thursday, March 3rd 3:00pm ET entitled "Falls Prevention for Adults Aging with Disabilities." During this webinar, experts in neurology and rehabilitation will present up-to-date research about falls among adults aging with long-term physical disabilities. It will focus on prevention and management strategies for the growing population of people with chronic conditions. Experts will highlight program examples from the aging and disability communities. Register here.

New York Times Article Highlights Legal Strategy When Battling Forced Arbitration Agreements

A recent article in The New York Times highlighted the issue of arbitration clauses in nursing home contracts. When Elizabeth Barrow, a Massachusetts nursing home resident, was killed by her roommate, who was previously deemed "at risk to harm herself or others" by the facility, her son, Scott Barrow, tried to hold the nursing home accountable. However, because his mother's contract with the nursing home contained a clause that forced any dispute, including wrongful death, into arbitration, he was unable to bring a lawsuit upon the facility.

Arbitration clauses are often buried within complicated contracts that can be difficult to navigate especially for elderly people or their relatives who may be emotionally vulnerable when admitting thier loved one to a nursing home. Arbitration clauses in long-term care contracts prevent residents and families from having their day in court. Residents and families are required to go to arbitration where there is no judge or jury, proceedings are hidden from public scrutiny, and sometimes the arbitration firm is even selected by the nursing home itself. Arbitration clauses have been held up in the court of law as judges have ruled that once the contract is signed, it is legally binding.

In Massachusetts, lawyers used the fundamentals of contract law to argue that the Ms. Barrow's son did not have legal authority to sign the nursing home contract at all. Though her son was the health care proxy, he did not have power of attorney, therefore his lawyers argued that he did not have the authority to bind this mother to arbitration. The judge ruled in his favor, and similar arguments are catching on in appeals courts across the country. This legal strategy could give residents and family members a way to bring disputes with their nursing homes in front of a court. For more information, read the article in The New York Times.

NPR Morning Edition on Transfer-Discharge This Thursday

Tune into NPR Morning Edition this Thursday morning for a segment on involuntary transfer and discharge. Consumer Voice's Director of Public Policy and Advocacy Robyn Grant was interviewed for the piece.

Spotlight on Educational 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:

Forced Arbitration Agreements in Long-Term Care Facility Admission Contracts - This Consumer Voice issue page provides information on forced pre-dispute arbitration agreements and the dangers they pose to long-term care consumers.

In this Issue

Seniors Decide Event Shines Spotlight on Senior Issues for Presidential Candidates

CFPB Webinar - Tools for Financial Caregivers

Webinar on Falls Prevention for Adults Aging with Disabilities

New York Times Article Highlights Legal Strategy When Battling Forced Arbitration Agreements

NPR Morning Edition on Transfer-Discharge This Thursday

Spotlight on Educational Resources

Combined Federal Campaign

#10552

Thank you for your support!

Residents' Rights Month 2016

Stay tuned for more information!

Calendar of Events

Wednesday, February 24: Achieving Collaboration Between Mental Health and Aging Services Through Coalition Building, 2:00pm ET, Webinar from National Council on Aging's Center on Healthy Aging

Thursday, February 25: Tools for Financial Caregivers, 2:00pm ET, Webinar from Consumer Financial Protection Bureau Office for Older Americans

Thursday, March 3: Falls Prevention among Adults Aging with Disabilities, 3:00pm ET, Webinar from National Council on Aging Center for Healthy Aging

Saturday, April 16: National Healthcare Decisions Day

October: My Vote Matters, Residents' Rights Month 2016

November 2-5, 2016: Consumer Voice 40th Annual Conference, Arlington, VA

Join the conversation and follow us on social media!

Last Week's Most Popular Post:

Monday, February 23:
Arbitration clauses in long-term care contracts prevent residents and families from having their day in court

Last Week's Most Popular Tweet:

Wednesday, February 17:
Residents' Rights Month 2016 is My Vote Matters

Long-Term Care Resources & News

What Older Voters Care About Now Next Avenue, February 16, 2016

Read past issues of The Voice here.

Support the Consumer Voice While You Shop Online

About The Voice

The Voice is a weekly e-newsletter, published by the National Consumer Voice for Quality Long-Term Care. If you do not wish to continue receiving this publication, please unsubscribe below. Your contributions and comments are welcome and should be sent to info@theconsumervoice.org. Copyright © 2016.

If you did not receive The Voice through a subscription, but would like to join our mailing list to receive future issues, click here.

Consumer Voice is the leading national voice representing consumers in issues related to long-term care, helping to ensure that consumers are empowered to advocate for themselves. We are a primary source of information and tools for consumers, families, caregivers, advocates and ombudsmen to help ensure quality care for the individual. Consumer Voice's mission is to represent consumers at the national level for quality long-term care, services and supports.

Click here to unsubscribe