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May 10, 2016
Resident Advocate Selected as OAM Trailblazer
In honor of Older Americans Month this May, the Administration for Community Living has selected "trailblazers" - older adults who are blazing a trail in their communities across the nation. Among them is resident advocate Penelope Shaw. Ms. Shaw is on the board of the Massachusetts Advocates for Nursing Home Reform and a member of committees for several other disability and elder rights organizations. She speaks publicly on these issues regularly and has been published in long-term care journals. Read her story here.
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New Section of ADA.gov on Accessible Technology
The Americans with Disabilities Act website (ADA.gov) now features a new section on Accessible Technology. This section provides further information on how the ADA applies to certain technologies, such as websites, e-book readers, online courses and point-of-sale devices. The new section compiles the Department of Justice's technical assistance and guidance about accessible technology into one place and provides information on accessible technology enforcement efforts, regulation development and other federal accessible technology resources and initiatives. Visit the new section of the website here.
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CFPB Proposes New Rule Prohibiting Arbitration Clauses that Deny Groups of Consumers Their Day in Court
Last week, the Consumer Financial Protection Bureau (CFPB) put forth a new proposed rule to limit forced arbitration clauses in financial services contracts. The new proposed rule would prevent corporations from using their contracts to block class-action lawsuits. The proposed rule would give groups of consumers the opportunity to seek relief via the legal system. The rule would also allow CFPB to monitor the individual arbitration process, evaluating whether companies are abusing arbitration and whether the process is fair.
U.S. Senator Al Franken (D-MN) has long advocated against forced arbitration. He said, "By stripping away people's access to courts, these little clauses have huge legal implications...And they're buried in everything from nursing home contracts to employment agreements and private student loans. I believe that all Americans have a fundamental right to seek justice when they've been wronged, and that's why we need to limit the unfair practice of forced arbitration."
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Associated Press Article Highlights Involuntary Discharges from Nursing Homes
A recent Associated Press article reveals how nursing homes are increasingly evicting patients they deem "difficult." The Associated Press investigation revealed that complaints about discharges and evictions from nursing homes are up by about 57 percent since 2000. Advocates argue that residents are considered undesirable when they might require a greater level of care, have a family that complains a lot, or by being less well-off. So, nursing homes will evict the residents to make room for more desirable or more profitable individuals.
Federal law makes clear under what circumstances a facility can involuntarily discharge a resident. Facilities can evict residents for several reasons including the facility's closure, failure to pay, risk posed to the safety of other residents, no longer needing services or because the facility can no longer meet the person's needs. However, advocates argue that nursing homes frequently stretch the justification for discharge. Many times, a resident is involuntarily discharged because they are considered difficult. Read the full AP article here.
For resources on involuntary discharge, visit the Consumer Voice website.
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Take a Survey on How Patient Advocates Can Help Reduce Medical Errors
Medical errors and hospital infections are the third leading cause of death in the US. Patients and their family advocates – their personal ‘patient advocates’ – feel very strongly that they can help make a difference in reducing errors and infections. Communication issues underscore most of these errors. Health care delivery is being required to become more patient directed and patient centered. Take this survey from Patient Advocates Speak Out to share how you communicate clearly to make a difference in quality care. This survey focuses on how patients and their family or friend patient advocate can help reduce medical errors and HAIs.
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2015 Senior Legal Helplines Annual Report
The Center for Elder Rights Advocacy has released the 2015 edition of Senior Legal Helplines Annual Report. The report included data from 93% of the nation's senior legal helplines. Findings included:
- One in three helpline clients identified as part of a minority group.
- The top six case types (which have been the same over the past few years): Wills and Estates, Collections, Private Landlord/Tenant, Medicaid, Home Ownership, and Advance Directives.
- 85% of helpline cases were provided counsel and advice, up from 83% in 2014.
Read the full report here.
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NAPSA Hiring Executive Director
The National Adult Protective Services Association (NAPSA) is hiring a new Executive Director. NAPSA is a Washington, DC based national non-profit that provides Adult Protective Services (APS) programs a forum for sharing information, solving problems, and improving the quality of services for victims of elder and vulnerable adult mistreatment. Responsibilities of the Executive Director include leadership, fund development/fiscal, and management. For more information, see the job listing.
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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:
6 Steps to Getting Quality Care in a Nursing Home- The best way to achieve quality care is to work with the nursing home to meet your needs. This fact sheet provides six ways in which you can actively participate and monitor your care.
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In this Issue
Resident Advocate Selected as OAM Trailblazer
New Section of ADA.gov on Accessible Technology
CFPB Proposes New Rule that Prohibits Arbitration Clauses that Deny Groups of Consumers Their Day in Court
Associated Press Article Highlights Involuntary Discharges from Nursing Homes
Take a Survey on How Patient Advocates Can Help Reduce Medical Errors
2015 Senior Legal Helplines Annual Report
NAPSA Hiring Executive Director
Spotlight on Educational Resources
Support our Spring Campaign to empower and engage residents! Use #myvoicematters to share on social media.
Combined Federal Campaign
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Thank you for your support!
Residents' Rights Month 2016
Stay tuned for more information!
Calendar of Events
May: Older Americans Month
Wednesday, May 11: Getting the Word Out: Creating Compelling Communications for World Elder Abuse Awareness Day, 2:00pm ET, Webinar from Administration for Community Living, No pre-registration required
Friday, June 10: Changing Landscape of Long-Term Care, VOYCE Conference
Wednesday, June 15: World Elder Abuse Awareness Day
October: My Vote Matters, Residents' Rights Month 2016
November 2-5, 2016: Consumer Voice 40th Annual Conference, Arlington, VA
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Last Week's Most Popular Post:
Wednesday, May 4:
NORC Director and nursing home resident and advocate were quoted in a recent article by the Associated press on individualized menus in nursing homes.
Last Week's Most Popular Tweet:
Wednesday, May 4:
NORC Director & Resident Advocate quoted in recent AP article on individualized menus in nursing homes
Long-Term Care Resources & News
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