How to Select and Negotiate for Long Term Care

National Assisted Living Week will be recognized this year during September 9-15. I have received many inquiries from families in need seeking information to find the best long term care accommodation options. 1.5 million people are currently living in U.S. skilled nursing and assisted living communities. Due to Colorado’s scenic beauty and ample sunshine, the state is attracting a growing older adult population with diverse care needs.

To ensure that you are selecting a long term care community that meets the specific needs of your family it is worth the time to conduct due diligence on the community, its ownership, and care process. Basic reconnaissance can be accomplished by contacting the Ombudsman Office to talk with the local Ombudsman who is assigned to that specific residential community. In addition, there is a lot of fundamental information that can be obtained by visiting the community unannounced during different times of the day and week. This will allow you to see firsthand how the residents are being treated, quality and quantity of food available, cleanliness of the property, and staff interaction with residents and other staff members. You may even witness a specific behavior or a situation occurs that allows you to see how a staff member manages the issue.

Health facilities and residential care communities are regulated by the state and must meet minimum standards established by state and federal laws to receive licensing as well as federal funding if they are serving Medicare/Medicaid residents. The Colorado Department of Public Health and Environment has a web site that enables you to view inspection and occurrence reports. These reports can be quite revealing in terms of the quantity and type of incidents that have occurred at a property as well as how situations were handled by management. This web site also allows you to view training that staff completed which may be relevant to your selection process (i.e. dementia care certification). http://www.cdphe.state.co.us/hf/alr/index.html

Some families may opt to utilize the services of a referral agency to locate the most appropriate care community. Keep in mind that many of these agencies promote that they are a free service. They typically receive their payment directly from the residential care community as a referral fee/commission. Many times that fee equals one month of rent. As a family member, you want to ensure that you are not being steered toward a community that offers a higher referral payment.

Unfortunately, many times families do not have the luxury of time to conduct thorough research during the selection process due to a health crisis. During these situations, time is limited and stress levels are increased. Families may not completely read or understand all of the language contained in the admissions contract. It is critical to have proper time allocated to review the contract or have an advocate review and negotiate on your behalf. The admission process is when you have the most control over the type and quantity of care services and their corresponding cost for the individual you are seeking care. You should use this time period to your advantage during the admissions process.

Be aware of common language that may be included in your admissions contract but is prohibited by the federal Nursing Home Reform Law. For example, a family member or friend can not be personally liable for all nursing home charges. Financial guarantees are prohibited by law. Furthermore, most contracts state that all disputes will be handled through an arbitration process instead of the court system. The arbitration process may be in the favor of the long term care provider. It usually is in your best interest to negotiate removal of that clause from your admissions contract so that you will have the leverage of the court system if ever needed. Make sure you understand their eviction process and the language that is stated in your contract gives your family the flexibility you need. The excuse that a behavior is too difficult or care needs are too time-consuming may be improper reasons for evictions depending on the specific circumstances. By law, nursing homes are obligated to provide the level of care that the residents require. http://www.law.cornell.edu/uscode/pdf/uscode42/lii_usc_TI_42_CH_7_SC_XVIII_PA_A_SE_1395i-3.pdf

There are multiple checklists available to the public to assist in selecting the proper care community for your loved one. By spending the appropriate due diligence upfront, it will save you time, money and many hours of frustration in the future.

To read about the Evolution of Assisted Living, visit Colorado Health or click here

 

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