Friday, June 1, 2012

Differences in the middle of Nursing Homes, Assisted Living & lasting Care seclusion Communities

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Benjamin Franklin said it best - “nothing in life is distinct except death and taxes” but with daily advancements in science, technology and health care, Americans are living longer than ever before*. This blessing however, has created a unique dilemma for contemporary American families: How to plan for and prepare for one's retirement years.

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Have you taken a road-trip lately? approximately every highway is graced with large bill-boards providing the locations of new planned communities where couples can spend their retirement years dedicated to recreational pursuits. I doubt you will find a local newspaper that doesn’t have at least one ad promoting the amenities found at a local assisted living facility. Try to search for “nursing homes in Virginia” on the Internet and thousands of web pages will appear. Each and every day new facilities contribution different programs are being built and marketed over the state.

Is such a premise right for you and your family? If so, which facility? We often hear the terms “retirement community,” “nursing home,” and “assisted living facility” but rarely consider what these terms admittedly mean. The differences however, are striking and it is imperative to understand these differences when making choices for yourself or your loved ones.

Nursing Homes

In Virginia, a nursing home means any premise with the traditional function of providing long-term nursing care, nursing services and health-related services on a lasting basis, for the treatment and outpatient care of two or more non-related individuals**. Put simply, a nursing home is a premise designed for man who needs less care than a hospital, but requires daily health care assistance.

The Virginia group of health licenses such facilities and has established guidelines regulating assorted aspects of their operations, programs, and staffing needs, etc***. For example, a nursing home must: (a) have written policies and procedures regarding the treatment of residents and the management of resident care which are available to residents and their families (12Vac5-360-20); (b) supply emergency curative services within 15 minutes, under general conditions (12Vac5-360-50); (c) be field to unannounced on-site inspections of the nursing premise by State employees (12Vac5-371-60); (d) have a written deal with one or more physicians licensed by the Virginia Board of treatment to serve as curative director (12Vac5-371-230); and (e) each resident shall be under the care of a physician licensed by the Virginia Board of treatment (12Vac5-371-240).

In addition, residents of nursing homes are also given distinct ownership as defined by Virginia Code §32.1-138. See http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+32.1-138. Nursing homes are the most regulated and structured residential options for our Seniors requiring some level of daily health care. If the premise provides care straight through Medicare and Medicaid programs, it is deemed a "Certified nursing facility" (Virginia Code §32.1-123; Virginia Code §32.1-127) and must be in compliancy with both federal and state laws.

Of course, the more rules and regulations that define and operate the daily operations of a nursing home, the greater the responsibility of the staff. These are the people who will be expensed with the daily task of caring for your loved one, and making sure they are in compliancy with state and federal laws. No matter how nice and or keen the premise might be, the staff will make the unlikeness in the middle of your loved one being cared for and encouraged, or not.

A nursing home is best qualified for someone:

Who requires daily health care – such as assistance getting in and out of bed; taking medicine; or using the restroom. Who may have dementia or Alzheimer’s and as a result, is unable to eat and or bathe daily without reminder or assistance; Who is recovering from a fall or emergency and is therefore unable to walk, dress and or eat without assistance
Assisted Living Facility

“Assisted living facility” means an adult care house which has been licensed by the Virginia group of group Services to supply a level of assistance for adults who may have physical or reasoning impairments and want at least moderate assistance with the activities of daily living. Within assisted living, there are two types: regular assisted living for those seniors (typically) who need assistance with one or more daily activity; and oppressive assisted living for man who may be incapable of performing activities due to reasoning and/or severe physical impairment (12Vac30-120-450).

The Virginia group of group Services licenses assisted living facilities but does not regulate in the way the group of health regulates nursing homes. While there are Virginia guidelines regulating aspects of assisted living facilities, they are limited: An assisted living premise must: (a) supply or coordinate personal and health care services; and (b) supply 24-hour supervision.

As reflected in the table below, assisted living facilities have no obligation to supply health care and/or have health care staff available to sustain your loved one. In addition, with no obligation to supply such services, there is the interrogate as to whether or not they owe a duty to warn or treat residents with illnesses or diseases that could be transmitted from other residents.

While a nursing home will have many nurses on staff and doctors hired to monitor the residents, assisted living is more analogous to an apartment building or college dorm where laundry and food services are provided and residents are on their own for the rest of the day.

An assisted living premise is best qualified for someone:

Who is basically independent but may not be able or willing to prepare their own food or drive to doctors’ appointments; Someone who wants to scale back and anticipates needing assistance with laundry, cooking, etc. In the near future. A consolidate where one spouse is independent but may need assistance in feeding and or providing for needs of other spouse.
Continuing Care retirement Community

In Virginia you may also see advertisements for a retirement community. They are popping up all nearby our favorite College Towns and traveler destinations.

A lasting Care retirement society provides care depending on your current needs. Like an guarnatee policy, the resident pays an entry fee and periodic adjustable payments, which in turn gives the resident a package of residential and healthcare services that the Ccrc is obligated to supply at the time these residential and health care services are required. For example, if upon entering, all you want is help with your meals, that is the only assistance which will be provided. If you want oppressive physical therapy or God forbid, daily assistance for a Dementia patient, the Ccrc has assisted living services or nursing home services available under your contract. lasting care contracts are regulated by the Virginia Bureau of guarnatee of the Virginia State Corporation Commission.

Many Ccrcs can have nursing home services available whether on-site, or at licensed facilities off-site (12Vac5-360-10). While you may be entering the retirement society as a very wholesome independent and capable resident, as your needs change, so will your covenant with the society and in turn, the facility’s obligations to you.

A lasting Care retirement society premise is best qualified for someone:

Who is basically independent but anticipates the need for daily health care for themselves or a spouse in the near future; Someone who is physically disabled and would be unable to care for themselves or a spouse if the disability grew worse. With at least three very different choices, it is very leading to do your research:

To study assisted living facilities in Virginia, go to group of group Services website: http://www.dss.state.va.us/facility/search/alf.cgi.

To study nursing homes, go to Medicare’s website: http://www.medicare.gov

And Last But Not Least

It is all the time best to speak to a family member of a current resident and spend time getting to know the staff, no matter what type of premise you are seeing into. If seeing and researching is not enough, then consider the chart below – a comparison of the legal duties of a nursing home compared to the legal duties of an assisted living premise in Virginia.

Duty or Requirement

Nursing Home

Assisted Living

Duty to supply nursing care and or monitor resident’s health?

Yes

No

Doctor required to supervise residents?

Yes

No

Each resident shall be under the care of a physician licensed by the Virginia Board of Medicine?

Yes

No

Must have nurses on staff?

Yes

No

Must offer rehabilitative services?

Yes

No

Must have ongoing consultation from a registered dietitian or dietitian on staff?

Yes

No

24 Hour management required?

Yes

Yes

Must design a written plan upon admission of resident?

Yes

Yes

Staff must experience criminal background check?

Yes

Yes

Monitored by Virginia town for capability health Care Services and buyer Protection

Yes

No

Monitored by group of group Services

No

Yes

*Life expectancy increased dramatically during the past century, from 47 years for Americans born in 1900 to 77 years for those born in 2001. These same factors—improved curative care and stoppage efforts— that are partly responsible for the dramatic increases in life expectancy have also produced a major shift in the leading causes of death in the United States in the past century, from infectious diseases and acute illnesses to lasting diseases and degenerative illnesses.” The State of Aging and health in America 2004, published by the town for Disease Control, available at http://www.cdc.gov/aging/pdf/State_of_Aging_and_Health_in_America_2004.pdf.

**See generally, Virginia Code §32.1-123, as amended and Virginia menagerial Code § 12Vac5-360-10.

***It is a Felony under Virginia law to operate a nursing premise without a license. See generally, 12Vac5-371-30.

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