Legal Loopholes: Time To Sew Some Up & Regain Senior's Rights

Since Mom's and our family's many life changing and life ending challenges within the Senior Long Term Care system, I've taken on the responsibility through this blog of educating others to the challenges "behind the curtain" of Senior Care within residential facilities.

Our story began when we went from decades of being a family unit, Mom included, to entering into the world of living and healthcare provided behind doors that were often closed to our vigilance by the facility or blocked by systems and procedures by State Authorities.

This blog is taking to task those who are supposed to serve and protect Seniors and holding them accountable for their actions including neglect and abuse beyond a slap on the wrist as they now receive.

Noticed where Mom's facility had received a "fine" of $8,000.  That's a little over one month's cost of living for one person. The facility serves over 200 people. 

Due to the exceptionally "convoluted" reporting procedure and "hidden" or "lack of accurate information" the value of whatever was done can't be directly associated with any action, reaction, ommission or commission and therefore you and I can't make accurate evaluations of whether or not we want to entrust our loved one into the facility's care.

State reports are often valueless. I know. I've called Hotlines and made direct complaints. Only one time did one examiner ever call me and let me know an investigation was in process but the rest of the time, reports were generated and as per State Law could be read but the content was so abstract no one could tell exactly what the complaint was because it was never stated directly.

TRANSPARENCY.  WE DESERVE TRANSPARENCY.

The current failure to not provide clear and concise information concerning Long Term Care facility operations including resident and family concerns and complaints promotes more neglect and abuse.

Through close and careful examination of current practices, procedures, laws, rules and regulations within my own State, and general and government publications you might not otherwise find, reading these entrires you can learn and avoid the pitfalls and heartaches our family experienced through learning and becoming an active and involved advocate for Senior Safety and Well Being.

Lesson #1:  Individual States write their own laws concerning residential centers for Seniors.

The States may make laws that do not conflict with the Federal Laws. The States may have laws that are as ambiguous as the Federal Laws. This is what we've found to be the case.

Readers need to cross check within their State of Residency specific State Laws, Rules and Regulations of their DHSS and of their Medicaid systems.

It is the State of Residency that determines the laws, rules and regulations and the Federal level of laws is a far more general guideline.

Our focus is on providing either Laws that ensure the safety of our Seniors or methods through which public opinion, transparency and therefore accountability are immediate.

This blog is focused on detailing facts about Senior Care in facilities where practices and procedures are not in the best interest of the resident and that, unfortunately, appears to be widespread.

This blog is about ammending Federal and State Laws, Rules and Regulations of Senior Care that are not ensuring the safety and well being of Seniors and those who honestly try to provide good care and ensure their well being. Or, providing ways and means for continuing observation, reporting and full disclosure from residents and families who experience neglect and abuse and levels of care that do not provide for individual rights.

We all walk the path, if we're fortunate to live long enough, into the time of needing care giving by others. 

We need the ability to ensure now those who are already there receive our protection, our concern and our supportive and protective action.

US Senator Claire McCaskill is scheduled to come to our area to speak about Senior concerns and speak with residents. I, for one, am interested in showing the Senator pictures we took of the many incidents of neglect and what we consider to be abuse; of providing her with a list of omissions within our State of Missouri laws that cause more harm than good for Seniors both residing within facilities and those residing elsewhere.