Archive for the ‘Admission and Discharge Issues’ Category


Nursing Home Arbitration Agreements

Written By: Kenneth LaBore | Published On: 5th February 2017 | Category: Admission and Discharge Issues, Nursing Home Abuse and Neglect, Nursing Home Care Issues, Wrongful Death | RSS Feed
Nursing Home Arbitration Agreements

Nursing Home Arbitration Agreements

Minnesota Nursing Home Arbitration Agreements

Nursing homes cannot seek pre-dispute arbitration agreement as condition for admission.  Pursuant to federal regulations 42 CFR 483.70(n), binding arbitration agreements. (1) A facility must not enter into a pre-dispute agreement for binding arbitration with any resident or resident’s representative nor require that a resident sign an arbitration agreement as a condition of admission to the LTC facility.

Nursing homes attempt to get arbitration agreements many of which limit the rights of person who is injured or even killed due to the neglect of the facility.  Anything that limits your rights is not a good idea and a really bad idea if it reduces the exposure to the owners of the facility for mistakes made during resident cares.  The arbitration agreement acts as a disincentive to provide the highest quality of care, supervision and services practicable.

Arbitration agreements usually do not allow you to litigate your case to a jury and may limit the parties that can hear the dispute.  There is an inherent conflict in a system where the same arbitration association hears all the disputes for the nursing home since they deal with the injured plaintiff only once but are selected by the nursing home in every case in the arbitration agreement.  If the arbitration awards go against the facility they can simply decide to choose another company to hear the disputes, this could make the arbitration association or arbitrators they use dependent on facility awards, hence creating a bias to a party which is supposed to be neutral.

Here are the Conditions When There Are Signed Arbitration Agreements

Pursuant to 42 CFR 483.70(n)(2), if, after a dispute between the facility and a resident arises, and a facility chooses to ask a resident or his or her representative to enter into an agreement for binding arbitration, the facility must comply with all of the requirements in this section.

(i) The facility must ensure that:

(A) The agreement is explained to the resident and their representative in a form and manner that he or she understands, including in a language the resident and their representative understands, and

(B) The resident acknowledges that he or she understands the agreement.

(ii) The agreement must:

(A) Be entered into by the resident voluntarily.

(B) Provide for the selection of a neutral arbitrator agreed upon by both parties.

(C) Provide for selection of a venue convenient to both parties.

(iii) A resident’s continuing right to remain in the facility must not be contingent upon the resident or the resident’s representative signing a binding arbitration agreement.

(iv) The agreement must not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, state, or local officials, including but not limited to, federal and state surveyors, other federal or state health department employees, and representatives of the Office of the State Long-Term Care Ombudsman, in accordance with §483.10(k).

(v) The agreement may be signed by another individual if:

(A) Allowed by state law;

(B) All of the requirements in this section are met; and

(C) That individual has no interest in the facility.

(vi) When the facility and a resident resolve a dispute with arbitration, a copy of the signed agreement for binding arbitration and the arbitrator’s final decision must be retained by the facility for 5 years and be available for inspection upon request by CMS or its designee.

Contact Attorney Kenneth LaBore Before of After Signed Arbitration Agreements

It is best to have a lawyer review any agreement, especially a nursing home arbitration agreement before the resident or their legal representative signs, however if there is an injury contact an elder abuse attorney to review the contract before agreeing to terms as well.  There are requirements in the law that may effect the enforceability of all or part of the arbitration agreement and there are situations where you may be able to contest the agreement or some of its terms.

If you have questions about your rights and an arbitration agreement or to discuss a nursing home injury call Kenneth L. LaBore for a free consultation at 612-743-9048 or 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Cokato Elder Abuse Attorney

Written By: Kenneth LaBore | Published On: 20th April 2013 | Category: Admission and Discharge Issues, Cities | RSS Feed
Cokato Nursing Home Abuse and Neglect Lawyer Kenneth LaBore - Cokato Elder Abuse

Cokato Nursing Home Abuse and Neglect Lawyer Kenneth LaBore – Cokato Elder Abuse

Cokato Elder Abuse and Neglect Attorney Kenneth LaBore

Cokato Elder Abuse Attorney Kenneth L. LaBore is experienced in handling complex medical malpractice cases including nursing home neglect and abuse cases. Mr. LaBore has held elder care facilities across the state accountable for their negligent acts. Mr. LaBore is familiar with the many state and federal regulations which pertained to quality of care standards in Minnesota nursing homes. Nursing home abuse and neglect is preventable with properly trained staff working for organizations which place resident care and quality of life as priorities. When elder care facilities fail to protect the vulnerable adults placed in their charge, you need to contact a qualified lawyer to help protect the residents still in the facility and ensure your loved one’s injury does not go without notice and effect for the nursing home.

According to federal law each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care. The law requires nursing homes also needs to employ sufficient numbers of qualified staff to on a 24-hour basis to provide nursing care to all residents in accordance with resident care plans.

It is important to know the Minnesota Nursing Home Bills of Rights which pertain to care and services for residents in Minnesota nursing homes.

Elder abuse and neglect comes in a variety of forms some more subtle such as ignoring the urgency of Delay in Answer Call Lights to more extreme forms where residents are allowed to sit in their urine and feces to predictably get urinary tract infections and nasty dangerous pressure sores as known as bedsores. Another common form of neglect include falls from either a failure to respond to call lights for residents who need to be toileted often leading to falls with fractures, frequently causing death. Additional resources and information on the following areas of elder abuse and neglect:

Cokato Elder Abuse Lawyer

If we commit to represent you or your family in to your nursing home neglect case, we will set out to prove it by thorough investigation, use of well qualified and experienced experts and when necessary litigation. Mr. LaBore handles all nursing home abuse and neglect cases on a contingency fee basis. You pay nothing for our legal services unless there is a recovery for you.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly throughout the state of Minnesota please contact Kenneth LaBore for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@mnnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589.

Disclaimer

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

 

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Families Want Voices Heard in Nursing Home Complaint Inquiries

Written By: Kenneth LaBore | Published On: 27th March 2013 | Category: Admission and Discharge Issues, Department of Health Complaint, Facilities - Nursing Homes | RSS Feed
Minnesota Department of Health MDH, Needs to Carefully Investigate Each Nursing Home Complaint

Minnesota Department of Health MDH, Needs to Carefully Investigate Each Nursing Home Complaint

Each Nursing Home Complaint Needs to Be Investigated Thoroughly

A state agency is taking care of the nursing home complaint of relatives who say that investigations of care facilities and nursing homes have been giving them no information.  In one case, a woman received a letter in 2011 from state health investigators that said her mother had had a stroke at an assisted-living facility and died. She then wondered if they even reviewed the nursing home complaint / case.

The woman said she was never formally interviewed by investigators, even when they found her mother convulsing from the severe stroke. No one was ever in any sort of trouble over the incident and she says that investigators didn’t seem too concerned when she tried to bring some information to their attention.

Now this woman has been on a mission to make the state agency even stricter toward health care facilities and to give the public some say so in matters involving their loved ones.

The woman feels that the agencies do not see the families as reliable sources of information. Instead, she feels that the agencies look at the facilities as the only sources of information. This has made the state Health Department and the Office of Health Facility Complaints targets because they regulate the more than 2,000 facilities in the states. They have received over 12,000 complaints every year and about 1,000 of them are investigated. One in four of these facilities are found to have committed violations.

For the updated information from the MDH report click here

A victory was scored in February when it was acknowledged by state health officials that a policy changed needed to be made to make sure families had a part in state investigations. New policy requires investigators to interview the relatives of vulnerable adults involved in care facility complaints. This allows the agencies to communicate with the families and to make sure they receive copies of completed investigations.

The new policy has been applauded because it is said that the investigators do “fall short’ at times when making sure they have collected all of the information they need. It is also said that staff resources are at play rather than a bias toward the care industry or the facility. However, the care industry has been reported as saying that they don’t believe the state agencies are keeping their interests in mind. They don’t believe they have been overly friendly as has been reported by patient family members because they are subject to so many investigations.

The problem, however, has been that information has been omitted in investigations when they have been done. This has something to do with shortened public reports due to a policy change a number of years ago. The policy change was put in place to limit the amount of time investigators had to spend doing paperwork, which made the reports easier to read. In recent months, even the dates of incidents have been omitted in order to keep the information from the media and to also keep them from contacting the families of people who have been injured in care facilities.

To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589.

Disclaimer

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

 

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Care Providers Should Only Admit Residents if Able to Provide Proper Care

Written By: Kenneth LaBore | Published On: 7th February 2010 | Category: Admission and Discharge Issues, Nursing Home Care Issues | RSS Feed
Resident Requiring Monitoring, Facilities Should Only Admit Residents They Able to Provide Quality Care

Resident Requiring Monitoring, Facilities Should Only Admit Residents They Able to Provide Quality Care

Nursing Homes Should Only Admit Residents They Have Staff to Support

Many times a resident is not an appropriate fit for a particular nursing home or other type of elder care residential facility. The nursing home should only admit residents when able to provide proper care. The resident may have medical or behavioral needs which require specialized training or increased staffing levels not available in all facilities. Many times residents undergo neglect when there is not adequate care available at the nursing home or there is a lack of qualified staff to monitor the resident and determine changes in their condition.

After admission to a facility the resident may undergo a change which requires additional care or supervision the nursing home is unable to provide. The nursing home has a duty to ensure the vulnerable adult resident is sent to a provide where proper care can be delivered.

Minnesota Administrative Rules 4658.0140 TYPE OF ADMISSIONS.

Subpart 1. Selection of residents.
The administrator, in cooperation with the director of nursing services and the medical director, is responsible for the admission of residents to the home according to the admission policies of the nursing home.

Subp. 2.Residents not accepted.
Unless otherwise provided by law, including laws against discrimination, residents must not be admitted or retained for whom care cannot be provided in keeping with their known physical, mental, or behavioral condition. Prospective residents who are denied admission must be informed of the reason for the denial of their admission.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to klabore@MNnursinghomeneglect.com or call Ken at 612-743-9048.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

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