By Carolyn Rosenblatt, RN
If you have an aging loved one who ever has to go to a nursing home, beware of a nasty practice in which some of these facilities engage. Some elders among us are low income and receive Medicaid. Some live in nursing homes, as they need full time care. It may not affect your own family, but certainly could affect an elder you know. Medicaid recipients are vulnerable and can be subject to terrible treatment, including being kicked out of a home just because they have to get temporary treatment at a hospital. It is disgusting to think that a nursing home will not only violate the law in refusing to allow its own resident back into the home after going to a hospital, but it will callously separate spouses by doing so. Neither has the luxury of choice. One spouse can stay while the other gets the boot?
Nursing Home evicted Ms. Single
That’s what happened to eighty-two year old Gloria Single who lived at Pioneer House, a nursing home that accepts Medicaid residents. She and her husband lived there together until she went to a hospital, expecting to return to Pioneer after she was released from the hospital. Instead, after she was medically cleared to return, Pioneer House refused to let her come home, thereby cruelly separating her from her husband. She now is staying in another home, still hoping to be with her husband again.
Ms. Single would have been voiceless but for the advocacy of AARP Foundation, the affiliated charity of AARP. According to Foundation attorney Kelly Bagby who, with other lawyers, represents Ms. Single in a case against the nursing home, Ms. Singleton has a clear legal right to return to the place where she lived, and the nursing home’s practice of dumping her is a growing trend, according to attorney Bagby, who has repeatedly faced this issue. The law prohibits it and the law is ignored. The lawsuit alleges that she is a victim of a corporate policy of evicting low-income residents to make room for more lucrative Medicare or private pay residents. In other words, they dump Medicaid people so they can make more money on other residents who are paid by better sources than Medicaid.
Says another of Ms. Single’s attorneys, Matthew Borden of BraunHagey & Borden, “Everyone deserves to spend their last days with their loved ones”. In the Single case, the hypocrisy of Pioneer’s corporate website advertising is startling. It says that the owner, RHF Foundation’s “concern for the whole person includes residents, their families and staff and RHF strives to be fair in all relationships”. In their case, concern seems to be directed solely toward the bottom line, not the resident and her family. Pioneer claims to be part of a faith-based organization.
Just to be clear, the term “nursing home” refers to rehab facilities, long term care facilities where skilled care is available, and places where people are often sent for therapy of various kinds after the person has been treated in a hospital. If your own aging loved one is ever mistreated, threatened with being evicted or dumped from a nursing home, know that he or she has rights that can be enforced. The place to start is with the Office of the State Long Term Care Ombudsman. The ombudsman is assigned the task of being the liaison between the facility and the resident or resident’s family. The ombudsman individually does not have the power to enforce the law nor represent a resident but can communicate with those involved and work on solutions. Ms. Singleton’s eviction went from the ombudsman to California Advocates for Nursing Home Reform, a consumer advocacy nonprofit organization, to the attorneys who now represent her.
Our low income, most vulnerable aging loved ones can seek justice, though it will take family members, ombudsmen, and other advocates to get them to the capable attorneys willing to take up their causes. The attorneys at AARP Foundation work vigorously to enforce their rights. The plight of those who live in these homes long term is not always visible to the public. Mistreatment may be concealed unless someone steps in to speak for them and the right organizations lead to the right lawyers to demand accountability by these nursing homes. An impaired elder like Ms. Single cannot speak up and stand up for herself. Nursing homes get away with dumping residents like her.
Ms. Single was treated worse than some people treat their dogs and cats. Having worked in nursing homes myself, I was appalled to learn of this callous practice. It is our hope for her here at AgingParents.com that justice will be done and she can be reunited with her husband before it is too late.
