Selecting The Right Nursing Home - Kick The Tires

Posted on August 31, 2011 by John R Kormanik

At one of my previous employers, we had a saying: "It is important to do some 'ground-truthing' before drawing any conclusions." Ground-truthing is, of course, going out into the field and seeing the place with your own eyes because you cannot take as gospel what you are told by others. A recent article from Reuters Money applies this principle to selecting a nursing home.

It is true: According to a GAO study, for-profit nursing homes "more frequent and serious deficiencies than non-profit homes." You need to "peek behind the curtain" and look behind the numbers when selecting an appropriate facility for you or a loved one.

In a previous post, I discussed the Medicare "Nursing Home Compare" website and the excellent information it provides. The NHC, however, should be a starting point for your research, not the "be-all-end-all" of it.

As suggested in my prior posts, and as reiterated by my colleague Jonathan Rosenfeld and others in the Reuters' article, in-person visitation to a nursing home during the selection process is just as important as the "numbers." Go to various facilities. Go unannounced if you would like. Look around. Is the facility clean no matter what time of day or night you visit? Do the residents look neat and clean or disheveled? Do the residents seem happy or over-medicated? Visit at meal-time; try out the food.

Choosing the right nursing home is a big decision. Do not rely upon "numbers" alone. Do not simply take the recommendation of someone, whether they are a friend or not. You wouldn't buy a car based on MPG and recommendations, would you? You need to "kick the tires" to make sure the car you are considering is the right one for you. You take it for a test drive. Shouldn't you do the same when making the decision of which nursing home is right? The answer is undoubtedly: Yes!

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Can An Assisted Living Facility Kick You Out Because Of Your End Of Life Wishes?

Posted on August 25, 2011 by John R Kormanik

I came across an interesting article by Paula Span in the New York Times about a couple's end-of-life decision and a New Mexico assisted living facility's reaction to it. Honestly, the title says it all: "Deciding to Die, Then Shown the Door. The story is about Armond and Dorothy Rudolph and their decision to voluntarily stop eating and drinking in order to legally hasten their death without drugs or violence. According to one source this act results in death in usually about two weeks.

The corporate owner of the facility, Fundamental Long Term Care, apparently upon the advice of legal counsel, called 911 and informed Armond and Dorothy they would be evicted. A physician came and spoke with the Rudolphs and determined they were more than capable of making the decision they did. At the end of the day, the Rudolphs were not evicted; instead, their family removed them from the facility and placed them in a private home where they died less than 2 weeks later, surrounded by family who loved them.

According to the article, what the Rudolphs chose to do is legal in every state under federal law.  The fact that it is legal, however, does not answer the question of whether an Idaho assisted living facility could evict a resident under the same circumstances.

Every resident of an assisted living facility in Idaho has certain rights; they are set forth in Idaho Code § 39-3316. Among these rights is: "The right to refuse medical services based on informed decision making." The Rudolphs presumably had similar rights. That did not stop the facility from trying to evict them.

You have rights as a resident of an assisted living facility. Make certain you exercise them. Remember, though, just because you have the right to make a decision, does not mean the facility will make it easy for you.

If you have questions about your rights, you should contact an attorney who is well versed and knowledgeable in this area of the law.

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