NURSING HOMES - SOCIAL VICTIMIZATION OF THE ELDERLY (FROM JUSTICE AND OLDER AMERICANS, 1977 BY MARLENE A YOUNG RIFAI - SEE NCJ-44336)

• NCJ Number: 44342
• Author(s): G A HACKER
• Date Published: 1977
• Length: 8 pages
• Corporate Author: D C Heath and Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

PROBLEMS ENCOUNTERED BY ELDERLY PATIENTS IN NURSING HOMES ARE EXAMINED, WITH REFERENCE TO A LAW STUDENT'S EXPERIENCE AS A NURSING HOME AIDE AND TO A REPORT BY A SENATE SUBCOMMITTEE ON LONG-TERM CARE.

Abstract

SOCIAL VICTIMIZATION OF NURSING HOME RESIDENTS OFTEN BEGINS IMMEDIATELY UPON ENTRY INTO THE HOME. FEW NURSING HOME RESIDENTS HAVE GIVEN THEIR CONSENT OR APPROVAL TO THE PLACEMENT. MANY SUFFER CONFUSION, DEPRESSION, LONELINESS, AND FEAR IN THEIR NEW ENVIRONMENT, WHICH REPLACES FAMILIAR SURROUNDINGS WITH REGIMENTATION. NURSING HOMES GENERALLY ARE UNDERSTAFFED AND POORLY EQUIPPED TO TREAT RESIDENTS AS INDIVIDUALS AND TO HELP THEM WITH THEIR ADJUSTMENT PROBLEMS. A STUDENT'S EXPERIENCE AS A NURSING HOME AIDE AND EVIDENCE FROM A SENATE REPORT ON LONG-TERM CARE SUGGEST THAT NURSING HOME RESIDENTS ARE VICTIMIZED BY UNTRAINED, POORLY PAID, POORLY MOTIVATED NURSE'S AIDES AND ORDERLIES. FEW PHYSICIANS ARE WILLING TO WORK IN NURSING HOMES. NURSING HOME PATIENTS ARE SOMETIMES SUBJECTED TO IMPROPER MEDICATION. SOME PATIENTS ARE VICTIMS OF THEFT -- BOTH OF THEIR PERSONAL BELONGINGS AND CASH AND, ON A LARGER SCALE, THROUGH MEDICAID FRAUD BY NURSING HOME ADMINISTRATORS. MEDICAID LEGISLATION FAILS TO RECOGNIZE THE NONMEDICAL NEEDS OF NURSING HOME RESIDENTS, LEAVING ELDERLY RESIDENTS WITH NOTHING TO DO AND NOTHING TO LIVE FOR. SINCE DECEMBER OF 1974, THE FEDERAL GOVERNMENT HAS ATTEMPTED BY REGULATION TO CODIFY THE RIGHTS OF LONG-TERM CARE FACILITY PATIENTS. HOWEVER, THE GOVERNMENT HAS PROVIDED LITTLE ASSISTANCE TO FACILITIES IN IMPLEMENTING PATIENT RIGHTS. ONE OMISSION IN THE FEDERAL VERSION OF PATIENTS' RIGHTS IS THE LACK OF A REMEDY FOR VIOLATION OF A PATIENT'S RIGHTS. THE OFFICIAL ENFORCEMENT PROCESS INVOLVED IN THE LICENSURE OF LONG-TERM CARE FACILITIES EXAMINES FACILITIES RATHER THAN BENEFITS TO WHICH NURSING HOME RESIDENTS ARE ENTITLED. MOST STATES HAVE BEGUN NURSING HOME OMBUDSMAN PROGRAMS. COLORADO'S OMBUDSMAN PROGRAM IS UNIQUE IN THAT IT IS FOUNDED ON THE ASSUMPTION THAT THE LEGAL SYSTEM IS THE NATURAL PLACE FOR RESOLVING THE COMPLAINTS OF NURSING HOME RESIDENTS.