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Pollack & Flanders, LLP

185 Devonshire St.,

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Boston, Massachusetts 02110

ph:  1.866.765.5225

fax: 617.259.3050

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Washington, D.C. 20036

ph:  1.866.765.5225

fax: 202.261.3508

Pollack

Flanders, LLP

&

Attorneys and Counsellors at Law

1-866-POLLACK (765-5225)

As the "baby boomer" generation reaches retirement age and improved health care allows more Americans to live longer, the difficult questions of who will care for our elderly citizens and how they will afford the cost of such care have permeated our national debate. Although most adult children would choose to care for their elderly parents at home if they could, the realities and responsibilities of modern life often preclude this. As a result, many elderly Americans who can no longer care for themselves are relying upon nursing homes and other long-term care facilities to provide such care. Depending on the level of care required, these institutions can range from an assisted living environment to full nursing home care.

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Due to the fact that long-term care for the elderly is typically extremely expensive (well over $5,000 per month in many jurisdictions), the vast majority of residents go through most, if not all, of their assets in a matter of months and then become eligible for federal Medicaid benefits. This process is known as "spending down." Indeed, the cost of over 90% of nursing home residents is paid by Medicaid. As such, almost all nursing home facilities receive Medicaid funds.

Any facility which accepts Medicaid funds must also abide by government regulations setting minimum standards for the care of residents in such facilities. Many of these regulations are promulgated by the Health Care Financing Administration (HCFA) and are administered through the states. HCFA regulations set guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident's daily life and minimizing abuse and neglect. Notwithstanding the requirements of HCFA, substandard care of residents has become an increasingly growing and troubling problem.

Many of the institutions that provide long-term care for the elderly are owned by for-profit corporations. In an effort to maximize profits, many institutions have cut back on staff or hired less qualified workers for lower salaries in an attempt to decrease costs.

Too often, elderly or disabled residents of long-term care facilities are not getting the attention they require and sometimes have to compete with dozens of other residents for the attention of too few staff. As a result, all too often residents who require assistance in activities of daily living (ADL) such as feeding, bathing, toileting, walking, etc., are not receiving adequate care. Such neglect can lead to disastrous consequences such as debilitating falls, the development of painful and immobilizing decubitus ulcers, malnutrition and sometimes death.