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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review June 30, 2008 / 27 Sivan 5768

Stay ignorant of your rights and nursing-home rules to your detriment

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q: After paying privately for 22 months until Dad's money ran out, we were forced to apply for Medicaid. When we told the facility, we were advised that Dad would be moved out of his room into a "Medicaid bed" in another part of the nursing home. Because he is doing well where he is, we felt a move would be detrimental to his condition. But the nursing home insisted this was necessary. What are our rights here?


A: If a Medicaid-eligible resident occupies a bed that could otherwise be offered to a person who can pay privately, the nursing home will miss out on additional revenue because the costs funded by Medicaid are generally less than the amount the facility could generate from a private-pay patient.


Many, but not all, nursing facilities separate residents based on level of care and source of pay, placing them on different floors or in different areas of the facility. Before a facility can transfer your father, the facility must give notice of the pending transfer and the reason for it. This notice must include information about the resident's right to appeal and other important information, and generally must be given at least 30 days before the resident is transferred or discharged. In addition, the facility must give the resident sufficient preparation and orientation to allow for a safe and orderly transfer.


Although we believe that you will be fighting a losing battle to contest the transfer unless you have significant grounds, we suggest you ask your father's physician and seek the opinion of an elder-law attorney.


Q: My mother has been in a nursing home for a year, during which time she has been in and out of the hospital. Part of the time she paid privately, and she is now on Medicaid. At the time of her last hospitalization, the nursing home told us they can't hold her bed while she is in the hospital. What are we supposed to do? A: Before a nursing home can transfer a resident to a hospital, it is required by law to provide the resident, a family member or a responsible party with information that clearly specifies (1) the bed-hold policy, if any, under the regulations of that state during which the resident is allowed to return and resume residence, and (2) the facility's policies regarding bed-hold periods which allow a resident to return.


If the resident's absence from the facility exceeds the bed-hold period under the state plan, generally, that person must be readmitted to the facility immediately (if a bed exists) or at the time the first bed in a semiprivate room is available. If you did not receive these notices, because of the complexities involved, we suggest you contact an elder-law attorney in your area.


Q: My mother was admitted to a nursing home after a two-week hospital stay. Although she has been there for nearly 10 days, she is not receiving the services that were ordered by her physician. We have tried to make our concerns known to the staff, but all we get is lip service. In the meanwhile, Mom is not getting any better. We need some suggestions.


A: Under the law, a comprehensive care plan must be developed for each nursing-home resident, which includes not only objectives but also deadlines for meeting the mental, psychosocial, nursing and medical needs of the resident that have been identified in the assessment. This plan of care is required to be completed within seven days after the completion of the comprehensive assessment, which is done by an interdisciplinary team that includes the attending physician, a registered nurse who has responsibility for your mother and any other appropriate staff determined by your mother's needs. To the extent possible, your mother, her family or a responsible person should be included.


The facility is required to review and revise this plan after each assessment, and the services rendered must meet professional quality standards and be provided by qualified people. A person who enters a facility should not get worse solely because of being in a facility, and the facility must furnish the services and care necessary for the resident to reach and maintain maximum practicable mental, psychosocial and physical well-being, as set out in the assessment and care plan. The facility must ensure that the resident's activities of daily living (ADLs) do not diminish unless it is an unavoidable result of the resident's clinical condition, and the resident must receive the right services and treatment to improve or maintain abilities.


Taking the NextStep: While the state ombudsman's office might be of assistance in each of the above situations, this may put the family and facility at odds, which is not the best policy. Generally, a geriatric-care manager can help when these types of issues arise.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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