Nursing Home Abuse and Neglect with Attorney Joe Musso

Although nursing home abuse is a well-known problem, many still underestimate how common it is. In 2020 over 15,000 complaints filed with nursing home ombudsmen were about abuse or neglect. 

A live & interactive discussion on this important topic with Attorney, Joe Musso the past Chair of the Virginia Trial Lawyers Long Term Care Litigation Section. Joe is the current Treasurer of the DC Trial Lawyers Association. and a member of the National Consumer Voice, the largest consumer advocacy group in America dedicated to improving the lives of nursing home residents. Joe is a long standing member of the American Association of Justice Nursing Home Litigation Group.

• 703-982-6755
• joe@mussolawfirm.com

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Questions Asked

• Sorry I joined a little late. My mother is in a memory care unit of a large senior residential facility. We are concerned about some issues but mainly staffing levels. I was told that even though many memory care residents need a lot of care, there are no official standards because it isn’t considered a nursing home. Can you touch on who regulates senior facilities and what is legally considered a nursing home?
• Why don't the courts appoint an ombudsman when a Guardian is appointed to a resident with Alzheimer's?
• Kaiser Family Foundation reports that 70% of nursing homes are now for-profit. Yet their marketing materials tout the compassion and care associiated with service organizations.  Tips and resorces to help "the buyer beware?"
• I'm sorry I missed the percentage of growth in the US of the elderly population
• Does it help to contact ombudsman if someone has passed away so they are aware if the neglect?
• How enforceable are signed admission arbitration clauses in cases with confirmed (either by state/fed regulatory agencies) cases of abuse or neglect?
• Private facilities don't seem to operate or answer questions like a standard SNF/rehab. Finding many market as memory care but are not. When person declines & they cannot meet their needs they move them to another facility. If someone private pays x23 years & $ runs out (even if they paid buy-in) is child who signed as guarantor stuck?
• A distant relative is in a mental health facility in PA.  How are these facilities regulated and who should one talk to about this person receiving proper care?
• Can he recommend someone in NC?
• Once again Steve you have provided superb content.  Joe is squarely in the bulls eye on all the issues we faced with our aging parents as they moved through the system from independent living, to assisted living, to memory care.  Very well done....!
• Who is the next chain in command if your feel a NH administrator is not resolving any issues at the facility level?
• Just a minor note on a brief visit to a NH locally and after visiting & leaving I could not find one/any staff to show me the way out - seems minor, would just a ltr to the administrator pointing this out suffice??

Chat Transcript

12:06:51     From  Steve Gurney - ProAging Community : Musso Law https://mussolawfirm.com/

12:14:07     From  Steve Gurney - ProAging Community : Find and compare Medicare-certified nursing homes based on a location, and compare the quality of care they provide and their staffing https://www.medicare.gov/care-compare/?providerType=NursingHome&redirect=true

12:15:26     From  cheryl montague : This is so true.  And you don't have time in the moment to really look into the facilities.

12:24:43     From  Steve Gurney - ProAging Community : Long-Term Care Ombudsman Program https://acl.gov/programs/Protecting-Rights-and-Preventing-Abuse/Long-term-Care-Ombudsman-Program

12:25:38     From  Steve Gurney - ProAging Community : NAPSA (National Adult Protective Services Association) https://www.napsa-now.org/

12:37:10     From  Mari Anne Hamilton : Ombudsman reps are volunteers and must travel and spend time at facilities for all residents and and might be assigned to several LTC homes. They cover group homes, assisted living and nursing homes. Due to covid and aging of volunteers, it is hard to cover all needs. Also time for required monthly continuing education, record keeping and monthly reporting requires much of ombudsman.  The work is challenging but so rewarding.  Always looking for volunteers!

12:41:40     From  Steve Gurney - ProAging Community : Find and compare Medicare-certified nursing homes based on a location, and compare the quality of care they provide and their staffing https://www.medicare.gov/care-compare/?providerType=NursingHome&redirect=true

12:44:50     From  Steve Gurney - ProAging Community : (703) 726-8188

office@mussolawfirm.com

mussolawfirm.com

12:49:07     From  Gary Wederspahn : https://www.urban.org/policy-centers/cross-center-initiatives/program-retirement-policy/projects/data-warehouse/what-future-holds/us-population-aging

12:50:21     From  Mari Anne Hamilton : Ombudsmen are advocates for the resident - they work with families but their role is helping residents advocate for themselves or advocating for them - ALWAYS WITH THE RESIDENT’S CONSENT

12:56:39     From  Steve Gurney - ProAging Community : (703) 726-8188

office@mussolawfirm.com

mussolawfirm.com

12:57:02     From  Steve Gurney - ProAging Community : 703-982-6755

12:57:44     From  Steve Gurney - ProAging Community : joe@mussolawfirm.com

13:09:46     From  Fairfax Building: : Can he come back for more info?

13:10:55     From  cheryl montague : this is extremely helfpful.  Wish I had this insight with my mom.  But I am passionate about it for my friends and other family

13:11:42     From  L Wright : Excellent presentation!  True to earlier comment:  Make victims to victors.

13:12:16     From  Carrie Brill : Thank you Joe for doing what you are so passionate about. There are so many that need someone like you!

13:15:23     From  Carrie Grafton   to   Hosts and panelists : I'm going to look into the book. I'd love to have further discussion on that and this topic as a whole.