HIPAA Privacy Compliance

The U.S. Department of Health and Human Services issued the Privacy Rule to put into practice the requirement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Privacy Rule standards address the use and disclosure of individuals' health information-called "protected health information" (PHI). PHI is any information held by a covered entity which concerns health status, provision of health care, or payment for health care that can be linked to an individual.

A main goal of the Privacy Rule is to assure that individuals' health information is suitably protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public's health and well being. An appropriate balance is maintained by the rule that permits important uses of information, while protecting the privacy of people who seek care and healing.

The Privacy Rule gives individuals the right to request that a covered entity correct any inaccurate PHI. It also requires covered entities to take reasonable steps to ensure the confidentiality of communications with individuals. Also covered entities are required to notify individuals of uses of their PHI. A track of disclosures of PHI and document privacy policies and procedures need to be maintained by the covered entities. A Privacy Official and a contact person responsible for receiving complaints must be appointed and all the members of their workforce in procedures regarding PHI must be trained properly to avoid any kind of divergence.

HIPAA's Privacy Rule requires that a covered entity must develop comprehensive HIPAA Privacy policies with respect to PHI. It is essential that the policies and procedures must be reasonably designed, taking into account the size of and the type of activities that relate to protected health information undertaken by the covered entity, to ensure such compliance.

"Essentially, a covered entity is required to develop and implement policies and procedures appropriate to the entity's business practices and workforce that reasonably minimize the amount of protected health information used, disclosed, and requested;" - HIPAA Privacy Rule 45 CFR Part 160

To jump start your HIPAA Security policy creation, it is recommend to use templates. HIPAA Privacy Policies templates can be used by Healthcare entities like Hospitals, Insurers, Long Term Care/Skilled Nursing Facilities, Ambulatory Surgery Centers, Assisted Living/Intermediate Care Facilities, Clinical Laboratories, Clinics, Dialysis Providers, Employer Plans, HMOs, Home Health Agencies, Hospices, Pharmacies, Physicians, PPOs, Rehabilitation Facilities, other payees & providers and business associates of healthcare organizations

We recommend these Privacy Policies templates to achieve your HIPAA Privacy Compliance where all 51 policies are available in MS Word format and can be easily customized as per your requirements.

Assisted Living - Successful Aging That Promotes Dignity and Independence

In an assisted living facility, the assistance may involve the supervision or administration of medicines, or personal care services that are provided trained staff. This type of facility began as an eldercare alternative for individuals such as seniors that no longer are able to live independently but do not require 24 hour medical care that is provided through nursing home care. This type of community is built on the philosophy of services and care that encourages dignity and independence.

The residents in an assisted living facility are usually the elderly that have experienced a small decline in their health and need assistance with performing tasks on a daily basis that they may have been able to handle on their own in the past. This environment is also ideal for seniors who desire to live with little responsibilities and have easy access to care whenever they need it. Many of these communities allow their residents to age in place due to on site health care or contracts with their local health care providers that give the resident the ability to remain in the community as her/his level of care increases.

Assisted living facilities usually offer residents help with laundry and light housekeeping and offer residents meals 3 times a day. Residents of this type of community usually have access to a beauty salon, swimming pool, fitness center, transportation, post office, and much more. Many of these communities plan activities, events, and trips that their residents can participate in which can range from concerts to outings with family members. Another important aspects of many assisted living facilities, is the importance that is placed on being able to keep a pet. Many of these communities allow their residents to bring a pet as long as they are able to care for it on their own. This type of community may be ideal for:

• You do not have a medical need/needs that require the assistance of a health professional on a daily basis

• You require assistance with your daily tasks such as bathing, dressing, walking, cooking, or more

• The cost of your staying home, or other issues prevent you from receiving proper assistance of others

• You desire to have the company of others around your age

• You are able to pay for living in this type of community

If you are interested in information on an assisted living facility for yourself or a member of your family, call one today and set up a consultation with a staff member to learn more. You can also visit the website to learn more.

Assisted Living Communities Help Baby Boomers Get The Extra Care They Require

In the 21st century, the number of assisted living communities being built is on the rise. This is a really good thing because every year, as more and more baby boomers retire; the need for this kind of intermediate care facility is growing.

It used to be that the only care option when you retired was retirement home. These were also called nursing homes, but they used to be the kind of place where nobody ever got nursed back to good health. They were simply places where the seniors were sent. Kind of like boarding schools, except nobody got to go home on spring break.

Those days are behind us now and today's nursing homes are a much different type of place. Full of people who are very dedicated to caring for the senior population. That is a fabulous improvement.

Another improvement has been the establishment of other types of retirement communities besides nursing homes. There are active adult communities where all the people who live there are very active and spend a lot of time playing golf or swimming or otherwise living very active lives.

And in the middle between the round the clock kind of care in a nursing home and one of the senior retirement communities are the assisted living communities for seniors. These places are for people who just need a little help with the things they need to do during the day.

According to some sources, the residents of assisted living facilities need help with an average of 3 activities of daily living during the day. These might include things like help getting washed and dressed in the morning, or having meals prepared, getting assistance with cleaning the house or even having medications administered.

Nothing too serious, just a little help with getting some important things taken care of. Usually the assisted living places have residents that are a little bit older than the average baby boomer, but this is not a rule by any stretch of the imagination. Residence in one of these places is based solely on the amount of care that you need.

If you or your loved ones are baby boomers, age 55 or so, and need some help with the daily morning routine, washing up, and getting dressed for the day, but don't really need constant supervision, then it could very well be that living in one of the many fine and modern assisted living communities might suit you perfectly.

Take a couple of minutes to visit some websites and find out more about assisted living. It might prove to be the ideal sort of residential arrangement.

Job Description of a Nursing Home Administrator

Nursing homes are important places these days. The number of geriatric patients is increasing annually. Thus, the need for this type of facilities has been increasing as well. It is in fact, one of the most in demand businesses today. One of the most sought after positions in home care is the Nursing Home Administrator job.

The role of the Nursing Home Administrator is very vital. Moreover, its responsibilities and scope of work is very sensitive as well. Let us look at some of the major and most important key roles included in the job description of a Nursing Home Administrator.

Nature and Scope
The administrator is the primary personnel that practically runs and oversees the entire nursing facility. It is a managerial position that requires a diploma in allied health care. The administrator also handles problem resolution and operations as well. The administrator reports to the Director of Adult Care Services on a daily and weekly basis as to the status of the entire facility.

One of the most sensitive and critical role of the Administrator is to run the entire facility based on State Standards and the benchmark provided by the Department of Health. The Administrator also has to make sure that the services they provide in their residence is up par to the other Nursing home facilities. The goal of this is to minimize complaints, state license violations and possible legal issues.

The Administrator, on this note, develops and implements policies, procedures and regulations that are in line with Federal and State requirements. Moreover, he or she is in charge in hiring qualified and licensed allied health care professional like nurses and caregivers. The Administrator monitors the activities of the Department Heads to make sure that the policies and procedures are properly implemented. The Administrator also regularly conducts analysis on the operations gearing towards complete compliance of State and Federal Laws.

The Administrator function also includes proper and conscientious budget handling making sure that the annual budget is spent within the facility's financial requirements. He or she also sees to it that all financial transactions including but not limited to revenue sources, grant writing and the likes are properly documented.

The things mentioned above are just some of the most important responsibilities included in the job description of a Nursing Home Administrator. It is certainly one of the most in demand jobs right now and there are several requirements needed for the job. Working in any health care field particularly in clinical areas will eventually pay off once hired as an Administrator for a Nursing Home.

Scrapbooks Can Sell Beds in Nursing Homes

One of the most difficult decisions an adult child may have to make is whether or not to move an aging parent into a nursing home.

There are many factors that can lead to this difficult decision. Perhaps the parent can no longer take care of themselves. This may be due to a weakened physical condition or it might be a medical condition such as Alzheimer's.

Not all nursing homes are the same. What better way for a nursing home to show what they have to offer than through scrapbooks?

When a parent does have to move into a nursing, even if it's a temporary move, they want to be able to have some sense of familiarity. A scrapbook showing personal bedspreads on beds can be helpful in showing that residents can indeed some of their own belongings.

Is there a closet in the room? Show the closet door open with clothes hung inside. This again shows a family that the future resident will be able to bring an assortment of their clothing with them. Is there a dresser in the room? Are residents able to have a few knick knacks and photos on the dresser? If so, take some photos of current resident's dressers, showing the personalization each resident can create.

What about meal time? Where do the residents eat? What does their tray of food look like? When we eat in restaurants, the chefs work very hard at creating a plate that looks very appealing. They mix color. They choose foods that compliment each other visually. What does the nursing home do? Do the trays of food all look pale and bland? Or do the plates of food look appealing and attractive? Show breakfast trays, lunch trays and dinner trays.

What activities are offered? Is there singing? Are there movies shown? Are there arts and crafts programs? Is bingo offered? Seeing photos of residents attending programs will help in making the decision to purchase a bed from your facility. I would want to see happy, smiling faces of people involved in activities through out the week.

By creating a scrapbook of all the reasons why someone should choose your facility, you'll ease the minds of those making this very difficult choice.

How To Become A Successful Nurse

Are you interested in patient care? If yes, why not pursue a career in Nursing? Familiarize yourself with the procedures and steps on how to become a nurse. The first thing you need to do is to register and enroll in a 4-year degree program. However, you can also take short courses, focusing only on patient care training. Moreover, you need to know what specific area you want to work. You can be an ICU nurse or a nurse working in home care. Following are the basic steps on how to become a nurse.

Plan And Select A Program

As an aspirant health care professional, there are two methods available for you to select. The first one is the traditional way and the second is the practical method. Ideally, you take a Bachelor's Degree in nursing which you can complete in four years. The Bachelor's Degree program in Nursing includes regular classroom lessons in pharmacology, anatomy and physiology, nursing skills, diseases and physiology. As a student and an aspirant health care professional, performing and completing practical classes in patient care at hospitals is essential. You can experience firsthand nursing care to your patients during practical classes.

If you wish to become a home care nurse, the practical way is to take an associate degree in nursing. Soon after graduation, you can take the examination for nurses. One can complete the associate degree program or practical nursing in 12 to 18 months. The program includes practical training in patient care.

LPNs or aides can take extra courses to become a Registered Nurse. After finishing all the courses needed, one can opt to take the nursing examination as well.

Work Environment

In selecting where to work, one can choose whether to work in doctor's offices, clinical areas and home cares. Other options available are working as a company nurse on offices, personal nurse on private residences, and clinical staff at schools. If you want to pursue a career and at the same time serve the country, working as a government nurse assigned on military bases is the right job for you. This kind of opportunity can give better monetary and health benefits.

Once you know which course, getting your dream job would be a breeze after graduation. If you wish to go further in your career, you can choose to take the Master's Degree in Nursing. After completing and accomplishing the advance program, you can earn promotions and you can receive high earnings.

Final words, when applying for a job, it is helpful to highlight and emphasize your skills in planning, supervising, and monitoring patient care, record keeping, and other regular duties and responsibilities. Be confident and let your body language speak to show that you are competent enough for the job. Do not be afraid and trust your instincts.

The Myths on Long Term Care

The insurance business is something that I've been working in for more than a decade now and I have listened to a lot of peoples explanations on why they avoid buying insurance coverage. Most of the challenge comes from long held ideas which people look at to be true, while others are entirely false. It appears that most scenarios, for which we need insurance unless required by law, provide us an "option". Nevertheless, knowledge really is our finest educator and Long Term Care Insurance is no exemption. Any person who has experienced care for the elderly understands, with no doubt, just how significant this protection can be.

These are the four myths which guide people to think that they will never need this essential coverage.

1. My loved ones will take care of me, so I really don't need Long Term Care!

This is a really common belief and one that I have seen over and over again. In the 1950's when grandma required a place to live she usually journeyed amongst her kids. Nowadays; things are a little bit different. People are now having fewer children with the outcome being that the obligation for parental care may turn out to be the job of only one or two siblings supposing they are accessible AND have the time and money to take care of grandma. There's an old quote, "One mother can take care of ten children, but ten children can't take care of one mother?" This just goes to show that probably moving grandma around in the 1950's didn't work and it absolutely doesn't work nowadays. Include the fact that in many households where both spouses work, marriages frequently end in divorce and seniors are living for a longer time than they ever have. I absolutely don't want to live long enough to turn out to be a problem for my children.

2. When I'm old, Medicare will pay for whatever I need! Right?

Medicare was never created to pay for Long Term care expenses. Quoting the Medicare website, "Medicare doesn't pay for help with activities of daily living or other care which people can do themselves. Medicare will only pay for skilled nursing or home health care if one meets certain specific criteria. "

3. If I can't find the money, than Medicaid will pay for what I need! Right??!!

This is completely accurate! BUT! In order for a person to be eligible for Medicaid they need to first meet really strict guidelines with respect to assets. Simply put, they need to confirm that they are indigent. Furthermore, if there is a partner involved, any assets relocated from one to another are subject to a five year look back. For that reason, if you have assets including a house, a vehicle, or a 401K, this will provide some very huge problems needing the service of elder care professionals such as lawyers and planners and need to be done prior to the problem occurring. Even if you are eligible for a Medicaid price cut, your family may continue to wind up paying in over half the amount of your monthly rent at a experienced medical center. Are you informed that in some urban locations monthly nursing home expenses are between $10K and $15K per month?

4. I can take care of myself! I saved up enough money!

Sure, you can pay your long term care bills from your own savings account. Having said that, you need to think about the cost of long term care providers before depending on "private pay" as a strategy of financing care. Here are the latest national costs for long term care companies:

• $20/hour for a home health assistant
• $61/day for care in an adult day care facility
• $3,270/month for care in an assisted living facility
• $207/day for a semiprivate room in a nursing home
• $235/day for a private room in a nursing home

In 2011, the "average" value of a semiprivate bedroom in a nursing household, nationwide, was $75,555. In respect to the U.S dept of Health and Human Services, the typical period of stay in a nursing home is 2.4 years. Are you regimented enough to conserve this type of money? Is this where you want your savings to go if you are competent of such discipline?

Losing a Child - A Parent's Worst Nightmare

The older we become, death becomes eminent. It is something we can not escape and the only thing we can be sure of, other than paying taxes. When someone passes away, sadness overtakes us until we realize it is their appointed time to say good-bye. However, the death of a child is something entirely different. Last month, I recall reading the daily news... There it was, Section C, column 4, page 15; a parents worst nightmare! Three deceased children.

I tried to envision how horrible it must have been for the parents to learn their children were gone forever and how feverishly the medical personnel worked to save their childrens lives. The police said their deaths could have been avoided. Although the families did not know one another, they were bound together by circumstance and desperate to make sense of the tragedies that had befallen them. One child died in a car accident; a daughter from a drug overdose, and another boy, from a gunshot wound to his chest. Sadly, his best friend accidentally shot him while they were playing Russian roulette with his big brothers gun.

Work and play are verbs that are relative to one another. We all do them, some enjoy them, others prefer one over the other. But, death, is an acronym for "Despite Everyones' Attempt To Help"..... It is a omen that foretells an end to a set of circumstance as we know it, yet heralds a new beginning and step into the unknown. Whatever its formal meaning, it portrays exactly what we all believe it to mean; the finality of a situation.

Children are chosen by God and given to us as gifts. They are presented to parents to raise, teach and love. They are not ours to possess or keep; they are loaned. Parents believe we are here for our children, but in reality, they are here for us. Children are the teachers of patience, givers of wisdom and the reason for the skip in our steps. They are the reasons why we live and why we fight to survive deaths forerunners called, cancer, heart attacks, drug addiction and even suicide.

"Time heals all wounds," is another common analogy used to placate another whenever we are lost for words, or we do not know what to say to comfort them. It is tomorrows hope that somehow they will survive whatever tragedy has befallen them. Parents who have lost children know that "time" is like a diamond, and has many facets. It has the ability to make us wiser, less trusting or older. It can also bring with it promises of a new tomorrow, fresh ideas or another tragedy. It holds in its hand the perception of a glass half empty vs. a glass half full. Whatever its true meaning, one thing is clear; any parent who survives the loss of a child will never be the same.

Powers of Attorney - The Good, the Bad, and the Cure

Every professional knows the value of a power of attorney for an elder even if not by name.  The advance directive or a living will is widely recognized as the legal remedy for control over ones destiny in the face of terminal illness. The patient's instructions are carried out by the patient advocate who is acting under a power of attorney.  The vast majority of people who use powers of attorney for elders are loving, caring family members who without the authority could not assist.  Powers of attorney are indispensable, but are they also dangerous?  In the wrong hands perhaps, but that is a risk with a cure.

Essentially a power of attorney is a simple document granting another person the power to act as the first  person's agent or attorney in fact.  The attorney at law is a person who acts as the agent in a court of law.  The powers granted may be as broad or as narrow as the principal chooses.  The agent acts only so long as the principal approves and the agent's authority may be terminated at any time.  The agent never takes over without principal permission.  Where the power of attorney is durable the agent may continue even if the principal is not competent. In this instance the agent is required by law to strictly and dutifully perform only those powers granted. More later on what happens if the agent violated this duty.

The power of attorney is indispensable for family members who come to the aid an elder in time of need.  Sorting out insurance denials is impossible with authority.   An  answer to "Are you the insured?" will quickly terminate a call if the child has no authority.

Probate court an alternative, but what does it cost?   Where the elder lacks the simple capacity to name the person who will assist in their affairs, the probate court is available to appoint a guardian or conservator.  This formal court proceeding will cost in time and money but is sometimes the only solution.  A person may have minimal capacity, but may have no trustworthy person to act.  The court will appoint a person who will be supervised and answerable to the probate court.

The probate court is to be considered only after the alternatives are not available.  Michigan Supreme Court Probate Court form 666 advises the following options be considered first:

• Do not resuscitate order


• Healthcare power of attorney


• Durable power of attorney


• Representative payee.

The protection of the court does not come without a price.  One Westland wife found out the hard way.  She wanted to sell her home and move to a condo now that her husband, who used to take care of the house, was in a nursing home.  The problem was that she was his court appointed conservator.  She had to petition the court for permission to sell the house.  After eight weeks and almost losing her sale to an eager young family she got court approval and a bill for over $4,000 in court and legal costs.  Single people are especially vulnerable to having large sums of their own money spent on court ordered proceedings.  One 85 year old Detroiter, who had frugally saved all his life, was billed over $10,000 in court approved conservator fees to manage and organize his affairs. He had a nephew who was a retired physician who offered to assist but was turned down by the court.  Many seniors had their homes sold to pay for court appointed guardian and conservator fees.  One wife was informed by the court appointed conservator that she had to spend two thirds of her and her husband's life-savings on his nursing home bills.  The conservator never thought of petitioning the same court for in increase in the wife's asset allowance.

But, what about elder abuse?  What of the power for abuse?  We hear of concerns that children may get a power of attorney from parents and then subject them to elder abuse.  There are a number of legal points to consider. First, if the elder is not competent when the document is signed then it is of no effect.  A court in a guardian or conservator proceeding may find that the elder did not know what the elder was signing and void the document as well as appoint a guardian.  Second, the power of attorney is not often needed for abuse since these children have access to bank accounts of the parent by being joint on the bank account.  Third there are criminal laws against abuse.

A person who uses a power of attorney is a person in relationship of trust.  If the agent uses the power of attorney to exploit a vulnerable adult, Michigan law provides for punishment up to 10 years in jail and a fine 3 times the value of the money or property obtained.

In addition the agent who abuses the authority granted may be charged with embezzlement and forgery and receive up to 14 years in jail.

Elder exploitation is the misuse of an adult's funds, property or personal dignity by another person.  If you suspect Elder abuse, neglect, or exploitation in a private home or unlicensed facility, notify the Department of Human Services (DHS) Protective Services for Adults.  Statewide 24 hour Hotline:

1-800-99NOABUSE

1-800 996-6228

In short the power of attorney is a simple, affordable wonderful tool for family members to come to the aid of a person in need.  If that power is abused there are powerful remedies against those who would try to take advantage of a vulnerable adult.

by Jim Schuster, Certified Elder Law Attorney

Physical Rehabilitation Centers and Nursing Homes Night Mares

*The reader decides what is good in each individual case. If any suggestion or advice is not helpful in your case, the authors suggest that you do not use it. Each case is individual; each case is different. Be your own judge of what is good in your particular case.

WOW! So you have a complaint! So, you have a serious complaint! What do you do? How do you pile through all the red tape of dealing with nursing homes and physical rehabilitation centers? Have you been given the run-around by a physical rehabilitation center or nursing home. Do they ignore your questions or requests? Does it seem like you are invisible to them? Have you made legitimate requests and been ignored at every turn? Does it "seem" like the corporate persons or people in charge or the licensed social workers are taking advantage of the situation?

Is the center or nursing home ignoring bedsores that were acquired right there in the center or nursing home. Those are questions to ask yourself when you feel like you are getting the run-around when dealing with health or financial issues in relation to physical rehabilitation centers and nursing homes in this world.And there are more questions; you probably can think of hundreds of questions yourself. How about these questions? Do they wait days or even weeks before the patient or resident is given proper care? Does it "appear" that the physical rehabilitation center or nursing home is doing "more bad than good"? And are they covering this up with avoidance or fabrication? Do these sound like the same complaints that you have about a particular rehabilitation center or nursing home? If they do sound similar or the same, your first steps in protecting the patient, resident and family can be found here in this self-help article.

Have you caught the place in outright lies? What has been your experience in dealing with physical rehabilitation center s and nursing homes? Everyone has a different experience. And while some might have a good experience, there e are possibly dozens or hundreds of others who are having bad experiences or terrible experiences inside physical rehabilitation centers and nursing homes.So, what is your experience? And If you have a bad experience, how do you handle it; How d o you react and how do you act in order to benefit the patient or resident inside the home?

First, build a solid base of honesty, and if there is no honesty inside the nursing home or rehabilitation center, if there is no honesty coming from the staff or supervisors, then build a case for proving their dishonesty. Once you have seen that staff or supervisors or administrators have lied about circumstances, and then you need to protect yourself from happening that happen again.For example, if the rehabilitation staff is claiming that something happened or is happening and you know for a fact that this is not true, then any future contact that you have with them might end up the same way. So how do you protect yourself under these circumstances?

Put It In Writing!

WRITING! Yes, a simple thing like writing changes all perspectives of a particular situation. Writing can bring a situation around to having more honesty, to having the staff and social workers and administrators "become" more honest. Once they see that something is in "writing" --in "print", they might think twice about compromising their honesty and integrity. So, if anyone at any of those places has lied or fabricated, made up a story or ignored any of your verbal requests, it would be just common sense to have future dealings with them in "writing".

Once a physical rehabilitation center has lied or misconstrued something or ignored your serious verbal complaints, it might be time to hit the typewriters and computers and compose a letter -IN WRITING-- to the administrators or supervisors that are responsible in the corporate setting. If you have serious complaints and your complaints are being ignored, it might be the time that you put your serious complaints in writing and it might be the time to send such complaints by certified mail or by express mail or by priority mail.What? What if you cannot afford these types of mail services? Have no fear! You can properly complain in writing and still have proof that you sent your letter -by asking the post office for a "certificate of mail". This is a small white receipt that is postmarked by the Postal worker, and then your letter is "on record" for being mailed at the US Post Office. This service is under two dollars per letter. (It might be under one dollar and fifty cents; check with your local post office). ALWAYS put your complaints in writing once your verbal complaints have been ignored or once stories have been fabricated by any staff or personnel at any physical rehabilitation centers or nursing homes.

Staff who are honest and personnel who are honest will not resent or be bothered by any complaints that are put in writing. It is only dishonest staff and dishonest personnel and dishonest licensed workers at physical rehabilitation centers and nursing homes that would be upset about any complaint put in writing. If staff is honest, they will respond professionally; if they are dishonest, they will dig their own hole deeper. Be forewarned that the battle gets tougher and the steps get deeper once you decide to register your formal complaints, so it might help you to have a few others on your side.

Helpful Hints:

Keep a Journal.

Begin a journal book and record EVERYTHING that happens -time, date, place, day, occurrence and the person's involved. KNOW that this corporate place is doing that so, you get on board and keep your own records, your own journal book/diary, regarding all issues and applicable communications, calls, visits. This is vitally important for your own protection from unscrupulous rehabilitation centers and nursing home

Keep records and copies.

Make a record of every phone call and every conversation, topic, date, time, day, and topic of conversation with details -every time you speak with someone regarding the rehabilitation center or nursing home. Some individuals make tape recordings of their phone calls. As long as "you" speak during that conversation, and you are "present" in that conversation, then this is not "eavesdropping" but simply a recorded conversation

Document everything.

Document everything that is done, everything that is said, everything that is not done and not said, to have accurate records of what is happening. Your documentation can mean the difference between success and failure, so document NOW- even before you have need to document things.

Have Everyone Join In and Check licenses:

Bring your entire family into the picture. Instead of one person doing all the work and making the complaints, ask all the family members who are available to help out and file their own complaints, either with the corporate place or with outside complaint agencies. The more participants the better. Consider, that's consider, reporting any unscrupulous "licensed" individuals to the appropriate "licensing" bureaus. In some states the places that give licenses is the Department of Education, in other states, it is another department.

Research online and be persistent:

Go online and do a search of any and all organizations that are there to help you with complaints against physical rehabilitation centers and nursing homes. Do a thorough search and you will come up with, maybe, more help than you need.Be persistent in your complaint. KNOW that so many others have been successful in battling bad nursing homes. Check out the article about a Southern California lawyer who successfully is getting settlements of more than a few million dollars from unscrupulous nursing homes who "lied about the quality of care inside the nursing home. Now, nursing homes are going to be more careful about what they "advertise" because if they do not produce what they advertise, they just might end up in some million dollar lawsuits -against them. One nursing home that has recently settled because it decided that it was better to settle than to go through a lawsuit for false advertising. It's tempting to give up when a large corporation is battling against you, especially when they are battling with illegal or unscrupulous tactics, but always have hope. Always know that all throughout history, eventually good conquered evil. Even when things looked worse in history and in life, good always survives and the truth always comes out. So have hope knowing that you are in good company and you will prevail with your honest reports to the appropriate places.

Stay connected to win!

You cannot underestimate the power of being connected. Talk with everyone you know, everyone you trust about the situation but without mentioning names. Ask for any and all help that you can get in fighting the red tape, the fabrication, the lies, and the unscrupulous dealings of any happenings inside of bad nursing homes and bad physical rehabilitation centers. If you are staying in a nursing home for rehabilitation, ask everyone you know if they know about your particular residence. Always listen to your gut instinct, no matter what anyone says. You can do whatever you set out to do, just make sure that you always listen to yourself.

Now, gather your evidence.

Gather the rest of your evidence. Who would think that nursing home advertisements would be helpful in bringing down a nursing home which is giving inadequate care or bad care? Well, think again. Read the news articles, and go at once to gather any and all of the advertising that any offending nursing home or any offending rehabilitation care center is giving out. Do you have a brochure? Look in your newspapers, where local places advertise. Tear out and save any and all advertisements that those places offer. Buy the newspaper or get the newspaper at your library and read about all the things that these care centers "offer" to their patients and residents. SAVE EVERYTHING! If a nursing home or care center is offering a certain kind of care, certain kinds of rooms or certain kinds of services ONLY in advertising but not in reality, then perhaps that particular corporation can be brought to law to be accountable for all of its false advertising. Be persistent. Study , research, and keep your research and keep your evidence. Then and if you decide to sue, you will have enough physical evidence to present to your lawyer. You just might win your case.

Value trust and guard it.

Forget trust? Wow. How can we say such a thing and be serious? Here's how. If you are dealing with a rehabilitation center or nursing home and some or any of the staff has already fabricated stories, withheld or lied or ignored your legitimate requests perhaps this is time that you should remember that these people should not and cannot be trusted. Why? Well, if they lied to you once, what stops them from fibbing to you or withholding vital information from you twice or three times or even all the time? If they have already thrown your trust in the garbage, how do you get that trust back and protect yourself? Usually, once staff lies to you, you can ALMOST be sure that they will lie again. After all, how do they cover up their first lie? They can only do that by either apologizing for their first lie - which won't happen- or by continuing to lie to you again and again. So, if this applies to you, the "forget trust". We are not claiming that everyone inside a nursing home lies; what we are stating is that sometimes "SOME" staff at some nursing homes cover up the truth simply because they are afraid of losing their jobs. After all, if a nursing home lets someone wait for hours and hours to go to the bathroom and if a staff member complains about this -what happens to that staff person? So when bad things happen inside of good or inside of bad nursing homes, the staff is pressured to cover up the lacks and to cover up the bad things that are happening --under the pressure of losing their jobs if they speak out.

Remember the eight nurses who walked out.

Look at what happened to those eight nurses who walked off the job due to bad conditions. That was in the news. EIght - not one, but eight nurses walked off in unity, yet even they had the tables turned on them. So, good employees are pressured to be silent and this makes the nursing homes and rehab centers worse than they should be.

If you are a nurse or social worker or supervisor in a rehab or nursing home, you need to SPEAK OUT against the bad practices that are happening inside these places. With your help, society will be successful in changing things for the better. (If you are afraid to speak out because you might lose your job, speak out to us. We will keep your confidentiality, and through a unity, YOU can help save lives. You can help give better care.

Complain to Agencies.

About complaining: Do your complaining (to other agencies and departments regarding these issues) in writing. It's tempting to get on the telephone and complain verbally because that is easy, however, only the true complaint prevails if you put things in writing. You put things in your own words-not in the words of the person taking the complaint.

Be Knowledgeable and consider suing.

Realize! Yes, realize what really happens once you initiate a complaint. First know whom you are speaking to if you complain by phone Know that most or some agencies are staffed by volunteers and even some are sympathetic to the corporations that you might be complaining about. (So consider suing if you have a good case). Complain to the agencies that issue licenses -whether the person you are complaining about is a doctor, nurse, home health aide, or social worker, complain to the proper parties. Ombudsman complaints are, well, okay, maybe, but sometimes even these ombudsmen are volunteers and sometimes you might get one who is not "impartial". However, when you complain to a licensing agency, they must check into every allegation, so much more than an ombudsman can and or will. Thinking about suing? Well, half of the work is done for you if you have followed the proper steps and taken the proper records. Your journal can probably be used in court to help your case. (Only your lawyer would know this). Persist! Don't let anything negative that the "red-tape builders" say to you; discourage you from being persistent in your honest reporting to the proper agencies and possibly lawyers also.

YES, build yourself up; strengthen your position and protect your family members and patients and residents by using the best resources that are available to you both in print and online. We make some recommendations about helpful books and helpful resources tools that you might be able to locate online or in your home town. Why not check out Mark Green's publications, such as THE CONSUMER BIBLE, or other consumer books by Mark Green.

Never "threaten" to sue, just do it

Locate a lawyer.

Finally? Finally, if nothing else helps the case and you are still getting nowhere and the corporate and staff are still fibbing, fabricating, or withholding vital information, seriously considering suing the place. Yes, a lawsuit might be quite appropriate in some cases. In no matter what state you live in, there are usually competent lawyers who will take your case without taking any upfront money from you. (Check with friends and relatives who may have used lawyers or check the yellow pages).

Search the net.

Know the net. Be aware of how the net works and be aware of how advertisements pop up on the net and what they mean and what they stand for. For example, you are now reading an article about rehabilitation centers and nursing homes. So, the way the net works is this - you might look to the side there and see many advertisements for nursing homes or rehabilitation centers. KNOW that this does not mean that this article is about those and this does not mean that we recommend any of those places. The way the advertisements get there is purely random. Somewhere in the net, the words "rehabilitation center" and "lawyer" and "nursing home" are picked up by the net and the advertisements are almost automatically generated. So know that we have no affiliation or recommendation of any persons or companies that are mentioned on this web page or in this website. In fact, we have no way of knowing which or if any of these corporations will appear on the same web page that our article is on. So beware and do your own "checking" when it comes to businesses.

Believe in yourself.

Believe in yourself and in your own inner instinct. Know that most staff or personnel that are connected with the physical rehabilitation centers and nursing homes probably would advise you not to put anything in writing. Why? Once you put your complaint in writing, they actually have to DO something about it, instead of being able to ignore your complaint the way they might be able to ignore a verbal complaint. So by putting your complaint in writing you make them accountable; you make "more work" for them, and you protect yourself and your family member. So, if you want to protect yourself and your family members, it would seem that it makes sense to put things in writing. (After all, what's more valuable, a verbal contract or a written contract? Correct!)

Always stay connected.

Connect! Yes, yes, yes, connect! Connection is a tool that has helped people throughout centuries throughout the world. You have seen evidence of this yourself. Don't "unions" get more benefits for employees? Aren't union members usually more protected than those that are non-union? Well, that's the connection theory at work. The more people you have on your side, the better protection that you have. So, if you can be connected with others that have the same problem as you have, that is protection for you and protection for them. SO, connect! I f you are seeking connection with others who are complaining about rehabilitation centers and nursing homes write to us and we will do our best to put you in touch with others having the same problems. ALL through history the ones who are and were the most successful are those who enlist the help of others and the ones who have a group behind them. That is why or how many unscrupulous rehabilitation centers and nursing homes get the upper hand, because there is more "staff" than "you". Once you join with others that are when you might begin to be successful in your journey towards truth, honesty, and integrity in rehabilitation centers and in nursing homes. Connect with us and join our worldwide project that will put the spotlight on nursing homes and physical rehabilitation and care centers across the world, and more specifically ones right in your own neighborhood. You can make this happen. Join us by emailing us with your facts, research, photos and your true story. Include a confidentiality statement with your work and you can be in consideration for joining our worldwide project.

SKEPTICS? :

Ahh, there are skeptics reading. Yes, we hear you. You are reading thinking that there are great nursing homes out there and there are wonderful people working there too. There are many giving wonderful and great service. YES! That statement is true, but in reality, the better truth is that there are probably MORE unscrupulous, offending, and damaging rehabilitation centers and nursing homes out there, throughout the country and throughout the world than there are good ones. If you doubt this statement, just do this, use the "Google" tool and set up Google alerts on your email account.

Put the words nursing homes or nursing home in there. You will probably get HUNDREDS of emails -Google alerts - in your box daily, about the negligent and malpractice nursing homes and rehabilitation centers. You will get emails about staff committing crimes, staff being negligent and emails about people dying all over the country of unnecessary deaths. Just check out a few of those Google alerts and see what happens. Yes, Virginia, there are good nursing homes in the world, but this article is about the bad ones. That's the difference. Our purpose in writing this article is to bring world attention to the deficiencies and the malpractices and the negligence's and the crimes being committed inside of unscrupulous rehabilitation centers and nursing homes.

REHABILITATION CENTERS

Why rehabilitation centers? You've asked why we use this term, and we have the answer for you here. For many, many years, there have been so many deficiencies in some nursing homes that the term "nursing home" leaves a bad taste in the world's mouth. Lately, we have come to connect the word nursing home with something bad -due to all the bad publicity that has been in the news and on television. So, what's the solution when a nursing home wants to advertise yet doesn't want that bad connotation to its name? Well, name it something else. Most all nursing homes have always had a floor or two for "rehabilitation" for many years. But now, some have changed their names so as to exclude themselves from the 'bad news' that might generate from searches about "nursing homes'. So, throughout our country, and throughout the world, "rehabilitation centers" are popping up all over, trying to not be classified as "nursing homes' in an effort to divorce them from any and all bad publicity. There actually are legal definitions of nursing homes and physical rehabilitation centers for the purpose of Medicaid and other agencies. The definitions have to do with how long people stay in a facility.

For example, if a place names themselves a "rehabilitation center" instead of a nursing home, then when people Google "nursing homes" their place might not come up in the search -even if there is bad news about the place. So, don't be fooled by name changes of places. (There is an actual legal clarification and definition between "nursing homes" and "rehabilitation centers" and you can find that online in one of the government sites). Google both names and read them all. These are terms you can Google to get news: "nursing homes, nursing home, rehabilitation center, rehabilitation and care centers, care centers, long-term care centers, aging, and things like that. But to begin with Google nursing homes and rehabilitation centers -two separate terms.

THE GOOD ONES: Yes, we acknowledge there are many helpful, good and law-abiding nursing homes and rehabilitation centers. This article is about the opposite. This article is written about the bad ones, the unscrupulous ones and the ones that violate personal and civil rights of human beings.

I f you are in a good one, we are happy for you. If you have a family member in a good one, we are happy for you, and we still ask you to JOIN US, yes join us, in stopping the corruption or the lack of care and non-care in the bad facilities. Join us and together , nursing home service will improve.

WRITE TO US:

(If you have a good comment about nursing homes and you do not understand this article, you are welcome to write to us also). We write, these articles regarding nursing homes and physical rehabilitation centers in an effort to band together with others who have been bound by red-tape, the run-around, and by unscrupulous nursing homes and physical rehabilitation care centers. We hope that you spread the word, and ask others to join us as soon as possible. TOGETHER, we can make progress; together we can be successful in making all nursing homes and all physical rehabilitation centers --better, and healthy for all of our people.

Footnotes below this line

By "dig their own hole deeper", we mean that if staff has already been dishonest, once approached in writing, they probably will continue to lie or fabricate or ignore your requests. Either way, you go on record with all your communications. That is your protection against future fabrications by staff.

This article, for the most part, is concerning dishonest staff at rehabilitation centers and nursing homes. When we advise "steps ", suggestions or advice, it is for the offending places and personnel. We do realize and recognize that there are "some" nursing homes that offer good service.

When recording on answering machines, sometimes a "timed beep" is necessary; check with your local statutes or check with your lawyer for details. Do an online search for help in that area.

If a licensed social worker or a licensed doctor has been unscrupulous or if they have been allegedly guilty of malpractice or negligence, you might want to consider seriously complaining to the licensing agencies about this. Pull up a good search engine on your computer and put in a search for "department of education licensing division" or "licensing agencies" . Keep searching until you find what you you are looking for.

While there are some centers that do "just' rehabilitation and or therapy, the places that we are speaking of are the centers that used to be nursing homes and those that have just changed their names to cover themselves up. The places we speak of are those that have nursing home ability or capacity -have people "living" there as permanent and temporary residentsWe strongly suggest putting your complaints into a type-written or computer-composed letter instead of verbally complaining to agencies.

If you think you have good cases, go right to a lawyer and ask for the free consultation. MOST lawyers have free consultations. You can even have a free consultation on the phone sometimes. Check the net and yellow pages.

Our Recommendations: If you would like our own recommendations (not a scientific study but our own personal recommendations). We can offer a list of homes and rehab centers that we approve of and offer a list of nursing homes and centers that we would never recommend. This list is only our opinion. But you are entitled to our opinion, so feel free to write to us. Contact us through the email section of this articles website. We do not work or volunteer in any nursing homes or rehab centers, but we have visited at great length in some and have shorter visits in others. A visitor's opinions are valuable when choosing nursing homes and rehabilitation centers, so feel free to write to us.

CLUE: People are under the mistaken impression that if a center is not on the LIST of worst nursing homes, then the center is good. WRONG! We have discovered that one of the worst nursing homes around is not on the LIST of the worst homes. They use illegal tactics, hide things and cover up their errors to stay off the "worst " list. So far they have been able to do that. But now, consumers, residents and families are making their own LIST of worst nursing homes and rehabilitation and care centers. Wouldn't you lik e to see the list that residents and families made?

I know for a fact that there is at least ONE rehabilitation and care center that is one of the worst going, yet this place is not on the government' s WORST list. So be careful when viewing the homes. Ask to see the ENTIRE home, all floors of the nursing home , before making a decision.

Updated May 2008

The Value of Emergency Response Systems

The fast advancement of technology has resulted in the conception of up to date equipment and exceptional methods in the area of medical rescue and management of emergency situations. One high point is the personal emergency response system.

These developments have proven to be a blessing in disguise for elderly folks and individuals afflicted with bodily ailments. It is a fact that said people are more vulnerable to accidents. Seniors and sick persons have lost much of their strength and independence making them incapable of dealing with unpredicted dangers. It is a big relief not only for powerless and elderly persons along with their families that emergency medical alert systems continue to proliferate. This means that there will be lesser trepidation that something disastrous will happen to these susceptible old men and women.

Today, senior citizens are purely one push button away from emergency assistance. The more important piece of the puzzle is to learn fundamental operations of emergency medical alert systems through instructions given by manufacturers of such equipment. Most of these modern contrivances are two-way voice units which are connected to telephone wires. When pressing conditions take place without warning, all you have to do is to depress the button linked up with the emergency monitoring unit. There is also an option of installing portable transmitters that can be placed anywhere in the house.

The personal emergency response system has been enhanced to make it more convenient and beneficial for the aged. One of the primary reasons for the refusal of elderly people to leave their residences and transfer to assisted living facilities is the anxiety that nobody will help them in case of any emergency or accident while living alone. There are also senior folks who are apprehensive about losing their sense of independent lifestyle in a retirement home. Purchasing these unique paraphernalia will help them handle these issues. Likewise, the old people become conscious that their self-worth and independent lifestyle are kept intact.

Some companies that provide such systems have collaborated with call centers which receive calls and send them to the healthcare provider. There are various procedures. One is that operators are tasked with the responsibility of assessing an actual situation and provide callers with instructions. There is also an automated response procedure or the co-called home alarm company.

Subscribers of this personal emergency response system should find out the time of coverage of the medical alert company and all details pertaining to response time and outsourcing of calls. Costs and payment terms change so this can be discussed directly with the company. These special products are now being conceptualized and produced to deal with different types of settings such as chronic sicknesses and choices of patients. The progress has been quick but technical experts are still in the middle of introducing new to make the system more responsive and useful for users. Definitely, at the start of this year, producers of these devices will have more bright ideas and innovations that will satisfy their customers.

Where Are Sign Language Interpreters Needed?

The train left the station.

The passenger next to me began a friendly conversation and ultimately asked me "In what kind of settings would a sign language interpreter be needed?". This lovely lady was unfamiliar with Deaf Culture and was just making polite conversation. I was afraid my answer sounded a bit 'flip', but I replied "Only in places where communication is needed". This led us into a discussion trying to imagine all the possible scenarios. We can start with the most familiar.

Medical Sign Language Interpreter - think about it. Visits to the Doctor, Dentist, Chiropractor, Counselor, Physical Therapist, Surgeon, Group Therapy, Urgent Care and Emergency Room...

Legal Interpreter - jury duty, serving as a defendant or witness, consultations to gain knowledge regarding rights and potential actions...

Educational Interpreter - elementary school, middle and high school, college, PTA meetings, training centers, driver's education classes, workshops, self-help seminars...

Entertainment ASL interpreter - Deaf actors, producers, directors, hearing actors needing to learn sign language, production companies needing to learn the inside scoop regarding Culture and body language, stage performances, concerts (lots of deaf people love really loud music!)...

Corporate Interpreters - deaf employees participating in meetings and conferences, conventions, collaborations with team members.

Personal Sign Language Interpreters - Weddings, funerals, class reunions, job interviews, graduations, religious services, DMV, real estate issues, investment consultations, tour groups, car buying, cosmetic surgeon (no miscommunication wanted here!)...

And the list goes on. Think about your daily / weekly / monthly life and how often clear communication is necessary. How frustrating would it be to attempt ALL of these transactions using lip reading and writing. Something as simple as ordering a Happy Meal at the Drive-thru becomes nearly impossible.

In Palm Springs, California, The Deaf Seniors Foundation is thinking ahead. Today, many seniors visit Senior Centers or live in Assisted Living and Retirement Homes across the U.S. How would you like to live in an environment where nobody understands your language? Your native language is ASL / Sign Language and you are unable to communicate with the residents you see every day. The staff expects you to read lips and write things down. Complete isolation...

Now imagine the same deaf senior in an environment where everybody can sign. Laughter and hands flying and a sense of community at a delicate time of life...

As our train arrived at the station, I wished I had kept track of the times she said "I've never thought about that".

Here's hoping that awareness is contagious as we all journey on.

How to Start an Assisted Living Business

If you are looking for an investment or a business with a guaranteed demand, look no further! The outlook for assisted living is booming. Tens of millions of baby boomers are approaching retirement age. Many of them will need medical or personal care. You could own the Real Estate or be the company that provides the service. Or combine them and get the best of both worlds.

Assisted Living for seniors combines the best of Real Estate Investments. You can operate a business needed in every city and have the security of owning Real Estate.

The increasing need for assisted living is driven by more than 55 million older Americans needing care over the next twelve years. Is that the type of demand you want for your new business?

Investing in Assisted Living is not just about real estate. When starting any new venture you need solid business data backed by extensive research, you need a solid operational manuals that help you avoid costly mistakes. We offer what you need.

Investing in Assisted Living also demands a decision about how involved you want to be in a business that requires some knowledge of both the Health Care and Hospitality Industries.

Whether you want to run an Assisted Living Business or buy one and hire a professional to operate, this kind of investment requires you to have a solid grasp of the industry.

But here's the problem. People wanting to start their own Assisted Living Business have so many barriers to overcome. First, there are many rules and regulations when working in Senior Care. It can all be so confusing. Do you register with the state or with your local government? Do you have to become certified? Is your home inspected? And, if so, who does this? It all seems so complicated and overwhelming.

Besides the legal issues, you know that you must take good care of your residents. You just don't plunk them down in front of the TV. This leads to so many more questions, such as: what should you feed your residents? What skills training are best for your facility? What do you do when you have an "incident" with a resident? How do you get referrals and how do you get paid? What are the legal issues? All this along with dealing with the "day-to-day" issues can seem overwhelming.

One more thing. There is just not much information available on how to start an Assisted Living home. What's available is expensive and incomplete. Even the expensive books and start up packets don't give you clear-cut procedures, they don't give you good advice and they don't tell you everything you must know.

Because of all of these barriers, so many people dreaming of helping others through owning an Assisted Living home just give up. They just don't start because it all seems so hard and they can't get any good information.

This doesn't have to happen to you. You can start with confidence and without anything stopping you.

Start here. Knowledge is power! Even if you have a background in Assisted Living, unless you have a background in how to start an Assisted Living Home you will need to gather good information. The best place to start is to find a mentor. Find someone that has already been successful in the Assisted Living Business; see if you can duplicate their efforts.

Business plans and operations manuals are crucial to the success of any new business but they are vital to your success as you start your new Assisted Living Home. When you are dealing with peoples very lives you must be very exact in how you operate. Take the time to get the best data you can.

If you don't have practical experience in the field take the time to get to know the business. If you plan to work in the business you will need to have a few years of hands on experience or at least a working partner who does. Regardless if at all possible volunteer your services with local nursing homes or at other Assisted Living Homes, while you may not be able to help with all the residents needs you will get a good idea of what can be expected. This will also give you the opportunity to see what works and what you would do different.

The next step is finding out what you state and local requirements are. This is where a good Mentor can save you time and money.

Once you know the State and Local requirements, you need to decide the size and type of home you want. You will need to decide if you will build, or find an existing building. At this point your business plan should be nearly complete and you will be ready to find financing.

Sixty to ninety days before you open you will want to hire and train employees, and start your marketing efforts. Again finding a Mentor or a source of information that helps you in a systematic way will be worth its weight in gold.

When accepting new residents be careful. Many people fall into the trap of taking everyone that comes through the door. You must keep in mind that you are creating a community and the first few residents will set the tone for years to come.

The Assisted Living Business while being profitable is also a way to make a difference in your community and in the lives of those people and their families who are in the sunset of their lives.

Protect Your Statement of Claim From a Motion to Strike

What if you are injured in a traffic accident or by medical negligence, with an outcome serious and irreversible? If you look to the law for relief, your first step is to file a Statement of Claim in civil court. Immediately after, the opposing counsel will very likely file a motion to strike your claim. Almost every defendant tries that avoidance tactic with vigor. Now: if a claim is unarguable in law, frivolous, or vexatious it can legitimately be struck. But if your claim is none of those, your opponent will try to strike your claim for other, more speculative reasons. Learn what those reasons are -- and arrive in the courtroom armed with knowledge to protect your claim.

In Canada, the Supreme Court set down parameters for when a Statement of Claim can, and cannot, be struck. A good way to understand this subject is to review the history of how and why the law developed in regard to striking claims. There are several major stepping stones, and each represents a mistake made by claimants in the past which the court had to rule upon. Our review starts in England, where the law of Canada had its origin.

Stage #1 In England in the 1880s, the "plain and obvious" test was codified. With that law on the books, Judges suddenly had the discretion to ensure the court was not used simply to harass parties through initiation of claims that were obviously without merit. The civil procedure we know today is forged from a century of refinements on that theme.

Stage #2 In England circa 1910, the law was revised thus: Judges had the right to stop an action if it was wantonly brought without the shadow of an excuse, when there was no doubt that the action was baseless. But this did not allow summary dismissal of a claim just because the judge in chambers thought the claim would be unsuccessful in the end. The power of halting a claim and deciding it without trial was to be very sparingly used. It was reserved only for claims which were an abuse of legal procedure. Different opinions about law, just as different readings of the facts, were to be decided at a trial. A plaintiff should not be "driven from the judgment seat" without a right to be heard, except where the cause of action was obviously and incontestably bad.

Stage #3 Canada imported the laws from England. The law on striking claims did not change much until the 1960s when the province of Ontario added: The fact that a claim might be novel was no justification for striking out the Statement of Claim. The power to strike out proceedings should be exercised with great care and reluctance.

In the 1960s the province of British Columbia added: So long as a Statement of Claim, as it stood or as it may be amended, disclosed some question fit to be tried by a judge or jury, the mere fact that the case was weak or not likely to succeed was no ground for striking it out. The complexity or novelty of the question the plaintiff wishes to bring to trial should not act as a bar to that trial taking place.

Stage #4 In 1990, the law on striking claims was unified across Canada. The Supreme Court agreed with and consistently upheld the "plain and obvious" test. How is that test applied? When a defendant files a motion to strike a claim, the Judge assumes -- just for a moment, and just for the sake of argument -- that all the facts in the Statement of Claim are proved. Given that best-case scenario, the Judge then asks, if the facts are true, would they disclose a reasonable cause of action? The word "reasonable" has a broad definition: it means a claim with "some chance of success." The plaintiff must not be driven from the judgment seat if there is a chance the claim might succeed.

Summary What you need to know and remember: Neither the length and complexity of the issues, the novelty of the cause of action, nor the potential for the defendant to present a strong defence should prevent the plaintiff from proceeding with the case. Only if the action is certain to fail because it contains a radical defect, should the relevant portions of a claim be struck. Even then, the plaintiff should be granted time to amend the Statement of Claim. Of special note: Striking out cannot be justified because a pleading reveals a difficult or important point of law. On the contrary, it may well be critical that such an action be allowed to proceed.

Assisted Living And Long Term Care Insurance

Assisted living is a nice alternative to a nursing home but can be costly. Whether you are planning for yourself or an aging parent, financial planners are stressing the importance of long term care insurance to help protect retirement savings and other assets. This insurance can also help keep you or your loved in the home.

Since nobody can predict whether you will need long-term care, and the costs could completely wipe out everything you've saved for retirement, some sort of financial protection can really give you peace of mind. Long term care insurance covers skilled, intermediate, and custodial care in nursing homes, plus home care services including nursing care, physical therapy, homemakers, and home health aides.

At the very least, you should get some quotes on the costs of long-term care insurance. Rates can vary between companies so try to get at least three quotes. And keep in mind that rates increase as you get older, so the sooner the better. Rates are also determined by your current health and the benefits you choose.

With long term health insurance, you can choose different benefit amounts based on what you might think you need. This is usually a per-day amount such as $30, $100 or $300. Of course the higher the benefit amount, the higher your premium. You can also choose a waiting period. This is the amount of time that elapses after you need long term care, to when the benefits start.

There are several ways you can get quotes. One of the most convenient ways is from the privacy of your computer. You can find different long-term care insurance companies online and request quotes. Or, you can go to an insurance comparison Web site where you enter your information once and receive several quotes back.

Take your time to review each quote, comparing costs and benefits carefully. Ask questions of the agent or company representative. Once you've found a quote you like and are ready to purchase this coverage, be sure you understand what you are buying before signing.

Duties of a Certified Nursing Assistant CNA

The duties of a certified nursing assistant (CNA) include a wide range of responsibilities depending where you work and in which state you reside. These tasks vary with the job and facility and also vary somewhat from state to state. There are many laws of responsibility and liability that cover the exact duties of a CNA.

As you go through your formal education and training you will learn more about the law of your state and how it applies to your role as a certified nursing assistant. Your first obligation will be the client or the patient. You will often be responsible for the daily management and routine of your patient. This is especially true for the care of elderly people in nursing home and extended care facilities.

Most likely your second obligation will be to carry out the mission, goals, and objectives of the facility where you are working. Many places today offer intense training and an orientation program to carefully go over the expectation of their workers.

Your third obligation will be to carry out the duties of a certified nursing assistant as you were trained and educated to do and perform. This becomes your major obligation and you will find it very rewarding and satisfying.

One of the specific responsibility of a CNA include making sure the rights of the patient are always protected. This includes the right of privacy, the right to be informed of their health care program and treatment, their right to accept or reject treatment, and the right to be included in their health care plan information.

Because nurses do not spend a lot of time in direct contact with the patient the certified nursing assistant becomes the "eyes and the ears" of the nurse. Your duties will include to keep close watch over your patient or client and be familiar with emergency responses in case of need. In most situations the duties of a certified nursing assistant also include the monitoring of vital signs for your client or patient.

Of course this will involve you taking temperature, respiration, pulse, blood pressure, and level of pain. These are common duties that you will perform everyday on all of your patients. Most likely your responsibilities will also include helping with the feeding process to ensure that patients are eating. You may also be assigned the task of bed-making, hair care, and bed-bath responsibilities.

There are many duties of a certified nursing assistant and the responsibility is enormous and challenging. The reward will also be exciting and very satisfying.

Louis Zhang, Certifiednursingassistantonline dot com

Negligence by CNAs at Nursing Homes

It is vital for a certified nursing assistant to take extreme care of patients at nursing homes, sometimes even beyond the call of duty. Often, due to negligence in patient care and delay in responsiveness, certain mishaps occur. Nursing homes along with nurse aides have to face charges for the same. When you undergo CNA training, you receive education on how to prevent accidents and avoid possible injury to patients.

Negligence is usually when a CNA fails to perform obligatory duties at the proper time. These may include failure in feeding patients leading to their malnourishment, patients' skin catching infections due to improper bathing and visibility of harsh bedsores in bed-ridden patients because of failure to turn them periodically. In addition, failure in maintaining a perfect sanitary environment also constitutes negligence.

Patients should not suffer or become ill due to negligence on the part of a certified nursing assistant. When you opt to become a CNA, your duty is to fulfill all the responsibilities regarding it. You need to appear committed and caring toward patients and be responsive to their call. You can avoid negligence in patient care by doing your work seriously with true dedication and by having a kind heart toward patients.

Inattention toward patients may harm them, causing severe damage to their health. It may also disturb their process of recovery. Moreover, it may also hamper your record of accomplishments and slow your chances of growth in the field. Nursing homes expect you to offer basic care to disabled and elderly patients and assist them in their routine activities.

Due to carelessness at nursing homes, patients' relatives may file charges against you. It may even result in your loss of job. In the worst scenario, your career as a certified nursing assistant might end with a revocation of the certificate.

Dependency on Medical Alert Systems in People With Disabilities

Medical alarms make a big difference in the lives of people living with disabilities senior citizens and those who have special needs. Medical alert systems are also known as medical alert systems or a (PERS) personal emergency response system, developed to help relay signals in case of medical emergencies. People living with disabilities or impairment require attention most of the time and sometimes it is not possible to have someone overlooking their affairs all the time. In such moments, a medical emergency can mean life or death for this person. Many senior citizens who reside alone are primarily the ones who use these gadgets along with those living with disabilities.

Components of a medical alarm system

The average medical alarm system consists of three components, which are the personal help button, the Base station unit and the monitoring center. The help button is typically a means of a wireless transmitter wristwatch or pedant and it triggered in case of emergencies. When the person activates the button, a signal transmits to the base unit that dials a predetermined number automatically, to an emergency response hub.

Risk factors

Many risk factors contribute to the need for a medical alert system. They include old age; typically, a person aged above 65 years who lives alone is at the risk of falling and breaking limbs, people who use mobility assistance gadgets like walkers air lifts wheel chairs, people who suffer from sensory loss in hearing or visually impaired or other cerebral defects require the use of medical alarms systems. If a person has more than one of the listed characteristics then they should consider using a medical alarm system for their medical security.

In the occurrence of an emergency, the last thing that the individual wants to deal with is the use of a complicated gadget. This is the reason that medical alarms designs are simple for ease of installation and use in case of emergencies. Additionally they are also faster to use than one would use a telephone, this is because people wear them around the wrist as a belt or around the neck like a necklace. Consequently, this makes them easy to access unlike using a phone.

Domestic accidents are typical and when they occur, they can be fatal. However when immediate help is available these disasters are easily avoidable. Senior citizens who also have disabilities are at a higher risk of domestic accidents. For this reason, medical alarms are invaluable in their lives.

Advantages of using medical alarms

The other major advantage and a selling point for medical alert is that the people who answer the emergency calls on the other end are trained to handle medical emergencies and offer the required help. The medical alarms providers file user information to ensure proper precautions and care in case of an emergency.

You will note that one of the reasons that senior citizens prefer to move to an assisted living facility instead of living in the comfort of their homes is that they are afraid of medical emergencies. Most of them who live alone realize that in case of an emergency, their life would be at risk. Nonetheless, others feel independent enough and they are comfortable living in their home as long as they have a medical alarm that they can use when need arises.

Features and cost

Like with all other consumer products, medical alarms also differ in their features and cost. The difference may come in because of standby power, setup time, options for payment and other minor differences. The best thing would be for a consumer to do a thorough research on the gadgets before they purchase a medical alert system.

Compensation for Car Accidents and Requirements to Be Successful During the Settlement Process

Car accidents usually occur unexpectedly, so when this unfortunate event happens, victims and their families can go through a lot of pain and needless suffering when dealing with other party or parties, the insurance companies, hospital personnel and the list goes on.

Often enough, people who happened to get in a car accident, regardless whether it is their fault or not, will be facing multiple problems along the way related to insurance claim filing and very complex legal system's procedural framework and issues which can be hard to follow or comprehend by an average person in the existing litigation system. Add to this a possibility that the victim is burdened with damages or injuries they have to endure and deal with after they contacted the police, and the need for hiring professional and well-qualified lawyer become an obvious route to take.

Finding an experienced auto accident attorney to take care of the legal complexities after an accident can greatly improve the otherwise long process of getting paid for damages or personal injuries and get medical bills compensated with adequate settlement. Professional lawyers firm will go a step further in trying to get reinstated in life and take care of things that normally do not measure in money equivalent, things like lost wages, impact on psychological well-being and emotional; health. The mere fact of knowing that someone with expertise and a lot of experience is working for you will make you feel appreciated and taken seriously, even if it involves paying extra to someone who is doing the work for you.

With a help of qualified attorney law firm, you can be reassured that every aspect of the damages as a result of the accident is taken into account and real help is provided when needed. Sometimes, insurance companies can offer accident settlement or compensation amount that people get easily lured by, but they often do not see far enough and miss the real compensation blinded by the sudden guarantee of entitlement to quick money. When these matters are discussed with the auto accident attorney representatives, every detail is scrutinized sufficiently enough to see the real benefits of analyzing every little detail with the lawyer that can help the client with getting much better of than originally thought.

Some things related to the car accident and when looking into the party's fault can suddenly come into play and considerably help the victims when a very thorough and detailed reconstruction of events takes place in the attorney's office. The lawyer will play an essential role here trying to listen to the story and guide and assist the person who is seeking legal advice to carefully approach and analyze the sequence of events and how externals factors might have influenced the rights of the victim which he might have, but does not know about them unless discussed with the support of the lawyer. Lawyer's or attorneys' previous history of working on similar cases or trying to prove the fault of another party can help tremendously in finding the perfect direction for the case to take in order to look for and receive the most deserved compensation for medical injuries or damages experienced because of someone's fault experienced as a result of the auto accident.

The Truth and Benefits of Senior Housing

If you have an elderly relative living with you, it is but natural to want to give them the best in every sense. You want to make them comfortable and ensure they are healthy and happy. This is unfortunately, not a practicality of life. We are not always able to give the kind of time and attention that the elderly require. Additionally, the health of the senior member may also be delicate, and you may not be equipped to cater to their needs on your own.

Most homes today are not friendly enough for senior citizens. Major modifications and additions are required to enable the surroundings to be convenient and accessible to them. In light of these constraints, senior housing has become a more viable option today.

Senior housing enables members to live a comfortable, secure life with dignity. Most people save some money, or set aside a portion of their savings to be able to care for themselves in the later years without being dependent on their family. This comes handy when they need to relocate to senior housing facilities.

Senior housing takes into consideration all the specific needs, requirements and constraints related to living seniors. The houses are all at one level and need no climbing. They are safe places with no breakables around them, and even have the provision of allowing free movement in wheelchairs. The beds are designed such that getting into and out of them is easy, and the flooring and bathrooms are also specially tailored to suit the needs of seniors.

More than the houses themselves are the services. There is experienced medical assistance at hand all the time. Recreational and rehabilitating services are also available routinely. The elderly are in the company of others in a similar phase of life, and enjoy the company of peers for large parts of the day. There is less likelihood of boredom or loneliness creeping in. Most importantly, senior housing enables people to feel more independent and gives them a sense of worth and keeps their self esteem intact.

Senior housing allows residents to be as active as they want to, or need to be. There is a separate dining area where residents can meet for meals. Meals can also be reached to homes where residents are unable or unwilling to get out. There are small shopping areas within the housing facility where provisions and small necessities may be bought. This allows some walking and physical activity for the seniors. There are usually some cultural, social and recreational events which are organised regularly to keep them entertained and stimulated. There are usually some open spaces and gardens which are refreshing, and make good meeting places in the evening.

The life that we make for ourselves is how we are remembered. The elder years are often very difficult, especially if you are single and have spent several years married to your spouse. Senior living is a chance at being yourself in the company of other people who are in a place quite similar to yours. Being happy rests in your hands.

Assisted Living Jobs - Search Jobs Local or Nationwide

Assisted living jobs are a growing choice of employment for many people. This type of job can comprise of many things, and all of them are related to the maintaining the health and well-being of those who are living in an assisted living facility. The most common facilities are homes for the elderly or disabled, who are unable to live on their own and require assistance. It will depend upon the facility as to whether this is assistance in the form of light hospital care, round-the-clock surveillance, or general help with everyday activities, or an even mixture of the above!

There are many different types of jobs available at a community based living facility, and each facility has its own rules and regulations about who may apply for each job, and what each job entails. It all depends on the employer!

A common assistances job is janitorial work, which is maintaining general cleanliness in the facility, in the bedrooms and common living rooms of the facility, and also being on hand to clean up any accidents or messes. Another type of common job is a cook. Someone cooking at an assisting living facility should be prepared to handle large quantities of food, and be able to cook under specific guidelines and regulations. Some people living at the facility may have allergies, dietary requirements, or other special dietary needs that a cook will need to remember.

Nursing and medical assisting is another common type of employment at such a living facility. A person wishing to be employed as a full-fledged nurse at any living facility should have a nursing degree of some kind. A nurse at a facility may handle many patient's medications and perform general health related functions, including responding to emergencies or other medical complaints. Another option is to work as a medical assistant at a community based living facility. In some states, people may work as medical assistants without any sort of certification or schooling, but most employers will prefer hiring someone with a degree or certificate. They will also prefer hiring someone with experience dealing with the elderly or disabled.

Some jobs in this field are less "hands on" than others. Managers and coordinators of such living facilities are people who coordinate activities, rooming assignments, and the day to day business practices of an assisted living facility. This job will often pay more than the work of an assistant or janitor, but will require an aptitude for organization, planning, and high interpersonal skills.

Depending on the area, assistant jobs may be in high demand. Some jobs pay minimum wage, while others, such as nurses, will pay more. These types of jobs are hard work, and many employees consider the good deed of caring for other's more of a reward than the paycheck. The job outlook is good. As the current generation grows older, they may be unable to care for their elderly relatives, and might turn to assisted living facilities.

Do I Need to Do an LPN Refresher Course?

If you have been out of the work place for a while it is a good idea to do an LPN Refresher Course so that you can re-activate your license, and many employers will insist on it. You can find an LPN refresher course online so that you can prepare for your re-entry into the working world whilst still doing what you need to do at home, such as rearing and looking after up your toddlers.

The LPN Refresher Course provides a review of medical surgical nursing, the legal and ethical aspects of the practical nursing practice and pharmacology. The courses are divided into two sections, consisting of seventy hours of theory and thirty hours of clinical practice. Students need to complete the theoretical portion of the course before being allowed to go on to the practical clinical portion, which needs to be completed under supervision in an approved healthcare facility. You can usually make arrangements with a local nursing home or hospital in your area to do the clinical rotation.

It is usually a good idea to do the clinical rotation of your LPN Refresher Course at the facility at which you wish to practice, if possible as it gives you time to get familiar with the facility and also gives the facility a good idea of who you are and how you work, which could be beneficial to your chances of getting employed there. Most hospitals and nursing homes will only too gladly take on those busy with their LPN refresher course online as they can usually do with any extra help.

Make sure that when you choose to do an LPN Refresher Course you choose a course that is approved by the state board of nursing in the state where you wish to practice. Some states also require you to produce CPR certification in order to regain your license, so make sure of the requirements in the state where you want to work. In most cases you will need to provide proof of professional liability insurance, proof of current immunization, your current nursing license or proof that you are in the process of the reinstatement of your license and you may have to submit to a background check and drug screening. You may be required to pay for the drug screening and background check.

The theory portion of the LPN Refresher Course generally consists of five modules: Adult Health Nursing, Mental Health and Aging, Nursing Concepts, Nursing Interventions and Nursing Skills. Each module will focus on a few different cases to enable you to gain a practical overview of the concept. You will have to do an assessment test at the end of each module. Once you have completed the five modules of the theoretical portion of the refresher course you will need to complete ht clinical portion to get hands-on experience. The amount of hours that is required for this portion of the course differs slightly but is generally in the region of one hundred and twenty hours. Once you have successfully completed the refresher course you will need to complete a 200-question multiple choice final examination.

Nursing Employment - Fundamental Steps on Your Path to Success As a Nurse

So you have decided to become a nurse--or maybe you have had exposure, but you want to expand your horizons in the field. It is an undeniable fact that the 21st-century is the best time in history to become a nurse. Nurses have been in very high demand for years, and the trend will continue indefinitely. Think of it this way: the law of supply and demand dictates that the more demand there is, and the lower supply that exists-the higher that the price will be. Simply said, nurses receive top pay in the healthcare field as well as the overall U.S. job market. Not a believer? Check out the Bureau of Labor's web site and compare numbers.

If you are a newcomer to the field, getting your college/vocational education is paramount. Usually, students apply for and receive jobs such as nursing assistants-which generally only require about a year of college and a certification. The certification is on that comes from a school specializing in nursing and/or general healthcare and that has been certified by either the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or the Accrediting Bureau of Health Education Schools (ABHES).

Once you are graduated and acclimated to the medical assistant's job, continue your career with the LPN, or Licensed Practical Nurse. Before you are awarded with a LPN, or LVN in some states, you must complete from one to two years of a community, junior or vocational college that is state-approved. From there, complete the NCLEX-PN exam and you have a LPN license under your belt and as gold on your resume.

To the Top, Good Sir

For those individuals who would like to become fully-fledged Registered-Nurses (RN), even more lucrative opportunities await you. Obtain Bachelor's degree from an accredited college (usually, for nurses, is a Bachelor of Science) and continue studying for your next license. The NCLEX-RN is a nationally required license for all U.S. nurses. This test will examine your core competencies and knowledge of all aspects of patients' healthcare.

As you browse online for nursing jobs, you will immediately notice that there are no shortages of nursing jobs available-not by the farthest stretch of the imagination! Many of them require all the licensing, in addition to a set number of years of experience; however, if you are a bright, motivated individual who knows his or her field, much of the experienced is required is sometimes waived. It all comes back to the supply and demand scenario.

Incomparable Benefits

Benefits for registered nurses (usually LPN's as well) generally include 401K accounts with full-employer matching, full health coverage as well as dental and tuition reimbursement. Salaries are very competitive with LPN's starting around 30K a year and topping out at an average of almost 50-thousand dollars-it varies widely from state to state. RN's can expect to earn a minimum of 45-thousand. As for the maximum, consider this: the national average for registered nurses (2010) is $74,000. That alone should be a very good indicator of the possibilities with nursing.

Aging Population Driving Physical Therapy Jobs

In San Benito, California a developer is currently poised to spend millions of dollars to purchase a fan abandoned hospital and completely renovate the building into a new medical facility geared toward the aging population in that area. In Rochester New York, two hospitals have constructed assisted living facilities specifically for the elderly within the last several years; a couple of more are in the works as well. It is a story that is being played out in both large and small cities around the country as our population continues to age.

With the aging population and industry adaptations designed to accommodate it, physical-therapist jobs are becoming more and more plentiful. While the aging population certainly needs all types of medical professionals, physical therapists are a vital part in helping our seniors live as normal and productive a life as possible. The result is a long list of nursing homes, assisted living centers, and even private practices searching to fill vacant physiotherapy jobs.

Physical Therapy Makes a Better Life

There is plenty of anecdotal evidence suggesting that physical therapy makes a better life for those who need it. One example is a St. Louis area mail carrier who suffered two strokes in a very short amount of time. After receiving the proper medical care, this dynamic middle-aged mother was sent to a nursing facility in order to begin her physical therapy. After what seemed like an eternity to her, she walked out of that facility and back to her mail route.

There are other stories, too. Stories of car accident victims who underwent physiotherapy to regain use of damaged limbs. Others who needed help recovering from surgery or a debilitating illness. Still others who were born with physical deformities that could only be overcome with the help of physical-therapies. The point is that although an aging population is certainly contributing to an increased need for physical therapists, the need still exists among all ages and demographic groups.

A Bright Future

Statistics regarding the medical field, and physiotherapist jobs specifically, show a bright future for those who are employed in this field. Among all medical workers, physical therapists routinely report some of the highest levels of job satisfaction and career fulfillment. More than just the financial rewards, physical therapists note a real and tangible method of their own success by how well their patients respond to treatment. At the end of the day having helped someone make a better life through physical therapy is the greatest reward the job can offer.

Statistics also indicate that physical-therapy-jobs will be plentiful at least for the next several years. And with a population that continues to live longer with each passing year, it doesn't appear as though the demand will be slowing down anytime soon. Jobs will be available in hospitals, public clinics, nursing homes, assisted living communities, schools, private practices, and so on. And they will be available in major cities and rural areas - and everywhere in between.