Gov. Brown vetoes bill aimed at adult day care

On Monday, July 25th, Governor Brown vetoed AB 96, which would have directed the Department of Health Care Services to develop the Keeping Adults Free from Institutions program.  The legislation was vetoed despite the efforts of multiple consumer groups and countless calls from their volunteer advocates.

In his veto message, Governor Brown said the goal of his administration is to “ensure that needed medical services and home and community-based services are available” and to ensure a smooth transition to other services.

Assembly Member Mariko Yamada, chair of the Assembly Committee on Aging and Long-Term Care, called the decision “both disappointing and incomprehensible; especially from someone who is himself a member of the senior community.”

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Filial responsibility laws and you

Recently, I read a post on Aging Care ( where I like to go interact with other caregivers)   by one of their writers who is a lawyer specializing in elder care. One of the posters asked a question about being held responsible for their parents’ nursing bills. The lawyer mentioned filial responsibility as a factor in recent lawsuits from nursing homes in Pennsylvania that sued family members for their parents’ nursing home bills. It got me thinking about the nursing dispute problem I had awhile back regarding our mom’s nursing bill and I thought I’d raise this issue here for your information as well as raising awareness of this possible problem for people as the population ages.

What is Filial Responsibility?

There are statutes in 30 states currently,  that establish a duty for adult children to care for their indigent elderly parents. These laws are rarely enforced because A. not many people know about them. B. Federal Law prohibits states from determining the financial responsibility of the individual for medicaid and other government aid.

History of Filial Responsibility

How did this come to pass? The U.S. derived these statutes from England’s  Elizabethan Poor Relief Act of 1601. This required the “father and grandfather and the mother and grandmother, and the children of every poor, blind, lame, and impotent person” to support that individual to the extent they were able.  This changed as society evolved and government options became available within the last century. In recent times, a woman was sued for over $300,000 for her mother’s nursing bills. She, with a middle-class income obviously could not afford to sustain that kind of cost. The case was essentially settled out of court.

Defenses Against Filial Responsibility

  • Anyone who was abandoned by their parent for 10 years as a minor.
  • The claim is higher than a certain percentage of the child’s income

People are shocked to find that they are a target of a medical bill because most people assume that government programs such as Medicare and Medicaid will take care of these bills. We, are one of those people. We were not given clear information by the director of the nursing facility that Medicare would stop paying after 30 days. Had we known at the time, we would have removed our mom immediately from the facility to get her care at home. 

If  a medical provider files a claim and it is rejected, or they don’t file it in time, they can go looking for others to reap the costs. The case about the woman could have been handled if a Medicaid application had been filed properly and pending no gifting issues. The government would have picked up the tab. 

Easier said than done

The federal deficit reduction act of 2006 has made it difficult for people to claim medicaid. Some parents, like ours unfortunately, didn’t plan correctly for long-term care in case they get sick.  I know my dad didn’t expect any of this to happen. Most people don’t even know how to properly plan for long-term care. Just ask around, and you’ll find that if they are confronted with issues like these they are always surprised or everything was planned last minute. Parents might also refuse to or forget to appoint one of their children with a Power of Attorney, then when crises occur the banks won’t release information without a court order usually in the form of conservatorship.

Is it Legal?

This is the question I posed for the attorney on Aging Care, but still haven’t heard  back from.  However, another attorney mentioned something about this possibly violating federal law, in particular, the Nursing Reform Act of 1987.

A nursing home cannot require a co-signature of a financially responsible party guaranteeing payment to the nursing home as a mandatory condition for a resident’s admission. It is unfair and deceptive for a nursing home to assert or give the impression that it has the right to require a third-party co-signer for a nursing home resident’s charges.

Now I’m not a lawyer, but I’m sure there can be case for this especially if someone decides to appeal to a higher court. In fact, when I contacted the Ombudsman office of San Diego about our situation (our bill was way lower than the case in question), they told me we weren’t responsible. So this one’s still up in the air as far as I’m concerned. If you’re in a similar predicament, it’s probably worth it to first try to get your parents approved for Medicaid to avoid ANY legal hassles, and if not, hire a lawyer and bring up the reform act as a possible defense. It might be worth a shot!



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The Continuing Retirement Community—the not so easy convenience of one-stop retirement

The Man Fut Tong Nursing Home in Singapore was...
Image via Wikipedia

by Rose Broyles

Continuing retirement communities are meant to make the transition easier for seniors who want to keep their independence, yet have the safety and security of knowing that if they need help in the future it is readily available.  It’s a one-stop-shop. You move there and live the rest of your days there.

Most of the time, only those with a sufficient amount of assets can move into these type of communities. After all, we all know how expensive long-term care can be. However, even those who can afford to move to these type of communities aren’t guaranteed 100% worry-free care.

The Stages

  • Mom and Dad decide that the house too big, the children and grand-children live too far and they want something different so they move to ABC Retirement Community.

  • They live in a single-story bungalow half the size of their former house. It is equipped with emergency cords to pull, weekly housekeeping, their own garage, and golf down the way. There is a huge dining hall where they can enjoy all of their meals in the company of friends and other neighbors. They also have the option of staying home and dining in.  In the community center, there are a calendar of events and classes that they can take: salsa, yoga for seniors, arts and crafts, chess, news and events discussion.

  • Mom or Dad start to find it difficult to get things done. They become forgetful, start having “accidents” and have problems toileting. They might start to wander off, or Mom breaks her hip and is unable to leave the house. They move to assisted living so that the caregivers there can keep a closer watch on Mom. Dad doesn’t really need to be there, but he doesn’t want to be separated from her. For about the same cost or a little more for what they were paying for the single-story house, they are now both living in a 1-bedroom condo on-campus.

  • Mom starts to get worse and it is determined that she has been diagnosed with Parkinson’s and Alzheimers.  The staff determines that she needs to be moved into the locked Alzheimer’s wing on the other side of the building for her safety and for the residents. Dad can go visit her still but they will no longer be in the same room. They still have activities for them to do together in her part of the wing. Dad can also do his own activities on his side.

  • Mom is no longer able to walk and is not eating, so she moves to skilled nursing on the other side of campus where she is given IV fluids to sustain her health. Dad is left behind in assisted living. With the assistance of staff, he takes the campus shuttle to go visit her every couple of days because he is having a hard time getting around as much.

Now this is a fictional scenario, but one typical of what it would be like to live in a  continuing retirement community. Mom and Dad may live the rest of their days in the house they started off with when moving there, or any of the above-mentioned events can occur. However, instead of a dramatic and costly move, everything was paid in advance to prepare for the possible scenarios. Residents pay a down payment and as more services are needed, they just simply pay the higher fee instead of starting all over again.

Downfalls of transition

Given what I described above, you would think that things run smoothly. Unfortunately, (and this depends on how big the community is) things aren’t so cut and dry. For instance, Josie’s mother-in-law lives in one of these communities. The campus is  very large like that of a small university. There is a gate guard in front, apartments, assisted living, single-story houses, a hospital and community center with golf nearby. It’s a place a younger person wouldn’t mind living in. But that is where the downfall is: the size.

Her mother-in-law recently started wandering off and becoming forgetful. She lives by herself in the house she shared with her husband who passed away 3 years ago. With limited staff and I’m assuming what would be a costly move, there is no way that a community of that size can keep an eye on all of their independent residents. How could they determine when it was time for those residents to transition to the next step? Realistically, they can’t and that’s the problem. So what do you do? You can hire an independent geriatric manager to handle all of their affairs. You can hire someone to do a wellness check or pay extra for the facility. If money is a problem then you will have to make sure to keep an eye on things. What was the point of them moving then if you end up having to handle everything anyway? I know it can be frustrating, but unless the community is extremely well staffed and organized, it’s a fact of life.  Hopefully, you and your parents discuss plans for different transitions in life and you’ll be ready to spring into action once something happens no matter if they are at home or at a retirement community.

For more information, read our free-guide to housing located on the menu on the right to find out more about different housing options.

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