April 22, 2009
/24-7PressRelease/ -- Dangers of Assisted Living Facilities in Arizona
Article provided by Knapp & Roberts. Please visit our Web site at
www.krattorneysmalpractice.com
As more Americans are aging, assisted living centers have become a popular option for loved ones who cannot live alone, yet do not need twenty four hour nursing home care. As a result, more assisted living facilities have opened to meet the rising need. As the number of assisted living centers has grown so have the number of concerns regarding these facilities. There are problems in the way assisted care centers are licensed and how residents are cared for once living in these facilities. As a result, residents have been mistreated, injured and in some cases died.
Some glaring concerns within the assisted care industry are that they have very little state regulation, improper supervision by administration, poorly prepared (or no) service plans for resident care, errors in dispensing medication to residents, untrained and unqualified staff members and others. If you or a loved one currently resides in an assisted care facility, or may in the future, it is important to be aware of the possible dangers associated with such a facility and learn how to protect against them.
Problems with Assisted Care Facilities
- People often believe, or are led to believe, that an assisted living center is a good alternative to a nursing home. They are intended to be short term and are not equipped to take care of persons who are frail or in poor health.
- Assisted living facilities are expensive and often have hidden fees. Extra costs are charged for special needs on top of the monthly bill. Additionally, Medicare and Medicaid do not cover assisted living costs in most states, as they do nursing homes. In Arizona, a Medicaid waiver covers some services in assisted living facilities.
In many cases, once a resident requires care beyond what an assisted living facility can provide, loved ones are asked to hire outside help in order to remain at that facility. The alternative is moving to a nursing home or family care.
- Staff members at assisted care facilities often receive little or no training. There are generally no certified nursing assistants (CNAs) or nurses on staff. Employees are often unskilled workers receiving minimum wage and are not qualified to deal with medical emergencies or residents who require extra care. Many staff members are foreign and do not speak the language of the residents and are unable to read and understand the residents' service plans. Facilities are also often understaffed and cannot meet the needs of residents, which creates a lack in care and safety.
- Assisted living centers have no federal regulation and very little state regulation. As a result, residents have no special rights or protections, as they would in a nursing home. Assisted living facilities are often not held accountable for abused, neglected or mistreated residents.
There are also few regulations for opening an assisted care center. Requirements for obtaining a license are minimal and the facility may vary in size. In Arizona, a common practice, in recent years, is an individual buying a residential home that can accommodate a small number of people and obtaining an assisted living facility license. It is just that easy.
Importance of a Service Plan
A service plan is the key to keeping an individual safe. The service plan sets forth the resident's needs and details how the caregiver should be meeting those needs. For example, if the resident has dementia, the service plan should describe the steps the caregiver will take to protect that person from hurting him or herself. The service plan is the roadmap for an individual's care, and if it is not updated regularly or prepared correctly, problems arise. Developing the service plan that is comprehensive takes time and there needs to be input from the family, the assisted living facility staff as well as a registered nurse. Most assisted living homes drop the ball in this area, which is a recipe for disaster. The service plan must be comprehensive and properly prepared so that the staff know how to care for the resident and keep him or her safe and comfortable.
Arizona requires a resident's service plan to begin as soon as the resident moves into the assisted care facility, and the plan must be completed within 14 days. The plan must be updated periodically, depending on the facilities level of licensed care, and must be updated whenever there is a change in a resident's needs or condition. The requirements are as follows: three months for a direct care facility, six months for a personal care facility and annually for a supervisory care facility.
Arizona Assisted Living Regulations
Licensing of assisted living facilities in Arizona is based on the size of the facility and the type of care/level of care provided. This will determine if the license is for an assisted living home, assisted living center or adult foster care and whether the services the facility must be equipped to provide are supervisory, personal or directed care. Depending on the type of facility and level of care, the Arizona regulations include specific requirements and standards that the licensee (facility owner) must abide by, including staffing a qualified manager; reporting any abuse, neglect or exploitation to law enforcement authorities; not providing services beyond the bounds of the facility license; employing qualified staff members; making sure staff members receive the required training; upholding resident's rights; and other conditions listed in the Arizona regulations.
Please seek the assistance of the Arizona Department of Health Services to learn more about Arizona's assisted living regulations and what rights, conditions and requirements are included. If you believe your loved one has suffered a premature death, been injured or had his or her rights violated while residing in an assisted living facility, it is important to consult with an attorney in your area. Feel free to speak with an attorney at our law firm, Knapp & Roberts, as we will be happy to answer your questions and assist you in protecting your rights or the rights of a loved one.
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