Using Consumer Law to Protect Long-Term Care Facility Residents
Finding affordable, quality long-term care is one of the most critical problems
faced by seniors, their families, and caretakers. Because the search for quality
care usually occurs during times of crisis, it is extremely difficult for seniors
and their caretakers to assert their rights. The balance of power favors the nursing
facility. All too often, facilities take advantage of the situation, preying on
vulnerable residents. Consumer law remedies are critical in challenging instances
of neglect and other blatant violations of federal and state laws.
Problems arise not only in nursing facilities, but also in assisted living facilities
and continuing care retirement communities. Recognizing the importance of empowering
long-term care consumers and their caretakers, in April 2000, NCLC released a
publication, When
You Can’t Go Home Again: Using Consumer Law to Protect Nursing Facility
Residents. The publication focuses on ways in which advocates can use consumer
law remedies to challenge nursing and assisted living facility abuses.
Many seniors advocates, although well versed in Medicare and Medicaid regulations
and nursing facility discharge procedures, are less familiar with consumer law
remedies. In particular, the publication details how state unfair and deceptive
acts and practices statutes can be used to challenge facility practices such as
overbilling, unfair contract provisions, and resident neglect.
and NCLC