Thursday, October 8, 2020

Pa. Supreme Court develops guidance for guardianship cases

HARRISBURG — In an effort to help judges navigate the complex issues involved in guardianship cases, the Pennsylvania Supreme Court’s Advisory Council on Elder Justice in the Courts has published the first edition of the Pennsylvania Guardianship Bench Book.

“Guardianship is a critical legal tool to assist persons with diminished capacity or persons with a disability in managing their affairs. Determinations of whether a guardianship is appropriate, or how to arrive at the least restrictive form of guardianship, involves the striking of a balance between protection and autonomy, and has always been a challenging inquiry,” said Pennsylvania Supreme Court Justice Debra Todd.

Serving as a valuable resource for Pennsylvania’s Orphans’ Court judges, the bench book reflects the accumulated wisdom of judges and practitioners who focus on guardianships. It is a comprehensive reference guide that outlines the laws pertaining to guardianships, offers alternatives to guardianships and provides guidance on how to identify and appoint guardians.

Resources such as this bench book supplement the numerous continuing education programs that the Pennsylvania Supreme Court requires all Pennsylvania jurists to complete each year.

 
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Nessel urges house to adopt legislation to strengthen elder abuse protections


LANSING, Mich. (WLNS)  – Attorney General Dana Nessel issued the following statement after the Michigan Senate on Thursday overwhelmingly passed Senate Bill 77, which addresses nursing home residents and their use of electronic monitoring. 

“Protecting the rights of Michigan’s senior population is one of my most important responsibilities as Attorney General. With Thursday’s passage of Senate Bill 77, our state is taking a giant leap forward in promoting the health and welfare of those who reside in nursing homes. Permitting the voluntary use of monitoring devices in these facilities will serve as a powerful deterrent against elder abuse and may provide law enforcement with the concrete evidence we need to secure a conviction if or when any abuse takes place. I am encouraged to see the Senate pass this important bill in such an overwhelming, bipartisan manner and am hopeful the House of Representatives will act quickly to pass this bill before the end of session.”

To view a copy of the bill and track its progress, visit the Michigan Legislature’s website and search for it by bill number.

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Auburn police arrest woman on charge of financial exploitation of elderly person

Auburn police arrest woman on charge of financial exploitation of elderly person (Source: City of Auburn)

By Olivia Gunn

AUBURN, Ala. (WTVM) - Auburn police arrested a Dadeville woman on a warrant charging her with first-degree financial exploitation of an elderly person.

Michelle Harrelson Cosper, 56, was arrested Friday, October 2. Her arrest stems from a criminal complaint that began in July 2020.

According to Auburn police, officers received a report that involved the misuse of funds belonging to a victim over 60 years old. Police say Cosper was identified as a suspect and was arrested and charged after further investigation.

Cosper was transported to the Lee County Jail where she was held on a $7,500 bond. Auburn police say additional charges are possible and the case remains under investigation.

 
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Wednesday, October 7, 2020

Grandson Of The Late Walt Disney, Bradford Lund, Alleges Conduct Of Former Opposing Lawyer Was Like "Noxious Chemicals," In Arizona Litigation Filed Against Bryan Murphy

LUND ALLEGES ATTORNEY INFILTRATED LUND'S PRIVILEGED DOCUMENTS AND GAINED A TACTICAL ADVANTAGE IN THE CASE UNTIL HE WAS REMOVED BY COURT ORDER

Bradford Lund

PHOENIX, Oct. 5, 2020 /PRNewswire/ -- Bradford Lund, grandson of the late Walt Disney, recently, through his counsel, participated in oral argument to the Arizona Appellate Court following briefing where he is seeking to overturn the dismissal of a lawsuit against Arizona attorney Bryan Murphy, and his firm. Lund's lawyer argued that Murphy should not be allowed to escape liability on a "statute of limitations" argument that didn't apply to this case.  

Rather, Lund likened the harm caused by Murphy to pollution cases, trespass cases, and domestic violence cases which are often defined as "continuing torts" and cannot be subject to a statute of limitations argument to save the wrongdoer, until the harm itself is finally abated.   Thus, Lund argued, the statute of limitations did not begin to run until Murphy and his firm were finally removed from the case. 

Lund alleged in his December 2016 lawsuit that attorney Murphy and his law firm of Burch & Cracchiolo, which represented Lund's estranged relatives in an ultimately failed guardianship/conservatorship case, committed "abuse of [judicial] process" due to Murphy's  improper possession, disclosure, and utilization of Lund's confidential and "privileged" legal file which was delivered to him in error by Lund's former estate planning firm.  

Upon discovery of the privileged material, instead of merely returning the file back unexamined, or destroying the copy, an action that Lund alleged was his duty, Lund's filing, in a brief to the Arizona Court of Appeals, describes what happened next:

"[I]n an atmosphere of scorched-earth killer litigation, even after being advised by Mr. Lund's then counsel that the file should not have been disclosed to him, [Murphy] refused to destroy or return the file as requested. Instead, [Murphy] almost immediately examined every page, disclosed it to key participants of the litigation including the guardian ad litem, court appointed investigator, and multiple others. [Murphy] also went on to make notes about intimate confidential portions of the file. Armed with this improper information which he never should have even set eyes upon, [Murphy] remained as adversarial counsel in Mr. Lund's highly acrimonious case. – Lund Opening Brief, pages 1-2 (Emph. added).

Murphy was subsequently disciplined in the form of an "admonishment" for this same conduct.  Lund alleges it took years of legal wrangling and challenges by Murphy and his firm before the trial judge finally granted Lund's demand for disqualification of them, and, in so doing, found in pertinent part:

"…if disqualification is denied, [Lund] will be in litigation against an adversary who is armed with the knowledge of the advice that his own prior counsel gave to him. Litigating against a party who possesses such an advantage is antithetical to the values of an adversary system. While the burdens placed on Petitioners would be, in the final analysis, only financial, quantifiable, and their choice to bear, the burdens faced by Mr. Lund would be those of a system failure, incalculable, and beyond his ability to fully know." – Disqualification Ruling by Judge Bassett, page 5. (Emph. added).

Lund's filings compare Murphy's actions to "noxious pollution spewing through the air," meaning that the pollution continues and thus no "statute of limitations" is applicable until the "pollution" itself is abated. The brief on appeal stated: "The poisonous 'tactical advantage' of [Murphy] continued…until the fatal wound to justice was finally abated by the removal of [Murphy and his firm] as lawyers in the case." Indeed, in arguing for his day in court, Mr. Lund alleges that damages to him continue to this day and will be proven to be "irreparable" at a jury trial.

Contact: Alex Lange
ALange@tridentdmg.com 
(202) 480-4309 

SOURCE Lanny Davis

 
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COVID-19: Advocating for Nursing Home Residents - October 2

 
Source:
 

Nursing homes and assisted living facilities: Federal scrutiny expected to continue

Attorneys Margaret E. Daum, Kristina Arianina and Callan Smith
While COVID-19 infections are widespread, the virus disproportionately affects the nation’s most vulnerable populations, including seniors. According to an updated estimate from two healthcare experts, 45% of U.S. COVID-19 deaths have occurred in nursing homes and assisted living facilities. 

Congress and the Trump administration have already provided funding and resources to nursing homes and long-term care facilities throughout the crisis, notably through the Coronavirus Aid, Relief, and Economic Security (CARES) Act [P.L. 116-136]. Given the disproportionate impact of the virus on the residents and staff of nursing homes and assisted living facilities, nursing homes and assisted living facilities should expect federal legislative and oversight activity to continue to be a priority throughout the remainder of this year and the next.

Ongoing federal legislative activity

Members on both sides of the aisle and in both chambers of Congress have introduced legislation focused on COVID-19 testing, transparency requirements, and reporting related to nursing homes and assisted living facilities.

For example, H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act — that passed the House of Representatives on May 15, 2020 — would provide $150 million for CMS to establish and implement Nursing Strike Teams. The funding would be allocated to states, and Nursing Strike Teams would deploy to SNFs and nursing facilities (NFs) within 72 hours of three residents or employees being diagnosed with or suspected of having COVID-19. 

S. 3758, the Nursing Home COVID-19 Protection and Prevention Act of 2020, introduced by Sen. Robert Casey (D-PA), has received bipartisan support. The bill would provide funds for states to support grouping individuals based on COVID-19 status. The bill would also require CMS to issue related guidance to outline which facilities would be permitted to group individuals and strategies for effective implementation, and provide detailed information regarding cases to residents, families, and specified government agencies. The House companion, H.R. 6972, was introduced by House Committee on Energy and Commerce Subcommittee on Health Chair Anna Eshoo (D-CA). 

H.R. 6998, Quality Care for Nursing Home Residents and Workers During COVID-19 Act of 2020, introduced by Janice Schakowsky (D-IL), has also received strong support. The bill would modify several requirements related to quality of care, worker safety, and transparency for SNFs and NFs during the public health emergency. The bill would also require CMS to distribute funds to allow states to establish strike teams that may be deployed to SNFs and NFs within 72 hours of three or more COVID-19 diagnoses. The Senate companion, S. 3644, was introduced by Sen. Cory Booker (D-NJ). 

Senate Finance Committee Chairman Charles Grassley (R-IA) also introduced a bill to support nursing homes during the public health emergency titled S. 4182, the Emergency Support for Nursing Homes and Elder Justice Reform Act of 2020. The bill would provide nursing homes with resources to respond to the COVID-19 emergency to protect the health and safety of residents and workers, and it would reauthorize funding for programs under the Elder Justice Act of 2009. 

Ongoing oversight and investigations

In addition to funding and legislation, members of Congress are conducting oversight of nursing homes and assisted living facilities. These activities are joined by new reviews initiated by the Department of Justice (DOJ) and the Department of Health & Human Services (HHS) Office of Inspector General (OIG).  These efforts include:

  • The House Committee on Ways and Means, House Committee on Energy and Commerce, Senate Committee on Finance, and Senate Special Committee on Aging have questioned how actions taken by the Administration and the facilities themselves have caused the deaths of nursing home residents and staff.   
  • Senate Committee on Finance Chairman Chuck Grassley (R-IA) and House Committee on Energy and Commerce Ranking Member Greg Walden (R-OR) sent a letter in June to the HHS OIG requesting an investigation into whether five states—California, Michigan, New Jersey, New York and Pennsylvania—violated federal guidance and pressured nursing homes to accept patients who tested positive for COVID-19. 
  • Senators Chuck Grassley (R-IA) and Ron Wyden (D-OR) wrote to the HHS OIG in June requesting that the OIG look into reports that nursing home residents across the country were instructed to hand over their Economic Impact Payments (EIPs) to the nursing home or assisted living facility in which they reside. House Committee on Energy and Commerce Chairman Frank Pallone (D-NJ) and House Committee on Ways and Means Chairman Richard Neal have also raised concerns in June about nursing homes seizing residents’ EIPs. 
  • In June, the Select Subcommittee on the Coronavirus Crisis sent letters to CMS and to the nation’s five largest for-profit nursing home companies, asking for detailed information regarding expenditures of coronavirus relief funds. After learning that one recipient, Ensign Group, had not spent the more than $100 million they received, Subcommittee Chairman Clyburn urged Ensign Group to spend the money for lawful purposes or return it. On August 5, Ensign Group reported that it had returned the funds.
  • In July, Senator Elizabeth Warren (D-MA) and three other senators wrote a letter to CDC Director Redfield and CMS Administrator Verma, urging them to begin collecting and releasing demographic data on residents and workers of nursing homes who are diagnosed with COVID-19.

Democrats in Congress have also used the nursing home crisis to highlight the perceived mistakes of the Trump Administration. Sens. Bob Casey (D-PA), Gary Peters (D-MI), and Ron Wyden (D-OR) released a report detailing how the Trump Administration’s response to the COVID-19 pandemic contributed to the spread of the virus in nursing homes. Additionally, Sens. Elizabeth Warren (D-MA), Ed Markey (D-MA), and House Committee on Oversight and Reform Chairwoman Carolyn Maloney (D-NY) released a report on COVID-19 in Assisted Living Facilities, which found that assisted living facilities have many of the same problems as nursing homes in regards to COVID-19, but are receiving no help from the federal government. 

Additionally, in March, DOJ launched a National Nursing Home Initiative to pursue civil and criminal actions against nursing homes that provide grossly substandard care to their residents. By March, DOJ had initiated investigations into approximately 30 nursing facilities as part of this effort. In August, DOJ requested COVID-19 data from the governors of New York, New Jersey, Pennsylvania, and Michigan, citing orders that required nursing homes to admit COVID-19 patients. 

The HHS OIG has announced multiple oversight activities related to nursing homes, including: (1) an audit of selected nursing homes to determine whether they have sufficient programs for infection prevention and control and emergency preparedness; (2) an audit of nursing homes’ reporting of information related to COVID-19; (3) a nation-wide, two part study to examine how nursing homes have met the challenges of COVID-19; and (4) a review of oversight by State Survey Agencies and the federal government during the pandemic.

Looking ahead

With the election nearly two months away and a potential second wave of the virus coming soon, it is likely the spotlight will remain on nursing homes and how they are faring during the pandemic. Both parties will continue to advocate for increased nursing home oversight, transparency, testing, and reporting, and oversight activities and legislation focused on these issues will likely continue to be a priority in the 117th Congress. 

 
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Tuesday, October 6, 2020

Carter Williams, Who Unshackled Nursing Home Residents, Dies at 97


Carter Williams, Who Unshackled Nursing House Residents, Dies at 97

In journal articles, conferences, congressional hearings and conferences with regulators, Carter Catlett Williams illuminated the miseries of nursing residence residents with the sympathetic and descriptive powers of a novelist.

She advised tales like that of Miss Cohen, whose restrictive weight-reduction plan prohibited the “heat, aromatic chunk of challah” she had eaten on Friday nights her complete life, inflicting Miss Cohen to refuse meals completely; and of Mr. Denby, a “courtly, dignified former govt” who underwent “id loss” after he grew to become “unable to rise to greet or bid farewell to his visitor as a result of he’s tied to his chair.”

She amassed a whole lot of accounts alongside these traces. They helped Ms. Williams affect the 1987 Nursing House Reform Act, which required expert nursing services to keep up the “bodily, psychological and psychosocial well-being of every resident.”

The regulation remodeled frequent practices in nursing properties and strengthened a reform motion, a few of whose arguments have been vindicated by the devastation of Covid-19.

“These phrases ‘psychosocial well-being’ are in there due to Carter,” stated Barbara Frank, a former affiliate director of the Nationwide Residents’ Coalition for Nursing House Reform. “That’s a contribution that we will hint again to Carter that differentiates how some folks have fared higher in the course of the pandemic.”

Ms. Williams died on Sept. 8 at residence in Gloucester, Va. She was 97. Her daughter, Mary Montague, stated the trigger was a coronary heart assault.

Ms. Williams wished extra dignity and autonomy for nursing residence residents. She targeted on what she referred to as “the homely particulars of every day life in a nursing residence,” like the flexibility for residents to decide on once they eat meals. In the usage of restraints, just like the one confining Mr. Denby, Ms. Williams discovered a central goal for her advocacy.

Between 1980 and 1987, at the least 35 nursing residence residents died due to the usage of restraints. One lady was strangled when hers was placed on backward. The units included vests strapped to chairs and bands tying fingers and ft to mattress rails. As Ms. Williams continuously emphasised, restrained folks couldn’t go to the lavatory and even scratch an itch.

In the course of the Nineteen Eighties, 41 p.c of nursing residence residents have been put in restraints daily. In New York State, the determine was 60 p.c.

Ms. Williams had a revelation on a visit to Sweden. She visited a nursing residence with 210 residents, none of them restrained. Ulla Turemark, the house’s director of nursing, defined her philosophy of “individualized care”: In distinction to People establishments, which rotated workers, the Swedish nursing residence requested its staff to get to know the residents.

That enabled them to determine, for example, which sorts of chairs and beds could be safe for various residents with different types of dangers.

“The concentrate on restraints form of introduced residence what it means to concentrate on individualized care,” Ms. Frank stated.

The 1987 regulation severely restricted the usage of restraints. “Individualized care” grew to become a extensively held objective: In 2006, a memo issued by the Division of Well being and Human Providers about “nursing residence tradition change” used the time period 28 occasions in simply 16 pages.

Right now, solely about 1 p.c of nursing residence residents get restrained, Ms. Frank stated.

“Carter, I’d say, was the star of the restraint-free motion,” she added.

Even after the 1987 regulation and laws that adopted it, Ms. Williams’s imaginative and prescient of on a regular basis life in nursing properties had not been totally realized. Within the late Nineteen Nineties, she led the founding of Pioneer Community, a nonprofit devoted to creating nursing properties extra humane. It helps coalitions working to reform institutional tradition in 22 states.

Pioneer Community’s suggestions embody giving residents non-public rooms, facilitating time outside and protecting workers and residents paired collectively, to allow them to kind bonds.

These measures have made a distinction in the course of the pandemic, when the coronavirus has unfold in nursing properties amongroommates and a altering array of workers members engaged on rotating foundation, all socializing indoors.

“What we now have been working to do is change the design philosophy and practices of care communities and senior dwelling communities away from a medical establishment mannequin into one that’s targeted on the individual themselves,” stated Penny Prepare dinner, the president of Pioneer Community. “One wouldn’t assume that that may assist in an infection prevention, however it does.”

Catharine Mott Catlett was born on Sept. 2, 1923, in San Antonio. Her father, Landon Carter Catlett Jr., an aviator, was stationed at a army base there. He died in a aircraft crash in 1925, and his spouse, Catharine Sanders Mott Catlett, a homemaker, renamed her daughter Carter, the title her father had passed by.

Ms. Williams grew up in Gloucester, within the Tidewater area of Virginia, the place her household had lived because the Seventeenth century. Her residence was Toddsbury, a Seventeenth-century manor, however she might afford her tuition at Wellesley solely by way of a beneficiant scholarship and gross sales from her mom’s modest daffodil farming operation.

In 1949, she acquired a grasp’s diploma from the Simmons Faculty of Social Work in Boston, the place she met T. Franklin Williams, who was attending Harvard Medical Faculty. They married in 1951.

In 1968, the household moved to Rochester, N.Y., the place Ms. Williams labored at an area nursing residence and noticed the indignities that may inspire her activism. In 1983, her husband grew to become the director of the Nationwide Institute on Getting older, a division of the Nationwide Institutes of Well being. Ms. Williams grew to become concerned in nationwide politics, and he or she and her husband grew to become “an influence couple on the planet of getting old,” Ms. Prepare dinner stated.

Mr. Williams died in 2011. Along with her daughter, Ms. Williams is survived by a son, Thomas Nelson Williams; six grandchildren; and three great-grandchildren.

In Ms. Williams’s remaining years, her protection of outdated age grew to become private. When an airline safety employee referred to Ms. Williams as “younger woman,” Ms. Montague recalled, her mom replied, “Don’t rob me of my years.”

As her profession slowed down, she discovered time to look by way of a small, battered field of letters from her father. In opening remarks at a Pioneer Community convention, she used the expertise to indicate the training and development attainable even on the finish of a life.

“Suppose you didn’t know your father’s love and his very lively half in your first 22 months till you have been in your eighth decade,” she stated. “It’s the fantastic journey of my third age.”

 
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‘It Is Abuse:’ Indiana Caregivers Say Nursing Home Visitation Policies Don’t Put Residents First

By Brock E.W. Turner

Trilogy Health Services did not comment on what happened at its Delphi facility. The company cited privacy concerns. (Brock E.W. Turner, WFIU/WTIU News)

Trilogy Health Services did not comment on what happened at its Delphi facility. The company cited privacy concerns. (Brock E.W. Turner, WFIU/WTIU News)

For months, thousands of residents in Indiana nursing homes have been isolated. What began as an early-pandemic protection is now eroding their quality of life. 

Despite forming an essential and compassionate caregiver program, the Indiana State Department of Health (ISDH) has deferred much of the oversight and management to facilities themselves. Caregivers are caught in the middle and often left powerless.

Vickie Ayres fights back tears as she remembers her mother, Carolyn, who died just last month after a stay in at St. Elizabeth Healthcare Campus in Delphi.

“She loved to travel and eat out and we would take her out several times a week for outings, and when they locked down that was over,” Ayres said. “They wouldn’t even take them out in the facility bus for a drive around or anything. They took everybody and made their worlds that were small, even smaller.” 

Allegations Of Mistreatment At An Indiana Nursing Home

St. Elizabeth Healthcare Campus is owned by one of the Midwest’s largest nursing home operators—Trilogy Health Services. When the pandemic began, Ayres says she considered moving her mother out of the facility and to her home, but she was concerned because there wasn’t an accessible bathroom in her farmhouse. 

“I didn’t feel like I was set-up properly in my home to be able to have her here,” Ayres admits. “Six months later, knowing what I know, do I wish I had done that? Yes.”

Ayres's mother, Carolyn, emjoyed travel, eating out and attending worship services at her church. (Photo Provided)

The place where her mom’s bathroom would have been is still unfinished down the hall from her home office. Contractors have been hard to find, she said.

But Ayres believes caregivers shouldn’t have to make that decision—seeing a loved one or leaving them in a place where extra care can be provided.

The situation quickly spiraled. Ayres says staff at St. Elizabeth Healthcare kept her mom isolated in the facility’s COVID-19 wing for weeks—even after she tested negative. 

The company—which is one of the largest nursing home operators in the Midwest declined an interview, and refused comment on the facility’s polices in a provided statement.

“Out of respect for the privacy of our residents and their families, we cannot comment on specific details regarding those in our care,” the company wrote.

According to Ayres, it gets worse, she says her mother and other residents went months without receiving proper showers.  She alleges staff restricted visits—even window visits—from her and other caregivers because “they were too dangerous.”

 
Ayres says she made the decision to move her mom due to the lack of visitation and her declining health.  She would eventually test positive for COVID-19 leading Ayres believe her initial test was a false positive. 

The facility’s owner, Trilogy, wrote it will, “continue to work closely with the ISDH, pursue transparency, provide quality care, and put our residents and their families first, just as we always have.”

Carolyn died on August 26 at the age of 81 due to complications of COVID-19.

Guidence Shifts Power To Facilities Instead Of Caregivers

Andrea Smothers is the ombudsman who serves the area, she says nursing homes across Indiana have been forced to interpret vague guidance and that’s leading to significant visitation variation. 

“The guidance that they were given pretty much from our perspective as advocates gave a lot of control to those facilities on how or when, or under what circumstances they would allow visitors,” she said.

That visitation guidance from the Indiana State Department of Health (ISDH) was updated to reflect the latest federal recommendations from the Centers for Medicare & Medicaid Services.  It outlines clearer procedures, but sets a high bar for indoor visitation.

For example, a facility is not recommended to resume visitation unless it has had no new cases for 14 days, its county positivity rate remains low, and residents are notified.

Yet, multiple ombudsmen—who serve as advocates for caregivers and their loved ones—say facilities are doing a poor job communicating these visitation policies and updating caregivers on changes. 

Those changes and that lack of communication, I think build the distrust by the caregivers,” she said.

However, a state program designed to increase access to facilities is plagued with problems of its own.

senior center bus
The bus at St. Elizabeth Healthcare Campus was parked earlier this week. Caregivers and advocates say the facility has denied window vistation. (Brock E.W. Turner, WFIU/WTIU News)

 Instead of creating uniform visitation protocols, Indiana’s essential and compassionate caregiver program has produced a patchwork of guidance that experts and caregivers say is poorly communicated, while also giving facilities too much discretion.

The department declined an interview, but provided a statement saying, in part, “Recognizing the importance of this [essential caregiver] role, we have encouraged this in facilities.”

 Experts say the difference between “encouraging” and requiring is important. Under the current language, ISDH effectively lacks enforcement or oversight.

“Applications are not required to be submitted to the state Department of Health, so we do not have any data on the number of applications accepted or denied,” the department wrote.

During the state’s weekly COVID-19 briefing, Dr. Lindsay Weaver, Chief Medical Officer for ISDH, said caregivers can still file a complaint with ISDH if they feel a facility has wrongly denied their application or isn’t meeting visitation requirements.

“Our infection preventionists work very closely with the long-term care associations we have biweekly phone calls work with them to really work through what does visitation look like and how we can do it safety,” she said the department works with facilities and trade groups to determine what is feasible.

“Of course, we always take family complaints or concerns and we’ll follow up on those,” Weaver said.

However, that process also favors facilities according Smothers.

“When I filed complaints on behalf of residents and their families who couldn’t get in, as an essential family caregiver, I got a very length, nice email from the surveyor saying, well, it’s up the facility, and there’s nothing more I can do.”

Misaligned Priorities

Families with loved ones in long-term care facilities know their time is limited. They’re tired how it is, and many don’t have the resources or time to file complaints with facilities or the state.

Nearly everyone interviewed, agrees tightening visitation at the beginning of the pandemic was the right decision, but few see the rationality six months later.

“What we’re doing is wrong,” Ayres said. “And it’s wrong to an extent that I don’t think many people are aware of.”

Smothers agrees.

“How do we justify that?  There may have been no on-on-one interaction that wasn’t supervised,” she said.

Mary Swinford, the Deputy Director of the state’s long-term care ombudsman program understands the initial hesitancy, but believes now is the time to find a solution.

“We do owe it to our seniors, our residents to continue to advocate for them to have these visits. These visits are vital to residents.”

Ayres has a hard time understanding why more people aren’t outraged a policy made out of necessity months ago remains in effect when rapid testing capacity is available for athletes, college students, and other populations.

“It is abuse,” she said. “At this point it is abuse because it is long-term. It isn’t the short-term health crisis solution to the pandemic.”

And that’s why she and others say they’re going to keep advocating for visitation.

“[Facilities and the state] could make it work, and it’s not that they can’t,” she said. “It’s that they won’t.  And that’s wrong,” Ayres said with tears in her eyes. “Even though my journey is over with my mom, I have to speak for those people that are left.”

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National Guard assists nursing home in Danville

The National Guard has been called in to assist after a spike in cases of COVID-19 at a nursing home in Montour County.
 
Author: Cody Grohotolski

DANVILLE, Pa. — The National Guard has been called in to assist after a spike in cases of COVID-19 at a nursing home in Montour County.

According to Grandview Nursing and Rehabilitation's website, there are now 33 active employee cases and 67 active resident cases.

That's a growth of 55 cases between employees and residents since last Wednesday.

There's no word on how long the National Guard plans to stay at the nursing home in Danville.

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