When A Loved One Needs Assistance With Daily Living

While living in a well-run assisted-living or other support of residential living arrangement can provide many positive social, safety and healthcare benefit for patients with declining physical or cognitive abilities, most elderly and disabled individuals dread and resist moving from their home to an assisted living or other supportive care living environment.

When transitioning a patient to an assisted living or other care environment, caregivers often must override and understand what preference by the patient to live independently in order to provide support to patient needs to be safe.

Like the surrender of driving privileges, the loss of choice that results from compulsory relocation to a new living environment for an elderly or disabled person forces the patient concurrently to confront his declining functionality and his declining self-determination.

Recognizing this, caregivers should seek to involve the patient as much as possible in making the new living arrangements.

Talking about the possibility of a future need her assisted living care well in advance at the onset of disabling condition can help.

Planning ahead can help patients and their families to be prepared to pick up a facility where the patient may already have friends for siding will be familiar with the staff or the facility reputation.

Many assisted-living providers also sponsor social or other community out reach events for members of the community living independently.  Others offer daycare or other intermittent care opportunities.  Still others may offer temporary assisted-living or stay arrangements following episodes of chemotherapy or other intensive inpatient care.  Participation in these opportunities for involvement gives a patient an opportunity to try out the facility in their services before the patient actually needs to relocate as well as gives the family and the patient the opportunity to check out the facility before making a choice.

When relocating the patient to an assisted living or other facility, careful planning can help ensure that the patient’s room and other living quarters are as home like as possible.  To the extent that space allows, try to bring to the facility some furniture, photographs and other special possessions that will make the new living space feel more like home.

It often also helps if family members participate in the daily flow of activities such as going to lunch or dinner or participating in social gatherings often on for the first few weeks to help encourage the patient to participate in acclimatize them to the new opportunities and friendships.

The best way to head off problems is to detect issues early and intervene.  Even after the patient as well settled family members and friends should drop by often and at varying times to check on the patient’s physical and emotional status, keep the patient engaged and to check up on the care and service that the patient is receiving.

Family members and friends should learn and watch for signs of abuse or neglect.  Many excellent sources of education and resources are available through state Agency responsible for oversight in care of the aging and disabled like this list of elder neglect warning signs  published by the State of Idaho.

To help safeguard your loved one, make sure you and others with a close relationship to the patient check in on the patient regularly.  Set aside time to check in on the patient as well as to talk to the patient to detect signs of abuse, neglect, deterioration in the patient’s physical, cognitive or emotional status or other signs of possible concern.  Even something so seemingly minor as a recurrent failure at the facility staff timely to assist the patient to make her bed or with other schedule services should be monitored and addressed.  Beyond the actual assistance with the performance of the designated chores, the interactions scheduled with staff to perform these chores are critical monitoring activities for the facility.  Failing to timely perform the services means the facility is not keeping on top of their monitoring and other care duties for the patient and should be addressed.

Be A Healthcare Hero: Join Project COPE

Follow, like and share our articles and resources in this ProjectCOPE.blog, and follow, like, share your comments and ideas, and participate in our Facebook @ProjectCOPECOALITION or on LinkedIn to:

  • Learn tips, tools and other information on how you and your family can manage your health and wellness needs?
  • Get ideas on how to understand, shape and use your healthcare and coverage?
  • Share your ideas and input about health and health coverage issues and policies with elected leaders and regulators?
  • Monitor health, wellness and other developments?
  • Help your providers, family, friends and community cope with health care, disability, aging and wellness challenges?

Despite an endless stream of well-meaning market and governmental reforms over the past 25 years, the U.S. health care system is in crisis. American patients, their families and other caregivers, their employers, their health benefit programs, their health care providers, the communities and even our federal health care budget increasingly are burdened and overwhelmed by the mounting obstacles to caring for our ill, disabled, and aging citizens within our health care system and the extraordinary expense of maintaining and using that system.

As Congress takes up reform again, it is critical that Americans act to protect their own and their families’ health care and control the financial burdens of health care by getting informed, providing clear and consistent direction to Congress and other reformers and taking other actions to empower and care for themselves and their loved ones within our evolving health care system.

©2017 Cynthia Marcotte Stamer. Non-exclusive right to republish licensed to Solutions Law Press, Inc. For information about republication of this or other materials and programs of the author, email the author here.   All rights reserved.

Protect Your Loved One From Abuse

Millions of elderly and disabled Americans live in nursing, assisted living and other care facilities. 

While patients and their families admit patients to these facility rightly expect these care providers to appropriately and safely care for their patients, unfortunately and too many instances the care that their family member receives not only is disappointing, but actually harmful.

And alarmingly long list of negligence and other liability judgments as well as oversight and enforcement work by the Department of Health and Human Services, States’ department of aging, watchdog agencies, nursing home litigators reveal commonly recurring problems account for many of these tragedies   Problems range from overmedicating residents, or patient abuse or neglect. 

Patients and their families need to recognize the need to carefully select and oversee the care of their family member in these facilities   Many resources are available to help educate family members and friends search as this YouTube video about nursing home abuse recently shared by the Department of Health and Human Services.  

Careful investigation and credentialing at the facilities your love will stay in before and during their stay is an important part of the process.  No matter how good the facility looks in this credentialing, families and caregivers and patient must keep in mind that even the best facilities can experience problems of neglect, unawareness, miscommunication, miss perception and even abuse.  For this reason, families should keep in mind that frequent visits from family members and other visitors familiar with and loyal to the patient at different times can make a huge difference in helping the patient to get the best care possible, identifying potential issues services or quality and detecting more quickly service disruptions or deficiencies, changes in their family members conditions that need attention, signs of abuse or neglect and other concerns.

To learn more about what you and your family can do to be more effective participants in your healthcare and help improve health care for others, follow, share input and resources and get involved in our Project COPE initiative by following and sharing our updates in this ProjectCOPE.blog, on Facebook @ProjectCOPECOALITION or on LinkedIn.

Call To Action: Become a Project COPE Healthcare Hero

Despite an endless stream of well-meaning market and governmental reforms over the past 25 years, the U.S. health care system is in crisis. American patients, their families and other caregivers, their employers, their health benefit programs, their health care providers, the communities and even our federal health care budget increasingly are burdened and overwhelmed by the mounting obstacles to caring for our ill, disabled, and aging citizens within our health care system and the extraordinary expense of maintaining and using that system. 

 As Congress takes up reform again, it is critical that Americans act to protect their own and their families’ health care and control the financial burdens of health care by getting informed, providing clear and consistent direction to Congress and other reformers and taking other actions to empower and care for themselves and their loved ones within our evolving health care system.
©2017 Cynthia Marcotte Stamer. Non-exclusive right to republish licensed to Solutions Law Press, Inc. For information about republication of this or other materials and programs of the author, email the author here. All rights reserved.

Empowering Dying Patients Through Choice

The self-composed obituary of Sonia Todd is a touching reminder of the power and importance of patient choice even for patients facing death.  

The success of our health science and the ever extraordinary miracles it achieves to delay death often dupes Americans into forgetting that life is a process that ultimately leads to death.   Regardless of the ultimate pathway traveled from life to death by any particular person, health care ultimately is mostly about delaying death and hopefully, wringing out as much joy and functionality for the afflicted individual with the minimum of pain and suffering. 

Aging, illness, injury and disability often disempower those afflicted and those who love and care for them.   Eventually, everyone runs out of options to keep living. The realization that this time has come for a patient often is devastating for patients and their families. 

When the fight for life becomes futile, loved ones often don’t know what to do next to help the patient.

When death ultimately can not be avoided, empower the patient by supporting reasonable choices about their death and dying.  Allowing patients to make choices about how to live out their last days or moments, their treatment, and other details of their impending death and to plan and talk about what will happen after their death can empower many patients and their families through the process of death and coping after death.  

About The Author

Recognized by LexisNexis® Martindale-Hubbell® as a “AV-Preeminent” (Top 1%/ the highest) and “Top Rated Lawyer,” with special recognition as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Health Care,” “Labor & Employment,” “Tax: Erisa & Employee Benefits” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is nationally and internationally known for her 29 plus years’ of work as a practicing attorney on health care, health benefit, health policy and regulatory affairs and other health industry concerns as a practicing attorney as well as her lifelong involvement as a health, disability  and retirement and workforce thought leader, management consultant, author, public policy advocate and lecturer.

Throughout her adult life and nearly 30-year legal career, Ms. Stamer’s legal, management and governmental affairs work has focused on helping health industry, health benefit and other organizations and their management use the law, performance and risk management tools and process to manage people, performance, quality, compliance, operations and risk. Highly valued for her rare ability to find pragmatic client-centric solutions by combining her detailed legal and operational knowledge and experience with her talent for creative problem-solving, Ms. Stamer supports these organizations and their leaders on both a real-time, “on demand” basis as well as outsourced operations or special counsel on an interim, special project, or ongoing basis with strategic planning and product and services development and innovation; workforce and operations management, crisis preparedness and response as well as to prevent, stabilize and cleanup legal and operational crises large and small that arise in the course of operations. Her experience encompasses helping health industry clients manage workforce, medical staff, vendors and suppliers, medical billing, reimbursement, claims and other provider-payer relations, business partners, and their recruitment, performance, discipline, compliance, safety, compensation, benefits, and training ;board, medical staff and other governance; compliance and internal controls; strategic planning, process and quality improvement; change management; assess, deter, investigate and address staffing, quality, compliance and other performance; meaningful use, EMR, HIPAA and other data security and breach and other health IT and data; crisis preparedness and response; internal, government and third-party reporting, audits, investigations and enforcement; government affairs and public policy; and other compliance and risk management, government and regulatory affairs and operations concerns.

The American Bar Association (ABA) International Section Life Sciences Committee Vice Chair, a Scribe for the ABA Joint Committee on Employee Benefits (JCEB) Annual OCR Agency Meeting, former Vice President of the North Texas Health Care Compliance Professionals Association, past Chair of the ABA Health Law Section Managed Care & Insurance Section, past ABA JCEB Council Representative, past Board President of Richardson Development Center (now Warren Center) for Children Early Childhood Intervention Agency, past North Texas United Way Long Range Planning Committee Member, and past Board Member and Compliance Chair of the National Kidney Foundation of North Texas, Ms. Stamer has worked closely with a diverse range of physicians, hospitals and healthcare systems, DME, Pharma, clinics, health care providers, managed care, insurance and other health care payers, quality assurance, credentialing, technical, research, public and private social and community organizations, and other health industry organizations and their management deal with governance; credentialing, patient relations and care; staffing, peer review, human resources and workforce performance management; outsourcing; internal controls and regulatory compliance; billing and reimbursement; physician, employment, vendor, managed care, government and other contracting; business transactions; grants; tax-exemption and not-for-profit; licensure and accreditation; vendor selection and management; privacy and data security; training; risk and change management; regulatory affairs and public policy and other concerns.

As a core component of her work, Ms. Stamer has worked extensively throughout her career with health care providers, health plans and insurers, managed care organizations, health care clearinghouses, their business associates, employers, banks and other financial institutions, management services organizations, professional associations, medical staffs, accreditation agencies, auditors, technology and other vendors and service providers, and others on legal and operational compliance, risk management and compliance, public policies and regulatory affairs, contracting, payer-provider, provider-provider, vendor, patient, governmental and community relations and matters including extensive involvement advising, representing and defending public and private hospitals and health care systems; physicians, physician organizations and medical staffs; specialty clinics and pharmacies; skilled nursing, home health, rehabilitation and other health care providers and facilities; medical staff, accreditation, peer review and quality committees and organizations; billing and management services organizations; consultants; investors; technology, billing and reimbursement and other services and product vendors; products and solutions consultants and developers; investors; managed care organizations, insurers, self-insured health plans and other payers; and other health industry clients to establish and administer compliance and risk management policies; comply with requirements, investigate and respond to Board of Medicine, Health, Nursing, Pharmacy, Chiropractic, and other licensing agencies, Department of Aging & Disability, FDA, Drug Enforcement Agency, OCR Privacy and Civil Rights, Department of Labor, IRS, HHS, DOD, FTC, SEC, CDC and other public health, Department of Justice and state attorneys’ general and other federal and state agencies; JCHO and other accreditation and quality organizations; private litigation and other federal and state health care industry investigation, enforcement including insurance or other liability management and allocation; process and product development, contracting, deployment and defense; evaluation, commenting or seeking modification of regulatory guidance, and other regulatory and public policy advocacy; training and discipline; enforcement, and a host of other related concerns for public and private health care providers, health insurers, health plans, technology and other vendors, employers, and others.and other compliance, public policy, regulatory, staffing, and other operations and risk management concerns.

Past Chair of the ABA Managed Care & Insurance Interest Group and, a Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also has extensive health care reimbursement and insurance experience advising and defending health care providers, payers, and others about Medicare, Medicaid, Medicare and Medicaid Advantage, Tri-Care, self-insured group, association, individual and group and other health benefit programs and coverages including but not limited to advising public and private payers about coverage and program design and documentation, advising and defending providers, payers and systems and billing services entities about systems and process design, audits, and other processes; provider credentialing, and contracting; providers and payer billing, reimbursement, claims audits, denials and appeals, coverage coordination, reporting, direct contracting, False Claims Act, Medicare & Medicaid, ERISA, state Prompt Pay, out-of-network and other nonpar insured, and other health care claims, prepayment, post-payment and other coverage, claims denials, appeals, billing and fraud investigations and actions and other reimbursement and payment related investigation, enforcement, litigation and actions.

Heavily involved in health care and health information technology, data and related process and systems development, policy and operations innovation and a Scribe for ABA JCEB annual agency meeting with OCR for many years who has authored numerous highly-regarded laws, regulations, policies, programs, publications and training programs on HIPAA and other data security, privacy and use, EMR, billing and reimbursement, quality measurement,  privacy and other health , HIPAA, FACTA, PCI, trade secret, physician and other medical confidentiality and privacy, federal and state data security and data breach and other information privacy and data security rules and many other data, technology and systems concerns.  

A former lead consultant to the Government of Bolivia on its Pension Privatization Project with extensive domestic and international public policy and governmental and regulatory affairs experience, Ms. Stamer also is widely recognized for regulatory and policy work, advocacy and outreach on healthcare, education, aging, disability, savings and retirement, workforce, ethics, and other policies. Throughout her adult life and career, Ms. Stamer has provided thought leadership; policy and program design, statutory and regulatory development design and analysis; drafted legislation, proposed regulations and other guidance, position statements and briefs, comments and other critical policy documents; advised, assisted and represented health care providers, health plans and insurers, employers, professional. and trade associations, community and government leaders and others on health care, health, pension and retirement, workers’ compensation, Social Security and other benefit, insurance and financial services, tax, workforce, aging and disability, immigration, privacy and data security and a host of other international and domestic federal, state and local public policy and regulatory  reform and enforcement.      Her work includes both regulatory and public policy advocacy and thought leadership, as well as advising and representing a broad range of health industry and other clients about policy design, drafting, administration, business associate and other contracting, risk assessments, audits, breach prevention and mitigation and other risk prevention and mitigation, investigation, reporting, mitigation and resolution of known or suspected violations or other incidents and responding to and defending investigations or other actions by plaintiffs, DOJ, OCR, DOL, HHS, FTC, Insurance Departments, state attorneys’ general and other federal or state agencies, other business partners.  Her advocacy and regulatory affairs and public policy work, involvement and participation also includes numerous client engagements, as well as as founder and Executive Director of the Coalition for Responsible Health Policy and its PROJECT COPE: the Coalition on Patient Empowerment, adviser to the National Physicians Congress for Healthcare Policy, leadership involvement with the US-Mexico Chamber of Commerce, the Texas Association of Business, the ABA JCEB, Health Law, RPTE, Tax, Labor, TIPS, International Life Sciences, and other Sections and Committees, SHRM Governmental Affairs Committee and a host of other involvements and activities.

A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her thought leadership, experience and advocacy on these and other related concerns by her service in the leadership of the Solutions Law Press, Inc. Coalition for Responsible Health Policy, its PROJECT COPE: Coalition on Patient Empowerment, and a broad range of other professional and civic organizations including North Texas Healthcare Compliance Association, a founding Board Member and past President of the Alliance for Healthcare Excellence, past Board Member and Board Compliance Committee Chair for the National Kidney Foundation of North Texas; former Board President of the early childhood development intervention agency, The Richardson Development Center for Children (now Warren Center For Children); current Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, current Vice Chair of Policy for the Life Sciences Committee of the ABA International Section, Past Chair of the ABA Health Law Section Managed Care & Insurance Section, a current Defined Contribution Plan Committee Co-Chair, former Group Chair and Co-Chair of the ABA RPTE Section Employee Benefits Group, past Representative and chair of various committees of ABA Joint Committee on Employee Benefits; a ABA Health Law Coordinating Council representative, former Coordinator and a Vice-Chair of the Gulf Coast TEGE Council TE Division, past Chair of the Dallas Bar Association Employee Benefits & Executive Compensation Committee, a former member of the Board of Directors of the Southwest Benefits Association and others.

Ms. Stamer also is a highly popular lecturer, symposium and chair, faculty member and author, who publishes and speaks extensively on health and managed care industry, human resources, employment and other privacy, data security and other technology, regulatory and operational risk management. She has authored, published and presented s hundreds of publications, programs and workshops on these and other concerns for the American Bar Association, ALI-ABA, American Health Lawyers, Society of Human Resources Professionals, the Southwest Benefits Association, the Society of Employee Benefits Administrators, the American Law Institute, Lexis-Nexis, Atlantic Information Services, The Bureau of National Affairs (BNA), InsuranceThoughtLeaders.com, Benefits Magazine, Employee Benefit News, Texas CEO Magazine, HealthLeaders, the HCCA, ISSA, HIMSS, Modern Healthcare, Managed Healthcare, Institute of Internal Auditors, Society of CPAs, Business Insurance, Employee Benefits News, World At Work, Benefits Magazine, the Wall Street Journal, the Dallas Morning News, the Dallas Business Journal, the Houston Business Journal, and many other symposia and publications. She also has served as an Editorial Advisory Board Member for human resources, employee benefit and other management focused publications of BNA, HR.com, Employee Benefit News, Insurance Thought Leadership and many other prominent publications and speaks and conducts training for a broad range of professional organizations.

For more information about Ms. Stamer or her health industry and other experience and involvements, see here or contact Ms. Stamer via telephone at (469) 767-8872 or via e-mail here.

About Solutions Law Press, Inc.™

Solutions Law Press, Inc.™ provides human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on leadership, governance, human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press, Inc.™ resources here.

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©2017 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc.™ All other rights reserved. For information about republication or other use, please contact Ms. Stamer here.

Everyone Has A Part In Making Healthcare Better

Improving health care, its quality and affordability is everyone’s responsibility and everyone has a role to play.  

Congress can do things to influence who provides care, how health care is accessed, how much it costs and how these costs are paid.  While this can ease or raise barriers to care, patients, their caregivers and their heealth care teams still need help well beyond the power of regulators, payers or others to deliver.  These bureaucratic “saviors” : 

  • Can’t prevent disease, illness or disabilities;
  • Can’t erase the personal disappointment, pain, fear, frustration or struggle of aging, illness, disability or death;
  • Can’t provide all the emotional support and encouragement patients and caregivers need to keep going;
  • Poorly provide the real time help to cover the babysitting, transportation and other help to organize or go the chores of daily living that patients and families need help with because they can’t get it all done; 
  • Support on a day to day basis individuals to eat right, exercise and live healthier; or
  • So many other realities of trying to live well, with or without aging, disease or illness.

We all eventually need this help and all can do something to help.  Step up and pass it along.  Someday it will be your turn!

Congress will never get health care policy right until regular people and health providers and the employers and communities caring for them get informed and involved and no matter what, policy can’t fix healthcare completely.

This is one Policy Debate too important to you, your family and your community to sit out or act on tag lines. Get informed and share your specific ideas and thoughts about the Act and your other input on what our health care system should look like going forward, how these proposals relate and the other reforms you believe Congress should make to build a better healthcare system for today that can survive into the future by joining the discussion in the Solutions Law Press, Inc. Coalition for Responsible Health Care Policy LinkedIn Group

©2017 Cynthia Marcotte Stamer. Nonexclusive license to republish granted to Solutions Law Press, Inc.

Check Out Alzheimer’s Caregiver Resources

Families struggling to care for Alzheimer’s patients should check out the Caring for a Person with Alzheimer’s Disease: Your Easy-to-Use Guide from the National Institute on Aging and the many other resources available for free on the National Institute on Aging website here.

©2017 Cynthia Marcotte Stamer. Nonexclusive license to republish granted to Solutions Law Press, Inc.