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This website has been condensed and is no longer being updated as of November 28, 2016. Some resources previously available on this website may no longer be available. Content may link to web pages that have moved or no longer exist, or may refer to other documents that are no longer available. An upcoming 2017 website for the new National Center of Law and Elder Rights (NCLER) will provide an enhanced experience in access to national legal resource support in the priority legal issue areas currently featured on this site. The new NCLER Website will include access to:

  • Legal Basics Training and Advanced Training program
  • Technical Assistance in legal service delivery systems
  • Web requests for Case Consultations
  • Alerts, news and resources to help you stay informed

NCLER experts are available now for case consultations in substantive legal issues and technical assistance on the enhancement of legal service delivery systems. Please Contact ncler@justiceinaging.org

General Long Term Care Issues

Nursing Home 411
Source: Long Term Care Community Coalition
Content Type: Website
New York based coalition with a goal of improving quality of care in nursing homes.

Is It Legal To Record With A Hidden Camera?
Source: THELAW.TV Blog
Content Type: Blog Article
This blog article is intended to educate families about the laws that enable or prevent hidden camera usage at the state and local level. The article begins describing 'Nanny cams' usage and how a recent Texas law allows families in that state to place a hidden camera in assisted living facility rooms where their senior family members reside. The legislative intent behind this law is to prevent elder abuse and provide a reasonable audit measure to ensure their family member is receiving quality care. However, the article highlights potential legal pitfalls in states that explicitly disallow installing hidden cameras in rooms. Finally, the article lists the states where it is illegal to trespass for the purpose of installing a hidden camera. This article is a great introduction for families who aren't sure what their options are to monitor their loved one's treatment and hold a potentially abusive facility responsible for negligent care.

Video Surveillance in a Nursing Home
Source: Law Firm Publication
Content Type: Legal Discussion Article
This article is a brief analysis of the issues presently associated with using video monitoring of residents in a nursing home. There is not a federal law currently authorizing or prohibiting video surveillance in a nursing home and the cameras are likely exempt from Federal Wiretapping Law if they do not record audio. This ambiguity raises a significant number of potential concerns from all manner of interested parties for which the article presents pros and cons of each claim. The issues covered include litigation, insurance costs, virtual visitation, and staff concerns among others. No matter which side of the issue you are on this article asserts it is in all parties' interest to develop policies tailored to allow seniors and families to be able to reasonably monitor the quality medical service the person is receiving.

Families for Better Care: Nursing Home Report Card
Source: Families for Better Care
Content Type: Interactive Website
Rating of nursing homes based on outside analysis of data, ranking state by state.

Allowable Reasons for Involuntary Transfer or Discharge
Source: National Senior Citizens Law Center
Content Type: Web page (PDF)
Outline of the allowable reasons for involuntary transfer or discharge under the federal Nursing Home Reform Law

Dementia Special Care Units in Residential Care Communities
Source: National Center on Health Care Statistics
Content Type: PDF
A detailed study of inpatient care facilities providing dementia care.

Labor Department Mandates Minimum Wage, Overtime Pay For Home Health Workers Article
Source: Kaiser Health News
Content Type: Web posting
Starting in 2015 home healthcare workers will be covered by national wage and hour regulations, including minimum wage and overtime.

Identifying and Selecting Long-Term Services and Supports Outcome Measures
Source: NSCLC
Content Type: PDF
Improving quality in long-term services and supports (LTSS) is vital for Medicaid beneficiaries relying upon such services, particularly given current proposals by many states to implement managed care programs to deliver LTSS. A new advocates’ guide provides information and recommendations to assist beneficiaries and their advocates. The guide, entitled Identifying and Selecting Long-Term Services and Supports Outcome Measures, has been prepared by the Disability Rights Education and Defense Fund (DREDF) and the National Senior Citizens Law Center. The guide focuses on outcome measures based on individual experience, as a beneficiary’s experiences are the best starting point for judging whether systems are performing well. The guide discusses existing and in-development quality measures, presents criteria for selection of LTSS outcome measures, suggests methods for building LTSS knowledge and infrastructure, and sets forth action steps for advocates.

National Report on Long Term Care Services and Supports
Source: AARP Public Policy
Content Type: pdf
Across the States 2012: Profiles of Long-Term Services and Supports presents comparable state-level and national data for more than 140 indicators, drawn together from a wide variety of sources into a single reference. The full report provides a comprehensive picture of long-term services and supports in each state.

Answers to 20 Common Nursing Home problems
Source: NSCLC
Content Type: PDF
This guide contains answers to the 20 most common problems and myths about long term care in nursing homes.

Older Americans 2010: Key Indicators Statistics
Source: Federal Interagency Forum on Aging-Related Statistics
Content Type: PDF
Provides a comprehensive look at the older population’s health and well-being.

Olmstead: Community Integration for Everyone
Source: Department of Justice
Content Type: Website
In 2009, the Civil Rights Division launched an aggressive effort to enforce the Supreme Court’s decision in Olmstead v. L.C., a ruling that requires states to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. President Obama issued a proclamation launching the "Year of Community Living," and has directed the Administration to redouble enforcement efforts. The Division has responded by working with state and local governments officials, disability rights groups and attorneys around the country, and with representatives of the Department of Health and Human Services, to fashion an effective, nationwide program to enforce the integration mandate of the Department’s regulation implementing title II of the ADA.

The impact of the recession on long term services and supports
Source: AARP Public Policy Institute
Content type: Web page with links to state by state reports
This report documents how the recession continues to affect state programs for older individuals and adults with physical disabilities. States have used many administrative tools to curtail expenditures. At the same time, demand for publicly funded services has grown, and resources-including staff-are stretched thin, according to this new 50-state study. Specifically, 31 states cut aging and disability services programs (non-Medicaid) in FY 2010, and 28 states were expecting to cut these programs in FY 2011. Includes links to 50 state profiles.

VA Long Term Care Programs
Source: Department of Veteran Affairs
Content Type: Website
Lists long-term care options that are available for veterans and the qualifications for receiving those benefits.

Aging in Place: Rethinking Home Care
Source: MetLife
Content Type: PDF
A report on aging in one’s home as an alternative to institutional care that provides a review of the infrastructure, technologies, existing house, funding sources, and the businesses and services available, providing a framework to meet the needs of those who desire to age in their home.

Medicare and HCBS services
Source: The Official U.S. Government Site for Medicare
Content Type: Website
Lists several types of community-based services and provides an overview on some of those services, such as adult day cares and senior centers.

Medicare Publication on HCBS
Source: The Official U.S. Government Site for Medicare
Content Type: PDF
This is the official U.S. booklet on Medicare home health benefits. It covers topics such as who is eligible, services covered, and how to find and compare home health agencies (May 2010 revision.)

Home Health Care and Hospice
Source: National Association for Home Health Care and Hospice
Content Type: Website
Provides facts and statistics on home health care and hospice. Members are able to obtain state fact sheets.

10-Plus Years After the Olmstead Ruling
Source: NSCLC
Content Type: PDF Report
Report on changes community based care in the 10 years since the Olmstead ruling.

The Clearinghouse for Home and Community Based Services
Source: HCBS Clearinghouse
Content Type: Website
The site contains a comprehensive library of information on Home and Community Based Services.

Assisted Living Statewide Regulatory Review
Source: National Center for Assisted Living
Content Type: Web site with downloadable PDF handbook
Annually updated, state by state review of regulations for assisted living facilities.

AARP: Finding Your Way: Choosing Long-Term CareServices
Source: American Association of Retired Persons
Content Type: Website
Consumer focused article on long term care options.

Nursing Home Finder
Source: Medicare.gov
Content Type: Online Comparison Tool
This tool has detailed information about every Medicare and Medicaid-certified nursing home in the country, allowing seniors and caregivers the opportunity to compare the quality of the nursing Homes they’re considering using Five-Star Quality Ratings, health inspection results, nursing home staff data, quality measures, and fire safety inspection results.