Gharibian Law, APC

It is no secret that better quality nursing equals better quality care. Over the past few years, it has been a focus of nursing home care advocates to ensure the care residents are getting is the best possible. From staffing standards to education, to better investigations, battling isolation, and improving complaint substantiation rules advocates have worked hard to ensure the risk to residents is minimized. To continue this effort, Centers for Medicare & Medicaid Services (CMS) has written a formal opposition to H.R. 468 and H.R. 3227/H.R. 8244 which would weaken nursing aid training.

https://gharibianlaw.com/take-action-oppose-weakened-nurse-aid-training/

Take Action: Oppose Weakened Nurse Aid Training - Gharibian Law - Respect Your Elders Weakening nurse aid training could have detrimental affects on nursing home residents. Oppose laws that loosen training requirements.

One of the best defenses is knowing your rights. Not only your basic rights, but the bills and legislation from which those rights come. This information is helpful when it comes to holding nursing and care facilities responsible. While we don’t recommend issuing threats (file a complaint or contact a lawyer instead), we do recommend being able to state clearly which law grants you the right to what services/treatment. You may not be able to off the top of your head, so here are some basic legal rights for all California elders to know. Print out this blog to have on file in case you need it!

https://gharibianlaw.com/basic-legal-rights-for-california-elders-2/

Basic Legal Rights for California Elders - Gharibian Law - Respect Your Elders Your basic legal rights keep you safe and ensure quality care in nursing homes. To protect everyone, California elders should know their rights.

There are a number of factors that come into play regarding nursing home safety. With staffing standards in the news, it’s hard not to talk about general nursing home safety and some of the causes as well as solutions. Staff to resident ratios have a large part to play in ensuring nursing home safety, but so does our vigilance as loved ones, and our general advocacy for better care and living conditions. Here are the common dangers in nursing homes, and how we can eliminate them.

https://gharibianlaw.com/ensuring-nursing-home-safety/

Ensuring Nursing Home Safety - Gharibian Law - Respect Your Elders Ensuring nursing home safety is everyone's job. Together there are some key safety issues we can all address to improve nursing home life.

The road to a staffing standard final rule has been long. For decades this problem has permeated the industry, wreaking havoc on resident care standards. Not to mention employee happiness, burnout, and turnover, as well as nursing home accountability standards. Now, two years after the Biden Administration’s nursing home legislation proposals, we have a DHS and CMS staffing standard final rule. Here are 8 vital pieces of information from the final rule.

https://gharibianlaw.com/10-vital-pieces-of-the-dhs-cms-staffing-standard-final-rule/

10 Vital Pieces of the DHS & CMS Staffing Standard Final Rule - Gharibian Law - Respect Your Elders DHS and CMS have finally released their final rule for nursing home staffing standards. Here are 10 vital pieces from the official rule.

Transparency and accountability continue to be issues at the forefront of the nursing home improvement cause. If we don’t know the full extent of the core problems, we can’t fix them. And, once again, shocking numbers are being uncovered. This time, regarding hidden profits. A recent study released by UCLA examined the ways that nursing facility owners “tunnel” in order to “covertly extract profit” revealing staggering hidden profits. Here’s what you need to know.

https://gharibianlaw.com/in-the-news-staggering-hidden-profits/

In The News: “Staggering Hidden Profits” - Gharibian Law - Respect Your Elders Hidden profits in nursing homes hurt resident care. A new report shows the staggering numbers.

The text of H.R. 7513 is simple. Only a single sentence, H.R. 7513 could change the approach to nursing home staffing standards. This can be viewed as a good or bad thing, depending on how the new House of Representatives proposal is utilized. On one hand, it could be severely detrimental, on the other, it may open the door to deeper discussion and more involvement in the staffing issue as a whole. Here’s what you need to know.

https://gharibianlaw.com/staffing-standards-and-hr-7513/

Staffing Standards & H. R. 7513 - Gharibian Law - Respect Your Elders Staffing standards are a common topic in the nursing home industry, and H.R. 7513 might have a major impact.

During the COVID-19 pandemic, we saw the most devastating increase in isolation and loneliness in nursing homes ever. Restricted by altered, or non-existent, visiting policies, residents were often left alone in their rooms, separated from family, and without social activities which were canceled. This isolation epidemic was eventually contested with the Essential Caregivers Act, but we are still battling the isolation in nursing homes.

https://gharibianlaw.com/battling-isolation-in-nursing-homes/

Battling Isolation in Nursing Homes - Gharibian Law - Respect Your Elders Isolation became even more of an epidemic during COVID-19 and continues to plague nursing home residents. Here how we battle isolation.

Did you know that by the year 2030 one out of every six people in the United States will be over the age of 60? This means that creating an aging-friendly world is more important than ever! Everyone is responsible for ensuring our world is prepared to adequately care for every citizen as they age. A huge portion of that responsibility often falls on the individual states to create programs that encourage citizens to get involved. In California, there are a number of aging resources for elders to take advantage of.

https://gharibianlaw.com/aging-resources-for-california-elders/

Aging Resources for California Elders - Gharibian Law - Respect Your Elders Did you know that by the year 2030 one out of every six people in the United States will be over the age of 60? This means that creating an aging-friendly world is more important than ever! Everyone is responsible for ensuring our world is prepared to adequately care for every citizen as they age. [...

Navigating nursing home policies can be a confusing and stressful job. Unfortunately, some nursing homes and care facilities realize this and take advantage. It is important to not only know your rights as a nursing home resident, but also understand nursing home policies and laws. For example, when it comes to discharging residents from the nursing home, the facility may find all sorts of reasons to move the resident, but only some of those reasons are valid. Here are 5 nursing home discharge facts you need to know.

https://gharibianlaw.com/5-nursing-home-discharge-facts-you-need-to-know/

5 Nursing Home Discharge Facts You Need to Know - Gharibian Law - Respect Your Elders Nursing home evictions and discharges are not always done legally. Here are five nursing home discharge facts you need to know.

While elder abuse may commonly occur in nursing homes, it is not an issue confined to that industry. Instead, anyone can be guilty of elder abuse. In fact, the majority of elder abuse is perpetrated by family members of the victim. The likelihood of family abusers is high for a number of reasons, and family members are capable of every form of abuse. Here’s what you need to know.

https://gharibianlaw.com/elder-abuse-the-likelihood-of-family-abusers/

Elder Abuse: The Likelihood of Family Abusers - Gharibian Law - Respect Your Elders Unfortunately, elderly abuse is not exclusive to nursing homes. Today, we explore the likelihood of family abusers.

Though we’ve talked extensively about elder abuse, you may still be wondering what the legal definition is. What, according to California law constitutes abuse? That is a very simple yet important question with a few simple answers. We know that understanding abuse and its causes is one of the best ways to prevent abuse. The first step to understanding abuse is knowing the official legal definitions, as well as the most common signs of elder abuse.

https://gharibianlaw.com/california-elder-abuse-definitions/

California Elder Abuse Definitions - Gharibian Law - Respect Your Elders Information is power. That's why we are sharing important California elder abuse definitions according to the law.

Good professional care for your loved one is vital. More than ever, it is important to ensure anyone caring for America’s elderly is qualified, caring, knowledgeable, kind, thorough, and competent. Accidents happen, things slip through the cracks, but we can certainly do everything in our power to ensure quality care. To start, ask these 10 important questions of anyone you hire as a caregiver.

https://gharibianlaw.com/10-important-questions-to-ask-a-caregiver/

10 Important Questions to Ask A Caregiver - Gharibian Law - Respect Your Elders When hiring a caregiver for your loved one, it is vital to ask the right questions. Here are 10 questions you should ask in an interview.

One of the most tragic elements of the COVID-19 pandemic was nursing home visitation restrictions. These restrictions kept families apart at a time when long term care had never been worse, which has led to awful and intractable resident isolation. The lack of visitors also allowed signs of elder abuse to go unnoticed.

Now, after four years, (and the reinstated pre-COVID-19 guidelines), restrictions are loosened and families are able to return to normal visiting activities. Hopefully, as we’ve eased out of the COVID era, family and friends have been able to visit their loved ones in nursing homes and care facilities. And since it is always good to understand and raise awareness of abuse, we figured we would take this time to remind everyone of the signs of elder abuse. As you continue to visit loved ones, keep an eye out for signs of abuse and speak up for those who may not be able to do so for themselves. Below is a list of 8 signs of elder abuse and neglect you should look for.

8 Signs of Elder Abuse - Gharibian Law - Respect Your Elders This is a post made by Gharibian Law - Respect Your Elders. We are sharing 8 signs of elder abuse you should be looking for when you visit your loved ones.

The issue of understaffing in nursing homes is not a new topic for this blog. As a major problem affecting nearly every nursing home in America, staffing standards and understaffing have become a huge talking point in the industry. To better understand the problem and offer real solutions, The National Consumer Voice for Quality Long-Term Care (Consumer Voice) conducted a study. Additionally, action is currently needed to stop a bill that could negatively affect nursing home residents. Here’s what you need to know.

The Impact of Understaffing - Gharibian Law - Respect Your Elders Nursing home staffing has been a topic for many years now. Lately, a study showed the impact of understaffing in nursing homes.

When signing any sort of contract, there is always a risk that the signee will be taken advantage of. Contracts can be hard to read and translate, especially if they are bogged down in legalese. When it comes to nursing homes and other care facilities, the risk of blindly signing an agreement that harms you as a resident increases. Not all facilities intend to cause harm with their admissions agreements, but rather the risk is that the resident (or even their loved ones) may be under a lot of pressure and stress, and they may feel they have no choice but to sign—even if they don’t know everything contained in the contract. Read more at the link below.

https://gharibianlaw.com/5-things-you-need-to-know-about-admissions-agreements/

5 Things You Need To Know About Admissions Agreements - Gharibian Law - Respect Your Elders Nursing home admissions can be complicated. Here are five things you need to know about your admissions agreement before you sign.

Having someone who can advocate on your behalf is a great asset. However, not everyone is lucky enough to have family close, or friends able to be by their side at a moment’s notice. That’s why it is vitally important to be an advocate for yourself for as long as possible. Taking some key steps in self-advocacy is a great start. The California Advocates for Nursing Home Reform (CANHR) have compiled a list of action items that will help you advocate for yourself. Here are 5 keys to self-advocacy in nursing homes to help you create a safe living environment. Read more at the link below.

https://gharibianlaw.com/5-keys-to-self-advocacy-in-nursing-homes/

5 Keys to Self-Advocacy in Nursing Homes - Gharibian Law - Respect Your Elders These keys to self-advocacy ensure quality care even if you don't have someone to advocate on your behalf.

According to the CDC, there are roughly 36 million falls among older adults every year. In 2020, those falls resulted in 36,000 deaths. These shocking numbers over the years have led to a number of programs, awareness, advocacy, and research that will hopefully decrease those numbers significantly. Here’s what you need to know about fractures and falls.

https://gharibianlaw.com/fracture-and-falls-what-you-need-to-know/

Fractures and Falls: What You Need to Know - Gharibian Law - Respect Your Elders Fractures and falls are incredibly common outside and inside nursing homes. Here is important information you need to stay safe.

For years, the nursing home industry has been bogged down and held back by a lack of transparency and accountability. Not only do the failings as a result of no transparency and accountability affect residents, but it affects staff and community as well. From staffing standards, to food standards, to ensuring quality care, Consumer Voice is conducting research to identify ways in which transparency and accountability can improve. Read more at the link below.

https://gharibianlaw.com/consumer-voice-research-transparency-and-accountability/

Consumer Voice Research: Transparency & Accountability - Gharibian Law - Respect Your Elders Transparency and accountability have been major topics in the nursing home industry. Consumer Voice now has a grant to research further.

In addition to the Attorney General, our police, and Adult Protective Services, there are a few other agencies and groups that assist in prosecuting elder abuse. In California, there are specifically three groups that focus on and help with nursing home abuse cases. While they may work with other cases in addition to elder abuse, these organizations, often officially titled as Units, are crucial to seeing justice served. We’d like to highlight those organizations/units. Read more below.

https://gharibianlaw.com/3-groups-responsible-for-investigating-and-prosecuting-abuse/

3 Groups Responsible for Investigating and Prosecuting Abuse - Gharibian Law - Respect Your Elders In California, there are three groups responsible for investigating and prosecuting nursing home abuse. Learn more about them!

A large part of advocacy within the nursing home industry is reporting problems. Whether it’s simply saying something to staff or going through the steps to report abuse and neglect to higher authorities, it is vital to say something. However, it’s disheartening to see just how necessary reporting has become. Recent statistics from California Department of Public Health have shown that the number of complaints have increased, and continue to do so. Read more at the link below.

https://gharibianlaw.com/california-nursing-home-complaints-increase/

Report: California Nursing Home Complaints Increase - Gharibian Law - Respect Your Elders Reports from the past five years or so show a clear increase in nursing home complaints from residents. We talk about the statistics.

Knowing what to do in the event of abuse is one thing, but there are also steps and strategies that help prevent nursing home abuse altogether. When entering a nursing home setting or making the decision to move a loved one into a nursing home, it is important to take extra steps to ensure safety. Not only does preparation for nursing home life – and, unfortunately, the potential for abuse or neglect – help set a standard of care from the beginning, but it also ensures any abuse or neglect is caught early – or prevented completely. Here are a few strategies to prevent nursing home abuse and neglect. Read more at the link below.

https://gharibianlaw.com/strategies-to-prevent-nursing-home-abuse-and-neglect/

Strategies to Prevent Nursing Home Abuse & Neglect - Gharibian Law - Respect Your Elders Reporting abuse is important but it's equally important to have strategies to prevent abuse and neglect before it even happens.

Creating an aging-friendly world, addressing mental health, and advocating for better, safer living conditions for elderly Americans can be as simple as acknowledging the harm of loneliness. During COVID, we saw a dramatic and damaging uptick in isolation and loneliness among elders. Specifically, among nursing home residents who were barred from seeing loved ones. For elders with dementia, this often meant complete isolation without understanding the reason. However, recent studies have shown that the isolation and loneliness commonly experienced by seniors living alone, as well as seniors with dementia, is mitigated and reduced by the presence of animals!

https://gharibianlaw.com/battling-senior-loneliness-and-dementia-with-pets/

Battling Senior Loneliness & Dementia With Pets - Gharibian Law - Respect Your Elders Loneliness and dementia are closely linked. But a new study says that pets may be the solution to battling the issue.

Often, the rights of nursing home residents are violated because of a lock of knowledge. Either the resident doesn’t understand their rights, their loved ones don’t understand resident rights, or both parties are purposefully misled. Within the nursing home industry, specifically regarding resident evictions, administrators often offer misleading information, claiming involuntary holds as a basis for eviction. Unfortunately, this disproportionally effects residents who are not considered financially lucrative. This is a persistent issue that will hopefully be addressed soon. In the meantime, Gharibian Law’s Amber Tham and Destiny Verdugo had a chance to weigh in on the issue, and provide some insight. Read more at the link below.

https://gharibianlaw.com/involuntary-holds-gharibian-law-weighs-in/

Involuntary Holds: Gharibian Law Weighs In - Gharibian Law - Respect Your Elders When it comes to misusing and abusing involuntary holds law, nursing homes are often very guilty. Gharibian Law weighs in on this issue.

Consulting a lawyer can be an intimidating prospect. Not only is taking a case to court confusing, but the abuse you or your loved one have experienced adds another layer of anxiety, and taking the step to hold the nursing home accountable can feel overwhelming. However, there are resources out there, including a recent Super Lawyer article featuring Art Gharibian where he discussed the signs indicating that you should consult a lawyer.

From the article: “It’s often tough, from a layperson’s perspective, to know if what’s happening is enough for a lawsuit,” says nursing home abuse attorney Art Gharibian.

Read more at the link below.

https://gharibianlaw.com/when-to-consult-a-lawyer/

When to Consult a Lawyer - Gharibian Law - Respect Your Elders Consulting a lawyer can be an intimidating prospect. Not only is taking a case to court confusing, but the abuse you or your loved one have experienced adds another layer of anxiety, and taking the step to hold the nursing home accountable can feel overwhelming. However, there are resources out ther...

Actively participating in the elder law industry is one of the best parts of our jobs here at Gharibian Law. One of the ways we do that is by lending expertise and insight to articles. Recently, Art Gharibian contributed to two Super Lawyer articles discussing when to consult a lawyer and how to address concerns in nursing homes. We wanted to share a few takeaways from those articles. Read more at the link below.

https://gharibianlaw.com/3-super-lawyer-article-takeaways-addressing-concerns/

3 Super Lawyer Article Takeaways: Addressing Concerns - Gharibian Law - Respect Your Elders Art Gharibian contributed expertise to a Super Lawyer article discussing addressing concerns in nursing homes.

Few things cause more anxiety than finances. Everyone, from all age groups and backgrounds, experiences anxiety and uncertainty when it comes to financial decisions and welfare. In fact, according to a Bankrate article, “52 percent of U.S. adults said money has a negative impact on their mental health, including causing stress.” And this doesn’t necessarily include individuals facing other financial complications such as major life changes (i.e. moving from home to a nursing facility), potential scams, or the declining ability to manage one’s own finances thereby trusting a family member to make smart financial decisions. Read more at the link below.

3 Tips for Preventing Financial Abuse - Gharibian Law - Respect Your Elders Finances can be a huge source of stress for anyone. Here are three tips for preventing financial abuse as you age.

It’s easy to feel helpless and stressed in the face of life’s changes, especially when you are responsible for the welfare of a family member who cannot speak or advocate for themselves. To help you take action, we’ve collected 5 ways you, as a caregiver, can advocate on behalf of your loved one. These simple steps ensure your loved one is getting fair treatment and the quality care they need. Additionally, being aware of these measures helps you preserve the rights of nursing home residents everywhere. It’s the small steps that make all the difference. Read more at the link below.

https://gharibianlaw.com/five-ways-to-advocate-for-loved-ones/

5 Ways You Can Advocate for Your Loved One - Gharibian Law - Respect Your Elders Becoming an advocate can change, and save, lives. Here are five ways you can be an advocate for your loved ones.

Some of the work done to raise awareness of elder abuse is not in the courtroom or in the legislative branch of your state. Rather, there are multimedia resources that can tell stories and inspire action. We’d like to feature some of these films, podcasts, and books that help us create a better, more aging-friendly world for everyone. Read more at the link below.

Multimedia Resources Raise Awareness of Nursing Home Life - Gharibian Law - Respect Your Elders There are many resources available, but we're highlighting three multimedia resources raising awareness of nursing home life.

The issue of understaffing in nursing homes is not a new topic for this blog. As a major problem affecting nearly every nursing home in America, staffing standards and understaffing have become a huge talking point in the industry. To better understand the problem and offer real solutions, The National Consumer Voice for Quality Long-Term Care (Consumer Voice) conducted a study. Additionally, action is currently needed to stop a bill that could negatively affect nursing home residents. Here’s what you need to know. Read more at the link below.

https://gharibianlaw.com/the-impact-of-understaffing/

The Impact of Understaffing - Gharibian Law - Respect Your Elders Nursing home staffing has been a topic for many years now. Lately, a study showed the impact of understaffing in nursing homes.

One of the biggest aspects of the fight for better nursing homes involves standards. We want a nursing staff standard, high care standards, transparency standards, and more. Holding organizations up to high standards means it becomes very clear when they are not properly caring for residents and should be held accountable. A lack of standards can create murky waters, easy ways to hide poor care, and a lack of responsibility. California Advocates for Nursing Home Reform (CANHR) have a comprehensive list of care standards for nursing homes. Here are 5 of those nursing home care standards that everyone should know.

https://gharibianlaw.com/5-nursing-home-care-standards/

5 Nursing Home Care Standards - Gharibian Law - Respect Your Elders Standards are a huge part of change. CANHR has laid out 5 nursing home care standards that should be upheld at all times.