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Most people recognize the growing need for the assistive care of the elderly in the United States. Because many are reluctant to place their loved one in a true nursing home environment, the "assisted living" community has been an option many have turned to in recent years. However, assisted living communities escape many governmental regulations that may put your loved one at great risk of danger.
In a recent blog article, I talked about liability insurance coverage. If you have obtained insurance rate quotes on your car, you know that automobile insurance is not cheap. If you have determined that you may need additional insurance on your car that is above the minimum required by state law, there is a cheaper alternative that may help.
President Reagan signed The Federal Nursing Home Reform Act or OBRA '87 in 1987 which included a set of minimum standards for care and a Bill of Rights for people living in certified nursing facilities. Among other rights, OBRA '87 gave every patient the right to be free of unnecessary and inappropriate physical and chemical restraint. This body of laws defined the term "chemical restraint" to include "any drug that is used for discipline or convenience and not required to treat medical symptoms." 42 C.F.R. § 483.13. Why would medications be used inappropriately in the first place?
If you have a car or some other vehicle, then you are required by law to have automobile insurance, specifically, liability coverage. Simply put, liability insurance coverage provides a measure of financial protection for you against damages you become legally obligated to pay because of a wreck you caused. How much you need is a more difficult question to answer. Below are some thoughts from an attorney that focuses on dealing with situations where having liability coverage is necessary.
Of all the liabilities that nursing homes face, few compare to the magnitude of Bed Sore or Decubitus Ulcer liability. Bed Sores are a symptom of a systematic failure in many nursing homes . . . poor care. Nearly all nursing home abuse or negligence cases involve some form of bed sore or pressure sore development.
Nursing home abuse of the elderly takes many forms; it can be physical, emotional, financial, and even sexual. Nearly one-third of all nursing homes have been cited for actual nursing home abuse. My partner Samuel C. Rumph wrote an interesting article regarding this topic.
Almost 11,000 people are hurt on the job every day across the United States, and 13 people go to work and never come home according to the United States Department of Labor's Occupational Safety and Health Administration (OSHA). This translates into almost 4 million employees suffering from sort of work place injury every year. For the injured worker, this means a loss of income and medical expenses that need to get paid.
In Georgia, if you get in a wreck, the at-fault driver pays. In Florida, if you get in a wreck, you pay, regardless of fault. The Florida system is called no-fault insurance. This disparity can cause tremendous problems for those of us Georgians that enjoy a quiet week in Panama City or a loud week in Daytona Beach, and find that we aren’t paying attention and cause a wreck. (this has never happened to me).
Here is a scenario that plays out daily in America. You were injured in a car wreck, you settled with your insurance company or won a judgment in court, and now you are ready to be paid. Then your attorney says he or she cannot settle because of TRICARE, the Department of Defense health care program.
Medical payments coverage is an optional add-on provision to your automobile insurance policy. It is not required coverage in Georgia, but it is certainly recommended even if you have other health care coverage. Why? It is the most affordable health insurance you can have to cover your health expenses as a result of a car accident and can even be used to cover out of pocket expenses, deductibles, coinsurance, or co-pays with other health insurance.