New Jersey Lawyers: Hanlon Niemann serving Monmouth County

Getting the Best Nursing Home Care for Your Loved One

America is aging. Today, more than 12 percent of the population or about 34 million people, are 65 or older. That number is expected to grow to 70 million by 2030, when one of every five Americans will be at least 65 years old.

As life expectancy continues to increase, so too does the need for nursing home care. The older we get, the more likely it is we will require around-the-clock assistance nursing homes are supposed to provide. Some experts estimate that half of all Americans age 85 and older will one day need nursing home care. The U.S. Census Bureau projects the 85-plus age group will jump from 3.5 million now to 7 million by 2020, doubling the number of people in nursing homes in the next 20 years. That could make a bad situation worse. Nursing homes today are often understaffed and under-funded – facts that frequently translate to insufficient resident care. But it doesn’t have to be that way. There are steps you can take to ensure your loved one is properly cared for.

Finding Your Home Sweet Nursing Home

First, it is important to select the right nursing home – a daunting process at best. The search should begin with a determination of your loved one’s lifestyle preferences and medical needs. Once you know what your loved one wants and the type of care he or she requires, you should evaluate nursing homes to identify those that meet your criteria.

Arm yourself initially with as much information about all the nursing homes under consideration as possible. You may be able to eliminate some tough preliminary screenings, for example if they do not offer the type of care your loved one must have. Geographical location can also play an integral role in nursing home selection. That’s because, all the other things being equal, it is important to find a place close to home so family and friends can visit frequently. Maintaining a strong social network is key to a nursing home resident’s well-being. You can learn more about the prospective nursing homes on your “short list” by reviewing state inspection survey reports. These reports note any deficiencies that were found at the last annual state inspection. The survey is available at nursing homes. Be sure to ask for it and then carefully review it.

Consumers should also visit the nursing homes under consideration to interview facility administrators and staff. Go during different times of the day and observe conditions first-hand. Position yourself by the nurse’s station and see how long it takes before they respond to a resident’s call button. And talk to the residents. Ask them: “Is this is a good place to live?” or “Do they treat you well?” and so on.

Establishing a Care Plan

Once you’ve selected a nursing home, the focus should shift to assuring that your loved one receives the best care possible.

Federal law mandates that a nursing home must perform an initial resident assessment within two weeks of admission to determine the resident’s physical and mental condition, as well as medical and nutritional needs. Based on these findings, the facility develops what is called a “plan of care” to meet the needs of the resident.

So a care plan represents the critical first step to ensuring proper care. Moreover, it is a legal part of the nursing home contract. Nursing homes are legally required to develop a care plan that addresses each resident’s unique needs.

A thorough care plan not only lays the foundation for quality care, but also gives the nursing home resident rights that go far beyond the rights of someone who doesn’t have a properly drafted plan of care in place. Facilities are required to review certain parts of the care plan every three months, and the entire plan once a year. In addition, a care plan reassessment must be done whenever there is a significant change in a resident’s condition – whether it is an improvement or a decline.

Although they often don’t know it, families are entitled to attend the care planning review meetings. Families and professionals who have had loved ones in a nursing home will tell you the single biggest factor to assuring good care is family involvement. Be visible. Ask questions. Watch for changes in your loved one’s appearance and behavior. Read about nursing home residents’ rights.

Participating in the process and staying informed helps assure that nursing home residents get good care. Should your loved one receive inadequate care despite your involvement, you can take legal action to correct the situation. Hanlon Niemann is a Central New Jersey law firm that offers a well-respected elder law practice to clients throughout New Jersey on such issues as Medicaid and Medicare qualification, nursing home rights, asset protection, guardianships, trusts, wills and all issues affecting an aging population. The firm’s managing partner, Fredrick P. Niemann, summarized the firm’s philosophy as follows: ”We are a life care planning firm that looks to preserve and protect a person’s dignity and sense of integrity and independence when addressing inevitable health care problems experienced when aging. People have worked and saved all their lives to be able to pass down to their children and families the rewards of their labors and I’ll do whatever I can to legally honor that mission,” said Niemann.

If you have any questions about the contents of this article, please call Fredrick P. Niemann personally at 732-863-9900 or e-mail him at fniemann@hnlawfirm.com.

The information contained in the Hanlon Niemann, P.C. ("HN" or the "firm") website is provided for informational purposes only, and should not be construed as legal advice or an offer to perform services on any subject matter. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Recipients of contents from this site, clients or otherwise, should not act or refrain from acting on the basis of any content included in the site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. HN expressly disclaims all liability with respect to actions taken or not taken based on any or all of the information or other contents of this site. Any information sent to HN via Internet e-mail or through the HN website is not secure and is done so on a non-confidential basis. The transmission of the HN site in part or in whole, and/or communication with HN via Internet e-mail through this site does not constitute or create an attorney-client relationship between HN and any recipients. The firm does not endorse, and is not responsible for, any third-party content that may be accessed through this website. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any e-mail sent to HN, or any of its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential.

Copyright © 2007 Hanlon Niemann, P.C.. All rights reserved. All materials presented on this site are copyrighted and owned by Hanlon Niemann, P.C., or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

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This material may contain technical or typographical errors. HN does not guarantee its accuracy or completeness or suitability. IN NO EVENT SHALL HN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER HYPERLINKED WEBSITE. HN takes no responsibility and makes no warranty whatever for the content or information contained on sites linked to or from this site. All such links are provided on this website solely for the convenience of users and do not represent any endorsement, advertisement or sponsorship of linked sites or any products or services offered.


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		Getting the Best Nursing Home Care for Your Loved One America is aging. Today, more than 12 percent of the population or about 34 million people, are 65 or older. That number is expected to grow to 70 million by 2030, when one of every five Americans will be at least 65 years old. As life expectancy continues to increase, so too does the need for nursing home care. The older we get, the more likely it is we will require around-the-clock assistance nursing homes are supposed to provide. Some experts estimate that half of all Americans age 85 and older will one day need nursing home care. The U.S. Census Bureau projects the 85-plus age group will jump from 3.5 million now to 7 million by 2020, doubling the number of people in nursing homes in the next 20 years. That could make a bad situation worse. Nursing homes today are often understaffed and under-funded – facts that frequently translate to insufficient resident care. But it doesn’t have to be that way. There are steps you can take to ensure your loved one is properly cared for. Finding Your Home Sweet Nursing Home First, it is important to select the right nursing home – a daunting process at best. The search should begin with a determination of your loved one’s lifestyle preferences and medical needs. Once you know what your loved one wants and the type of care he or she requires, you should evaluate nursing homes to identify those that meet your criteria. Arm yourself initially with as much information about all the nursing homes under consideration as possible. You may be able to eliminate some tough preliminary screenings, for example if they do not offer the type of care your loved one must have. Geographical location can also play an integral role in nursing home selection. That’s because, all the other things being equal, it is important to find a place close to home so family and friends can visit frequently. Maintaining a strong social network is key to a nursing home resident’s well-being. You can learn more about the prospective nursing homes on your “short list” by reviewing state inspection survey reports. These reports note any deficiencies that were found at the last annual state inspection. The survey is available at nursing homes. Be sure to ask for it and then carefully review it. Consumers should also visit the nursing homes under consideration to interview facility administrators and staff. Go during different times of the day and observe conditions first-hand. Position yourself by the nurse’s station and see how long it takes before they respond to a resident’s call button. And talk to the residents. Ask them: “Is this is a good place to live?” or “Do they treat you well?” and so on. Establishing a Care Plan Once you’ve selected a nursing home, the focus should shift to assuring that your loved one receives the best care possible. Federal law mandates that a nursing home must perform an initial resident assessment within two weeks of admission to determine the resident’s physical and mental condition, as well as medical and nutritional needs. Based on these findings, the facility develops what is called a “plan of care” to meet the needs of the resident. So a care plan represents the critical first step to ensuring proper care. Moreover, it is a legal part of the nursing home contract. Nursing homes are legally required to develop a care plan that addresses each resident’s unique needs. A thorough care plan not only lays the foundation for quality care, but also gives the nursing home resident rights that go far beyond the rights of someone who doesn’t have a properly drafted plan of care in place. Facilities are required to review certain parts of the care plan every three months, and the entire plan once a year. In addition, a care plan reassessment must be done whenever there is a significant change in a resident’s condition – whether it is an improvement or a decline. Although they often don’t know it, families are entitled to attend the care planning review meetings. Families and professionals who have had loved ones in a nursing home will tell you the single biggest factor to assuring good care is family involvement. Be visible. Ask questions. Watch for changes in your loved one’s appearance and behavior. Read about nursing home residents’ rights. Participating in the process and staying informed helps assure that nursing home residents get good care. Should your loved one receive inadequate care despite your involvement, you can take legal action to correct the situation. Hanlon Niemann is a Central New Jersey law firm that offers a well-respected elder law practice to clients throughout New Jersey on such issues as Medicaid and Medicare qualification, nursing home rights, asset protection, guardianships, trusts, wills and all issues affecting an aging population. The firm’s managing partner, Fredrick P. Niemann, summarized the firm’s philosophy as follows: ”We are a life care planning firm that looks to preserve and protect a person’s dignity and sense of integrity and independence when addressing inevitable health care problems experienced when aging. People have worked and saved all their lives to be able to pass down to their children and families the rewards of their labors and I’ll do whatever I can to legally honor that mission,” said Niemann. If you have any questions about the contents of this article, please call Fredrick P. Niemann personally at 732-863-9900 or e-mail him at fniemann@hnlawfirm.com. The information contained in the Hanlon Niemann, P.C. ("HN" or the "firm") website is provided for informational purposes only, and should not be construed as legal advice or an offer to perform services on any subject matter. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Recipients of contents from this site, clients or otherwise, should not act or refrain from acting on the basis of any content included in the site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. HN expressly disclaims all liability with respect to actions taken or not taken based on any or all of the information or other contents of this site. Any information sent to HN via Internet e-mail or through the HN website is not secure and is done so on a non-confidential basis. The transmission of the HN site in part or in whole, and/or communication with HN via Internet e-mail through this site does not constitute or create an attorney-client relationship between HN and any recipients. The firm does not endorse, and is not responsible for, any third-party content that may be accessed through this website. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any e-mail sent to HN, or any of its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential. Copyright © 2007 Hanlon Niemann, P.C.. All rights reserved. All materials presented on this site are copyrighted and owned by Hanlon Niemann, P.C., or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited. NO REPRESENTATIONS This material may contain technical or typographical errors. HN does not guarantee its accuracy or completeness or suitability. IN NO EVENT SHALL HN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER HYPERLINKED WEBSITE. HN takes no responsibility and makes no warranty whatever for the content or information contained on sites linked to or from this site. All such links are provided on this website solely for the convenience of users and do not represent any endorsement, advertisement or sponsorship of linked sites or any products or services offered.

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