Tag: elder law

Nursing Home Abuse Lawyers Fight Scheme

Did you know that nursing home abuse can be lucrative? Insurance companies do! The economy is struggling. You and I, our families and friends, even big companies are struggling to stay alive in a toxic economic climate. The difference is, these insurance companies have corporate shareholders to keep at bay. Their answer? Cash in on nursing home residents’ insurance policies of course!

Nursing home abuse against scheme to make death profit

nursing home abuse attorneys new jersey philadelphia Fight Scheme

Greedy Scrooge McDuck in the 1983 Disney animated feature

Remember when Ebenezer Scrooge died and his house cleaner sold his stuff to cash in? Well, insurance companies and nursing homes are now scheming to do the same to residents. It involves encouraging patients in long term care and assisted institutions to sell their policies for a discounted cash amount. The patients get a pittance of a return – which they can spend at the home for “care.” In exchange, the nursing homes and the insurance carriers get the insurance policies from the patients. These policies are then packaged and sold to Wall Street as future bonds. When the patient dies, Wall Street or the care facilities gets the payout. Talk about a conflict of interest! The longer the patient lives, the greater the cost to the nursing home and the smaller the profit on the policy. Conversly, if the patient dies just after the purchase, the care center reaps the profits.

Nursing home abuse and the “profits over people”

We believe that these institutions should be in the business of caring for our elderly loved ones, not stealing from them. They should not be in the business of leveraging a patient’s health and life as a commodity to be traded on the market. Such practices are depraved. But, this nursing home business IS big business, and as is often the case, “profits over people” is business as usual. Every day, we read about how nursing home abuse and negligence take the place of adequate and compassionate care, only to make an easier and quicker profit. People and their medical care should come first. We understand this and are ready to help you.

Nursing home abuse lawyers in NJ and PA

If you feel that your rights are being violated or that a loved one has not received proper care or may be a victim of nursing home abuse, contact the Mininno Law Office for a free case evaluation. The nursing home abuse lawyers at the Mininno Law Office will make sure that your loved ones’ voices are heard and their rights protected. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Make sure that care is put before profits and advocate for these rights. Let the Mininno Law Office team earn you the compensation you deserve.

Full NY Times article, Wall Street Pursues Profit in Bundles of Life Insurance

Filing a report with the State of New Jersey in the event of nursing home neglect is the first step in pursuing a claim for elder abuse.  The process is very simple and extremely helpful if you have considered taking legal action against the facility.

How It Works

When you call the New Jersey Department of Health and Senior Services,  a representative will discuss and document any problems or issues you are having with the particular nursing home facility.  Based on your information, an investigator will be sent to the facility within ten (10) days to investigate the claim.  The investigator will then review the patient’s chart, interview other patients in the facility and observe the general living conditions.  Based on their findings, the investigator will issue a letter stating the nursing home was either deficient or not deficient in their care according to state/federal laws.

How Does Filing a Report Help My Legal Case?

A report from the state detailing the neglect or abuse experienced by your loved one is a credible piece of evidence in proving your case.  The report may also uncover abuse or neglect that the family was not aware of at the time they made the claim.

Contact the NJ Department of Health And Senior Services:

To file a report, call 1(800) 792-9770.

Follow the prompts and press one (1) to file a complaint against a nursing home, hospital or assisted living facility.

 

Related Information:

New Jersey Nursing Home Abuse Lawyers

New Jersey Bedsores Lawyers

If you believe that a Medicare patient is being inappropriately discharged from a hospital or nursing home facility, you must file the following procedure from the Department of Health and Human Services to appeal the decision:

Steps to Appeal Your Discharge:

Step 1:  You must contact the Quality Improvement Organization (QIO) no later than your planned discharge date and before you leave the hospital.  If you do this, you will not have to pay for the services you receive during the appeal (except for charges like co-pays and deductibles).

  • Here is the contact information for the QIO: (800) 624-4557 or tty 1-(877) 486-2048
  • You can file a request for an appeal any day of the week.  Once you speak to someone or leave a message, your appeal has begun.
  • Ask the hospital if you need help contacting the QIO.

Step 2: You will receive a detailed notice from the hospital or your Medicare Advantage or other Medicare managed care plan (if you belong to one) that explains the reasons they think  you are ready to be discharged.

Step 3: The QIO will ask for your opinion.  You or your representative need to be available to speak with the QIO if requested.  You or your representative may give the QIO a written statement, but you are not required to do so.

Step 4: The QIO will review your medical records and other important information about your case.

Step 5: The QIO will notify you of its decision within 1 day after it receives all necessary information.

  • if the QIO finds that you are not ready to be discharged, Medicare will continue to cover your hospital services
  • If the QIO finds that you are ready to be discharged, Medicare will continue to cover your services until noon of the day after the QIO notifies you of it’s decision.

IF YOU MISS THE DEADLINE TO APPEAL, YOU HAVE OTHER APPEAL RIGHTS:

  • You can still ask the QIO or your plan (if you belong to one) for a review of your case:
    o If you have Original Medicare: Call the QIO listed above
    o If you belong to a Medicare Advantage Plan or other Medicare managed care plan: Call your plan.
  • If you plan to stay in the hospital, the hospital may charge you for any services you receive after your planned discharge date.

For additional information, call 1-800-Medicare (663-4227) or TTY: 1-877-486-2048

Related Information:

Contact a nursing home abuse attorney