State Newsbites: Court Affirms Son’s Liability for Mother’s HCR ManorCare Bill

Here’s a collection of news bites pertaining to the senior housing and long-term care industries, gathered from around the nation. Many of the articles are state-specific, but could eventually have national implications or influence senior care trends. Click the links to access the full article. 

Nursing Home News

From—Court Upholds Ruling of Son’s Responsibility for Mom’s Nursing Home Bill


“In May 2012, a Pennsylvania appeals court found a son liable for his mother’s $93,000 nursing home bill under the state’s filial responsibility law. Health Care & Retirement Corporation of America v. Pittas (Pa. Super. Ct., No. 536 EDA 2011, May 7, 2012),” writes ElderLawAnswers. “In March 2013 the state’s Supreme Court declined to hear the case, meaning that the ruling is final.” Read more

From the judgment: “Though Appellant is correct that it was HCR’s burden to establish his ability to support his mother, we hold that HCR met its burden. As a result, Appellant’s first request for a new trial is without merit.” Read more

From—Bills Seeking Protection for Nursing Home Residents Fail to Pass


“House Bill 73, a bill that would continue a criminal background check program for nursing home employees, was passed by the House but was never heard by a Senate committee. If a similar bill isn’t passed in the 2014 session, the fingerprint background check program—currently paid for through a $3 million federal grant and an additional $1 million in state funds—will end after June 30, 2014,” reports “Bills that would create a registry of workers who have had substantiated cases of adult abuse or neglect also failed to pass for the fourth straight year. Gov. Steve Beshear had earmarked $1.2 million in the 2012-2014 budget for the creation of the adult abuse registry.” Read more

From (Mass.)—New Law Provides Safeguards for CCRC Residents

“Governor Deval Patrick held a ceremonial bill signing Wednesday for legislation that will give residents of continuing care retirement communities additional consumer protections and housing rights,” reports “The legislation will give residents of Continuing Care Retirement Communities the right to establish a resident’s association, receive a current copy of the facility disclosure statement and receive information on fees and construction. Providers must make reasonable efforts to explain the terms of disclosure statements, adjustments in monthly fees, information that may affect the health and welfare of residents and the future of the facility, including the ownership and providers’ financial health.” Read more

From—Nursing Home Camera Bill Advances in Okla. Legislature

“[On Tuesday,] a legislative committee unanimously passed a bill that would allow nursing home residents or their family members to put video recorders in their rooms,” reports “[The bill] also would prohibit a nursing home facility from refusing to admit a person who wants a recording camera in the room or remove a resident because a camera is in the room. Backers are confident Senate Bill 587 will get eventual approval of the full House. It was approved in the Senate 44-0.” Read more

From—Whistle-Blowing Verdict Against Nursing Home Gets Overturned

“A state appeals court has overturned a verdict against a Bridgewater nursing home accused of firing a nurse in retaliation for him reporting allegedly improper patient care to government agencies in January 2008,” reports “Jurors in March 2012 agreed with the claim made by James Hitesman that his termination from Bridgeway Senior Healthcare violated the Conscientious Employee Protection Act, or CEPA, which is designed to protect employees in whistle-blower cases. But the appellate judges found that since the code of ethics only applies to nurses, it cannot be cited as part of a CEPA claim against Bridgeway.” Read more

From The News-Herald (Ohio)—Nursing Home to Close, Displacing Residents

“Broadfield Care Center at 7927 Middle Ridge Road sent a letter to its residents Thursday notifying them its skilled nursing facility will close in 90 days,” reports The News-Herald. “Provider Services, which bought Broadfield three years ago, issued a statement Friday. The statement didn’t provide a reason as to why the 81-bed facility is closing. No plans have been made on what will happen to the facility and its 80 skilled nurses.” Read more

From the Harford Courant (Conn.)—Bill Prohibiting Violent Criminals to Live in Nursing Home Advances

A bill spawned by the controversial Rocky Hill nursing home proposal cleared one legislative committee and was forwarded to a second on Tuesday. In its current form, the bill would amend existing state law to prohibit people convicted of sexual assault, along with convicted murderers, from residential nursing home placement,” reports the Hartford Courant. “If it becomes law, and is not vetoed by Gov. Dannel P. Malloy, the bill would take effect at enactment.” Read more

Senior Care & Long-Term Care News

From the (Tex.)—Senate OKs Overhaul of Medicaid-Funded Long-Term Care

“The Texas Senate unanimously approved an overhaul of long-term and acute care Medicaid services on Monday in an effort to expand care to more disabled Texans while saving millions of state dollars. “We cannot continue to fund the same inefficient, unsustainable long-term care system and expect a different result,” said Sen. Jane Nelson, R-Flower Mound, the author of Senate Bill 7,” reports the “SB 7 is expected to save $8.5 million in Medicaid costs in the 2014-15 biennium by expanding managed care services, establishing pilot programs to try to provide services at capitated costs and implementing measures to ensure more efficient monitoring of services.” Read more

From the Post-Tribune (Ind.)—Ralliers Call for More Senior Care Options

“Senior citizens and physically handicapped people gathered at the Statehouse on Wednesday to share the importance of home and community-based services that can help keep people in their own home, instead of having to move to a long-term care facility,” reports the Post-Tribune. “At the Rally for Independence, Indiana residents from all corners of the state gathered to show how a little funding to help those who would prefer to stay home on their own goes a long way.” Read more

From the National Senior Citizens Law Center—Calif. Dual Eligibles Agreement with CMS

“[On March 28], California’s Department of Health Care Services (DHCS) and the federal Centers for Medicare and Medicaid Services (CMS) announced an agreement to redesign the way Medi-Cal and Medicare services are delivered to low-income older adults and people with disabilities in California,” says the National Senior Citizens Law Center. “Under the agreement, dual eligibles will be automatically enrolled into capitated managed care plans responsible for delivering all Medicare and Medi-Cal services in exchange for a single payment. The payment will be less than the two programs spend on the population today. Enrollment will begin this October. As many as 456,000 people will be impacted.”