Georgia's web site guide to free legal information and legal services.

Disability >  Long Term Care: Assisted Living, Nursing Homes, Home Health Aides   Read information about your legal rights. There are 43 resources     Alternatives to Nursing Homes      At Home Care and Services for Seniors (Separate Website) There are some services available in Georgia that may make it possible for a senior citizen to stay in his or her home rather than move to a nursing home or personal care home. This document explains the kinds of services that are available and where to apply for them. By: Elder Law Committee of State Bar of Georgia           Home Health Care Companies (Search and Compare) (Separate Website) From this web site you may search for home health companies near you and compare them. By: Centers for Medicare and Medicaid Services           Temporary Health Care Placement Decisionmakers: when you need to move from hospital to nursing home The legislature recognizes that there may be times when an adult has not made advance arrangements for a situation when he or she is unable to consent to his or her own admission to or discharge from one health care facility or placement or transfer to another health care facility or placement. When those times arise, it may be necessary and in the adult's best interest to be admitted to or discharged from one health care facility or placement or transferred to an alternative facility or placement. By: Georgia Department of Human Resources, Division of Aging Services          Choosing Long-term Care Facilities      Long Term Care in Georgia - Choosing a Nursing Home (Separate Website) REQUEST A TOUR OF THE ENTIRE HOME-- Are the rooms and corridors clean, tidy and free of urine odor? *Is there a nurse call system by each bed? *Is there fresh drinking water at the bedside? *Do residents have their own belongings in their rooms? *Are certain areas of the facility more desirable than others? *Are there privacy curtains, bed stands and individual closets in each room? *Are the most recent survey reports from the State Inspectors posted in a public place.           Long Term Care in Georgia - Choosing a Personal Care Home (Separate Website) Choosing a personal care home can be a stressful and time consuming job. This Fact Sheet is designed to give you guidance in selecting the best personal care home to meet the needs of the resident and for seeing that the resident receives proper treatment and care after moving into the home.           Long Term Care Options in Georgia Long-term care refers to medical, rehabilitative, social and support services provided to people who need assistance in caring for themselves. Usually these services are needed because of physical or mental disabilities that require varying degrees of assistance and medical/nursing management. Long-term care services can be delivered in a wide variety of settings ranging from a private home to a nursing facility. This document contains more information about your long term care options in Georgia. By: Georgia Department of Human Resources, Division of Aging Services          Dispute Resolution and Reporting Abuse      Long Term Care in Georgia - Care Requirements in Nursing Homes (Separate Website) Most nursing home residents require some help with basic needs such as bathing, dressing, feeding, and toileting. The nursing home must identify each resident’s needs and establish a care plan to meet these needs. This fact sheet describes some of the requirements nursing homes must meet in helping residents with daily care. Another fact sheet describes how a care plan is developed and your right to participate in its development. -Federal and Georgia regulations set daily care requirements for nursing homes. Georgia law applies to all Georgia nursing homes. Almost all Georgia nursing homes are Medicare or Medicaid approved           Participating in the Nursing Home Survey Process If you would like to talk to one of the surveyors during the inspection of your nursing home or personal care home, the Ombudsman may be able to assist you. By: Georgia Department of Human Resources, Division of Aging Services           What is Elder Abuse? Elder abuse affects people of all backgrounds without regard for social status, income, sex, or race. Four to ten percent of elders will be a victim of abuse. Elder abuse is grossly underreported and investigated. Victims are often ashamed and fear reporting their abusers. In addition, victims often do not know where to find help. This brochure is aimed at providing information and resources for victims as well as defining laws pertaining to elder abuse, neglect, and exploitation. By: Atlanta Legal Aid Society             Your Right to Nursing Home Care Without Discrimination Federal and Georgia laws prohibit discrimination against residents or people seeking care on the basis of race, national origin, age, religion, sex, color or handicap. This Fact Sheet summarizes some of your civil rights and explains how to file a complaint if you have experienced discrimination. By: Georgia Department of Human Resources, Division of Aging Services           Long Term Care in Georgia - Solving Problems in Nursing Homes (Separate Website) It is often difficult for nursing home residents or their representatives to decide how to deal with problems. Many simply keep quiet. Sometimes, residents keep quiet because they do not want to be considered complainers. Others are afraid of retaliation. Some residents believe complaining will do no good. Residents and their representatives must speak up about concerns or the problems will not be addressed. *State and federal law give residents and their representatives the right to complain without retaliation. *Your community ombudsman can help you make sure this right is respected. *This fact sheet identifies a variety of ways to bring attention to your concerns or problems.           Long Term Care in Georgia- Family Council in Nursing Homes (Separate Website) A family council is an organized group of relatives and friends of a nursing home’s residents who meet on a regular basis to discuss issues and concerns regarding the home.           Long Term Care in Georgia- Involuntary Transfer & Discharges from Nursing Homes (Separate Website) The threat of transfer or discharge from a nursing home can be both frightening and stressful for residents and their families. Too often, a facility may respond to resident’s difficulties or increasing need for care or repeated questions or complaints from family members by transferring or discharging the resident. The Nursing Home Reform Law of 1987 protects residents from involuntary transfer and discharge. Contact the Long Term Care Ombudsman in your area for more information about the protections it offers and for assistance with negotiating with the facility.           Long Term Care in Georgia - Resident Councils in Nursing Homes (Separate Website) WHAT IS A RESIDENT COUNCIL? -A Resident Council is an independent, organized group of people living in a nursing home that meets on a regular basis to discuss concerns, develop suggestions on improving services and plan social activities. -The sizes and structure of Councils varies widely. Some Resident Councils function well with up to 30 residents at meetings. Others are effective with only a few active members. Leadership styles vary as does the amount of resident participation.          Living in Long-term Care      Long Term Care in Georgia - Food and Nutrition Issues in Nursing Homes (Separate Website) Meals help meet many needs for all persons, in and out of nursing homes. In nursing homes, meals and mealtimes are especially important. Many nursing home residents have special nutritional needs. Others may need food specially prepared due to digestive disorders. Mealtimes are one of the most important activities of each day and provide an important opportunity for social gathering and sharing. Due to their social and nutritional significance, meals are a major concern for most nursing home residents.           Long Term Care in Georgia - Handling Theft and Loss Problems in Nursing Homes (Separate Website) Two of the most common problems experienced by residents of nursing homes are loss or theft of personal items. Missing items may include clothing, dentures, eyeglasses, jewelry, radios, televisions, money, food and similar possessions. Loss of a personal possession is always upsetting. For nursing home residents, it adds to existing feelings of insecurity, loss of dignity and self-worth.           Long Term Care in Georgia - Hot Weather Concerns for Nursing Home Residents (Separate Website) During the summer months, nursing home residents may be at great risk when the weather is hot and the humidity is high. According to the U.S. Office of Consumer Affairs, heat stress is a life threatening condition for the elderly. This Fact Sheet gives information about heat stress and explains how nursing homes are supposed to protect residents from this problem.           Long Term Care in Georgia - Nurse Aide Training Requirements (Separate Website) Nurse aides provide most of the direct care nursing home residents receive and have more contact with residents than any other staff. Their duties include helping with personal and hygiene care, meals, rehabilitative care, supervising residents, documentation and many other duties. Nurse aides are a vital part of the care giving team in nursing homes.           Long Term Care in Georgia - Physical Restraint Guidelines for Nursing Homes (Separate Website) Physical restraints are items used to restrict, restrain or prevent movement of a person. Examples of these include belts, vest restraints and wrist restraints. Special chairs and bed side rails can be used as restraints. Whether or not a particular item is considered a physical restraint depends on the purpose and effect of its use. If an item is used to restrict movement, it is a restraint. The same item may not be considered a restraint if it is used to enable a resident. For example, a bed rail could be used to keep someone from getting out of bed or it could be used to help a resident turn over in bed. The most common reason given for using restraints is to prevent injuries to people who are at risk of accidental falls. However, according to the “Journal of the American Medical Association,” there is no evidence that restraints reduce the risk of falls or injuries.           Long Term Care in Georgia - Readmission to a Nursing Home from the Hospital (Separate Website) Nursing home residents sometimes have trouble returning to their nursing home following a hospital stay. This Fact Sheet helps explain how federal and state laws protect hospitalized residents who want to return to the same nursing home. *Nursing home residents have the right to return to their nursing home following a hospital stay if they still need nursing home care. This right exists whether or not a resident pays a fee to reserve his or her bed in the nursing home. However, if a resident does not pay to reserve the bed and the nursing home is full, he or she may have to wait until a bed becomes open at the facility. When a resident is ready to return from the hospital, all Georgia nursing homes must offer the resident the first available bed. *Before a resident is hospitalized, a Medicaid-certified nursing home must give the resident and a family member or legal representative written information describing its bed hold policy and the resident’s right to return to the first available bed. *In Georgia, Medicaid will pay a nursing home to reserve a bed for a Medicaid resident during a hospital stay of up to 7 days. The following information explains your rights if you choose to pay to reserve the bed beyond the 7 days or if you choose not to pay to reserve your bed beyond the 7 day hospital stay.           Long Term Care in Georgia - Sexuality in the Nursing home (Separate Website) Sexuality is part of human nature throughout life. It doesn’t automatically stop at the nursing home door. Being elderly and sick does not necessarily mean sexual desires decline. Family members and nursing home staff should expect sexual behaviors to occur and they should be ready and willing to respond appropriately.           Long Term Care in Georgia - Smoking Rights & Responsibilities in Nursing Homes (Separate Website) Smoking is a serious problem for residents and staff in Nursing Homes. Resident rights, physical addictions, social practices, safety, and health concerns are all involved in this issue. -Several basic factors need to be considered. Many residents have smoked for a lifetime. Smoking meets physical as well as social needs in their life. Moving into a long term care facility does not eliminate this need. -On the other hand, many residents have physical or mental disabilities that make smoking or inhaling secondhand smoke inadvisable. They may have lung cancer, emphysema, asthma, or dementia. Any or all of these conditions can complicate the smoking issue.           Long Term in Georgia - Room and Roomate Changes in Nursing Homes (Separate Website) DO NURSING HOME RESIDENTS HAVE ANY RIGHTS CONCERNING THEIR ROOM OR CHOICE OF ROOMMATE? -Yes. If you live in a Medicare or Medicaid approved nursing home, you have certain rights concerning your room and roommates. You have the right: 1. To refuse a room transfer in some situations. 2. To receive advance notice before any allowable room transfer. 3. To share a room with a compatible roommate. 4. To share a room with your spouse if you both agree.          Paying for Long-term Care      Basic Facts about Setting Up a Qualified Income Trust (Miller Trust) to Keep Your Medicaid This document answers basic questions about setting up a Trust so that you can keep getting Medicaid. By: Georgia Legal Services Program             Basics of Medicaid Medicaid is a health care program funded by the federal and state governments to help people with low incomes pay their medical bills. By: Atlanta Legal Aid Society             Have You Lost Your Nursing Home Medically Needy Medicaid? The Nursing Home Medically Needy Medicaid Program is ending as of July 1, 2004. If you receive Medicaid coverage under this program and your income is higher than the state will allow under the regular nursing home Medicaid program you will lose your Medicaid coverage after June 30, 2004. However, there is a way you may be able to protect your Medicaid. You may be able to set up a Medicaid Irrevocable Qualified Income Trust. (This is sometimes called a "Miller Trust.") If you put some of your Social Security and/or pension check into this special trust each month, it will not count against you for Medicaid eligibility. If you do this, you should be able to continue to pay for your care as you do now and still get Medicaid. By: Georgia Legal Services Program             Links to Georgia Resources for Medicaid, Medicare, Nursing Homes, Personal Care and Home Health Care (Separate Website) This web site provides additional links to resources in Georgia for Medicaid, Medicare, Nursing Homes and Personal Care Homes and Home Health Care providers. By: Elder Law Committee of State Bar of Georgia           Long Term Care in Georgia - Ways to pay for nursing home stays (Separate Website) What is the average cost of nursing home care? Nursing home cost in Georgia average from approximately $70 to $150 per day. This fee generally includes room, board, routine nursing care, general toiletries such as soap, shampoo, tissue, etc., and flat laundry (linens). There may be additional charges for other items such as some medications, and some incontinent supplies. Depending upon the resident’s source of payment, and / or the facility policy, the average cost may vary. Additional charges should be specified in the written admission agreement.           Long Term Care in Georiga - Nursing Home Resident Trust Funds (Separate Website) WHAT IS A RESIDENT TRUST FUND? -A resident trust fund is money held by the nursing home for a resident of the facility. CAN MY NURSING HOME REQUIRE ME TO SET UP A TRUST FUND? -No. State and federal laws give you the right to manage your own financial affairs. Nursing homes have no right to manage, use or dispose of your money. If you need help managing your funds, the nursing home is required to explain available options including a trust fund.           Medicaid Information for Long Term Care There are often many questions about eligibility for Medicaid. This document will attempt to answer general questions about your questions about what Medicaid allows and doesn't allow in terms of transferring assets to qualify for Medicaid benefits to cover long term care. By: Georgia Department of Human Resources, Division of Aging Services     Other Formats:   Word File           Medicare Coverage of Skilled Nursing Facility Care (Separate Website) This booklet explains: (1) Medicare covered skilled care; (2) your rights and protections, (3) where you can get help with questions. This document is available in PDF format. By: Centers for Medicare & Medicaid Services           Nursing Homes and Medicare (Separate Website) This link takes you to the Nursing Homes section of the Medicare.gov website. The purpose of this section is to provide visitors with information relating to Medicaid and Medicare certified nursing homes throughout the United States. It includes information on payment and patient rights, and a nursing home ch