Assisted living facilities provide care to thousands of senior citizens and elderly individuals throughout the entire United States. The level of care these individuals receive, however, does not always live up to the standard of care that the assisted living facilities are required to provide by state laws. As a result, the residents are often left abused, exploited, neglected or physically and sexually harmed. If you have experienced this you need the help of our LGBTQ assisted living home injury lawyers. Please click here to contact our gay friendly assisted living home injury lawyers as they have many years of experience handling assisted living abuse claims throughout the entire state.
What Is An Assisted Living Facility?
Assisted living facilities, also referred to as assisted living homes, are viable living options for senior citizens with minimal needs for assistance with daily living and care. The mission of these homes is to help senior adults live independently in a safe environment.
Aging in place i.e. in their own home is the option that most seniors prefer. Unfortunately, due to health issues and other factors it is not the safest or most practical option to choose. Once someone becomes unable to take care of their daily activities such as bathing, getting dressed dressing, cooking, driving to and from appointments and necessary destinations, shopping, paying bills, and taking medications, it’s time to rethink how they will spend their remaining years while still enjoying a nice quality of life.
There is a huge movement among seniors that want to live at home and maintain their independence but In some cases, aging in place is not an option. In these situations assisted living homes make sense.
Pennsylvania Assisted Living Home Regulations
The Commonwealth of Pennsylvania defines an assisted living facility as a residential program for two or more people that offers meals, lodging, personal support activities for more than 24 hours. Community residential care programs may be for the elderly, the physically disabled, or those with mental illnesses.
Pennsylvania Assisted Living Facilities Scope of Care
Pennsylvania assisted living facilities are not permitted to offer nursing services, nor are they permitted to admit anyone who needs care beyond the scope of the facility.
Pennsylvania Assisted Living Admission Requirements
Only those residents who have a short-term need for nursing care due to an injury or illness can contract with a home health care agency to receive nursing care. Residents will not be admitted who need daily care from a nurse or who are a danger to themselves or others.
Pennsylvania Assisted Living Care Plan Requirements
All new residents must undergo a thorough assessment to determine if the needs and preferences of the resident can be effectively met through the facility. The assessment will be used to develop an individual care plan, which addresses the physical, emotional, behavioral, social, spiritual, nutritional, recreational, and, when appropriate, vocational, educational, and legal needs of the resident. A resident’s strengths and weakness should also be incorporated in to the care plan.
PA Assisted Living Medication Management Requirements
Unlicensed direct care staff who have been trained to do so may assist residents with their medications.
Pennsylvania Assisted Living Facility Requirements
Three residents are allowed per unit, though private resident units must be a minimum of 100 square feet and multiple-occupancy resident units must provide a minimum of 80 square feet of living space per resident. There must be one toilet for every six residents and one tub/shower for every eight residents.
Pennsylvania Assisted Living Staffing Requirements
Direct care staff must be sufficient in number to meet the needs of the residents. During times of peak resident activity, there must be one staff person for every eight residents. During the night, there must be one staff person for every 30 residents. The Department of Health and Environmental Control may determine that a facility may have additional staffing requirements. An administrator is in charge of the facility and must be reasonably accessible and local. Such administrators must have earned at least an associate’s degree and must hold a license from the Pennsylvania Board of Long Term Care Administrators.
Pennsylvania Assisted Living Medicaid Policy
At this time, there is no available Medicaid home and community-based services waiver.
Pennsylvania Alzheimer’s Unit Requirements
If an assisted living facility has an Alzheimer’s unit, then staff who work in the unit must have specific training for working with that population. At least one specially trained staff person must be present in the unit at all times. Certain written disclosures are required for these units.
Types of Assisted Living Facility Abuse Cases
Assisted living facility injury cases come in a variety of forms. The most common are physical abuse, neglect, deprivation of care that causes an elder physical harm, pain, or mental suffering and sexual assault. Other types of harm and or injuries can be suffered due to medication errors, injuries during transportation, dehydration, malnutrition, bedsores (also known as decubitus ulcers), choking and wrongful death. As not all injuries are caused by physical abuse or neglect financial exploitation of the elderly is also an area of law our accident attorneys handle.
The Importance Of Having An Injury Attorney On Your Side
You need to know your legal rights when a loved one has been harmed in some way while at an assisted living home. Speaking with our experienced Lancaster, Pennsylvania assisted living abuse lawyers. Laws regarding liability, statute of limitations and benefits awarded in assisting living abuse cases varies by state. As you cannot have your case jeopardized by an oversight or legal misstep it is important to work with an attorney who thoroughly understand those laws. This will help determine whether or not you have a case and what to do if you do have a claim.
Do not hesitate to contact our Allentown, PA assisted living home injury lawyers to discuss your case, your rights and how to protect them. Our legal team offers free consultations where we discuss the initial facts of your potential case, and we will help determine whether or not our firm is the best fit for you and your family.
What Will Filing A Lawsuit Achieve?
It is never easy to put someone you care for in a nursing home, rehab facility, drug treatment center or assisted living home. The decision to do so is always extremely taxing and is normally a last resort. Regardless of how or why your loved one ended up needing the care offered at these places they have a right to be properly cared for and tended to. Unfortunately abuse, injury and neglect are common in these facilities in Pennsylvania. If and when that happens you may be entitled to benefits, damages and financial compensation for the injuries suffered. Our job is to hold assisted living facilities responsible, and as a result, create an environment where substandard care will not be tolerated. While most assisted living facilities care for their patients with respect, the reality is that many facilities are often understaffed and employ inexperienced staff members. With a history of documented expertise in assisted living facility litigation, our Erie, Pennsylvania elder abuse lawyers will continue to hold the liable parties accountable when they violate rules to prevent similar instances of abuse or neglect from occurring in the future.
Let Us Fight To Recover The Benefits You Deserve
Our Scranton, PA elder abuse lawyers have been protecting the rights of injured assisted living facility residents throughout Pennsylvania for many years. With our vast experience advocating on behalf of those abused or neglected, our elder abuse attorneys seek to hold assisted living facilities and nursing homes accountable in order to improve the quality of care received at these facilities.
Contact Our Pennsylvania LGBT Elder Abuse Attorneys
Our assisted living home injury attorneys are results-oriented and focus on maximizing our clients’ benefits and recovery in every suit. Their practice is 100% focused on personal injury, nursing home abuse, elder abuse, treatment center abuse and assisted living home abuse litigation. If you or a loved one has experienced abuse, neglect, or fraud at a Pennsylvania assisted living facility contact us today for a free consultation.
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