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Proactive Legislation And The Inclusion Of Seniors In Our Society Are Steps To Protecting Them Against Predators

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Posted by: National Association to Stop Guardianship Abuse

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Proactive Legislation And The Inclusion Of Seniors In Our Society Are Steps To Protecting Them Against Predators

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A disturbing aspect of an  elder law and trusts and estates practice is the discovery of elder abuse. According to the National Institute on Aging, hundreds of thousands of adults over the age of 60 are abused, neglected, or financially exploited each year. Elder abuse includes physical, emotional, and sexual abuse in addition to neglect and abandonment.  The perpetrators are often relatives or friends who have influence over the individual who may be vulnerable due to illness, disability, or age. Sometimes the abuse occurs at the hands of caregivers, whether in the home or in a facility.

New York Senator Kirsten Gillibrand has introduced bipartisan legislation to help protect the elderly and infirmed by improving health care worker hiring practices in long-term care and medical facilities. Too often the elderly and infirmed are harmed as a result of the individuals working in the very facilities that are charged with helping rehabilitate them.

The Promote Responsible Oversight and Targeted Employee Background Check Transparency for Seniors Act, also known as “PROTECTS,” is an act that would expand access to the National Practitioner Data Bank for Medicare and Medicaid providers to conduct background checks on employees. Specifically, PROTECTS would include Medicaid/Medicare-certified skilled nursing facilities, home health agencies, hospice programs, and pharmacies.

The Act has been endorsed by the American Health Care Association and the National Association for Home Care & Hospice. The aforesaid Data Bank would reveal malpractice for potential employees and assist facility administrators in their hiring and consequently affect the standards of care.

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TS Radio Network: Dialysis Advocates #13

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Join us this evening April 23, 2019 at 7:00 pm CST!

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Hoaxes, Scams, and Your Medical Care

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Contributor & author: Marilyn M. Singleton, MD, JD, (California) board-certified anesthesiologist and President of Association of American Physicians and Surgeons  (see bio at bottom of release)

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April 9th, 2019

Hoaxes and scams have been dominating the news lately. We have a marginally known actor faking a hate crime supposedly to raise his Hollywood profile. His attempt to claw his way to the middle could have resulted in race riots, injury, and death. His punishment? All charges dropped.

The scandal about Hollywood and other elites buying their children’s way into top-rated universities really hit home. I remember when I had tutored some recent Vietnamese immigrants for a debate contest to win a scholarship for college. I could only hope that their hard work was rewarded and not wiped away by special favors bestowed on the “haves.”

Now we continue to have a slew of healthcare hoaxes: corporate stakeholders, legislators, and government agencies promise everything and have no accountability for their failure to keep their promises.

Take the large health systems’ claim that hospital consolidation and buying up physician practices would benefit consumers with cheaper prices from coordinated services and other unspecified savings. A major study of California hospital mergers found just the opposite. The analysis showed that the price of an average hospital admission went up as much as 54 percent. When the large hospital systems bought doctors’ groups, the prices rose even more. There was as much as a 70 percent increase in prices of medical services in geographic areas with minimal competition. This finding seems obvious to any of us who has the choice of shopping at Walmart or Target or Costco. More

The House Fiscal Year 2019 Budget and Its Effect on Seniors

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The House Budget Resolution for Fiscal Year (FY) 2019 would make cuts to the Medicare, Medicaid and Social Security programs and repeal and replace the Affordable Care Act (ACA), actions which would be harmful to millions of Americans.

The House Budget Resolution for FY 2019, introduced by House Budget Committee Chairman Steve Womack (R-AR), was approved by the House of Representatives Budget Committee on June 21, 2018.  This budget proposes drastic cuts in federal spending for programs of importance to most low- and middle-income Americans while protecting nearly $2 trillion in tax cuts, which mainly benefit the very wealthy and large profitable corporations and dramatically increase our deficits and debt.  This paper summarizes some of the key proposals in the House Republican FY 2019 budget resolution that would affect seniors and people with disabilities who rely on Medicare, Medicaid and Social Security.

Medicare

The budget resolution proposes $537 billion in cuts to Medicare which would be achieved by ending traditional Medicare and increasing health care costs for beneficiaries.  Chairman Womack’s plan assumes savings for the federal government by privatizing Medicare and shifting costs to Medicare beneficiaries.

Privatizing Medicare with Vouchers/Premium Support Payments

Under premium support, when people become eligible for Medicare they would not enroll in the current traditional Medicare program which provides guaranteed benefits.  Rather they would receive a voucher, also referred to as a premium support payment, to be used to purchase private health insurance or traditional Medicare through a Medicare Exchange.  The amount of the voucher would be determined each year when private health insurance plans and traditional Medicare participate in a competitive bidding process.  Seniors choosing a plan costing more than the average amount determined through competitive bidding would be required to pay the difference between the voucher and the plan’s premium.  In some geographic areas, traditional Medicare could be more expensive.  This would make it harder for seniors, particularly lower-income beneficiaries, to choose their own doctors if their only affordable options are private plans that have limited provider networks.  Wealthier Medicare beneficiaries would be required to pay a greater share of their premiums than lower-income seniors.

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Hospital Sponsored Guardianships: Another threat to the elderly, disabled and children

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Marti Oakley

2019 PPJ Gazette copyright ©

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“In the event that your family member or friend is being targeted by the hospital you do have a few options that may be of help, according to various BAR Union members. Of course these things are usually only available if you received due notice of hearing of the intention of the hospital to take your family or friend, prisoner. Still, filing these motions could stall out what is sure to be a dangerous state of affairs for the individual targeted.”

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As if the guardianship scams that target the elderly, children, the disabled and those chronically ill, most especially when there is a sizable estate involved by legal predators and equally predatory professional guardians was not enough, the medical industry is now entering into the game. Hospitals, whose only function is to care for the sick, are now openly engaging in the capture and hostage taking of individuals whom they claim are incapacitated. Never mind that their actions most likely caused any actual incapacity. Or most often, what is nothing more than a fraudulent statement claimed by those involved that an incapacity exists, when in fact, no evidence can be provided or will be provided to substantiate the claim.

In any of the instances sighted above, simply asking for a second opinion, or disagreeing with the doctors on types of treatments, medications or other intended services, can trigger a hospital initiated guardianship. In the case of children, disagreeing with doctors about diagnosis, treatment or other measures can result in the medical kidnapping of the child by the hospital.

In virtually all of these medical kidnappings for profit, no due process is observed and no notice of hearing is served. The individual is now a virtual prisoner taken hostage by the hospital, the doctors and the attorney’s. The guardianship is granted before anyone can object and the newly reclassified medical prisoner only finds out about their new classification, after the fact. They can no longer speak for themselves, refuse damaging medications, vaccines, surgeries or other needless or harmful interventions all predicated upon the bottom line profits of the hospital. The medical kidnappings are not about protecting the life of the medical prisoner, but rather leveraging the situation so that the hospital continues to profit. Once the deadlines loom on Medicare and Medicaid, or other insurance, the hospital will move quickly to ensure that their bottom line stays in the black, even if it is detrimental to the life of the patient. More

TS Radio Network: Dialysis Advocates with Arlene Mullin #3

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Virginia Hospitals Now Able to Withdraw and Deny Care at Will or Whim

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Yolanda Bell

Manassas, VA

Apr 30, 2018 — (The picture is an X-ray of Anastasia’s hip/femur that was broken by Dulles Health and Rehab Center in Herndon, VA)

Last month the Virginia General Assembly (sponsored by healthcare pawn Delegate Stolle) passed a bill and Governor Northam signed into law legislation that now allows Virginia hospitals (Inova) to withdraw and deny care their doctors deem unethical or inappropriate (i.e not profitable for hospital). The law gives a family that disagrees with a hospital treatment decision 14 days to find another doctor at another hospital to agree to take their family member or the hospital may withdraw all care including life saving care already being provided. In other words they can removed oxygen, ventilators, tubefeedings, fluids, etc and let you die, or more accurately put kill you. This law becomes effective on July 1, 2018. Strangely or not so strangely this is one of the only laws passed in this session that has Not been boasted about or published.

Medicare and Medicaid patients and anyone without platinum health insurance needs to be very wary of dealing with hospitals in Virginia now because if my sisters story shows anything it is Inova hospitals have absolutely no qualms about putting out or killing off patients they do not value and deem unprofitable. In fact I believe it is the outing of Inova and what they did to my sister that brought about this bill.

Lastly Medicare patients have certain federally protected rights when it comes to this type of situation which this law appears to go against (and is why Inova ran to have their buddies in Fairfax circuit court hand over my sister before the Medicare decision was rendered). Federal law trumps state law.

PETITION UPDATE

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