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granny cams

Can Senior Care Facilities Use ‘Granny Cams’?

A bill in Georgia that would permit residents in assisted living communities and personal care homes to install electronic monitoring equipment in their rooms has been met with resistance. There are some members of the long-term care industry the oppose HB 849, so-called “granny cam” legislation due to privacy issues. The legislation—which also covers nursing homes—was introduced by state representative Demetrius Douglas (D-Stockbridge). Douglas contends that the technology is needed now more than ever.

Several states have similar laws.

McKnight’s Senior Living’s recent article entitled “Georgia Legislature blocks ‘granny cam’ legislation; industry reps raised concerns” reports that Tony Marshall, president and CEO of the Georgia Health Care Association, says he previously spoke with Douglas and other legislators about the granny cam bill and his concerns. He said concerns were also shared by the state ombudsman and various advocacy groups.

“Surveillance cameras observe — they do not protect — and the use of such cameras in a healthcare setting significantly increases the risk of violating HIPAA [Health Insurance Portability and Accountability Act], federal and state privacy regulations,” Marshall told McKnight’s Senior Living. “We also have concerns related to several other technical aspects of the bill.”

Marshall also noted that the Georgia Health Care Association supports “transparency and measures to ensure that the highest quality of care is being provided to elderly Georgians,” while also “valuing a home-like setting and honoring each resident’s dignity and right to privacy.”

He said his association believes that true quality improvement happens by collaborative efforts with legislators and other players to bolster the ability of nursing centers to recruit and retain a skilled, competent workforce. This also will “further programs designed to educate healthcare professionals, consumers and communities-at-large on abuse prevention and identification,” Marshall said.

The bill allows electronic monitoring equipment to be put in a resident’s rooms in assisted living communities, personal care homes, skilled nursing facilities and intermediate care homes. The resident would be required to provide written consent from any roommate and notify the facility before installing a device. A sign must also to be posted to let visitors and staff members know about the granny cam. The facility also wouldn’t be permitted to access any video or audio recording from the resident’s device.

Douglas said the pandemic has shown the need for cameras and noted that other states have adopted similar measures, according to the Atlanta Journal-Constitution. The state legislator remarked that he introduced the legislation after being contacted during the lockdown by family members, who said they weren’t told about outbreaks or immediately told when an elderly family member died.

There are six states—Minnesota, Missouri, North Dakota, Oklahoma, South Dakota, Texas, and Utah—that have laws requiring assisted living communities to accommodate resident requests to install electronic monitoring equipment in their rooms.

New Jersey also has a “Safe Care Cam” program that loans such equipment to healthcare consumers, including families of assisted living and nursing home residents.

Reference: McKnight’s Senior Living (Sep. 15, 2020) “Georgia Legislature blocks ‘granny cam’ legislation; industry reps raised concerns”

henry ford estate

Why was Widow of Henry Ford II in a Fight over the Estate?

Henry Ford II’s heirs say that his attorney, Frank Chopin, tried to control their access to Ford’s 80-year-old widow, Kathleen DuRoss Ford.

Her daughters, Kimberly DuRoss and Deborah DuRoss Guibord, alleged that Chopin abused her, by “[forcing] pills down her throat.”

The Wealth Advisor article entitled “Ford Heirs Lose Battle to Oust Mother’s Allegedly Abusive Caregiver” explains that Chopin has power of attorney over the widow’s affair and denies the allegations.

A Palm Beach, Florida judge denied their request to have Chopin removed as her caregiver. It was a decision that left her daughters, grandchildren and even her 82-year-old sister, Sharon, distraught.

Tara DuRoss, a 23-year-old granddaughter of Ford’s, said that Chopin had restricted her time with her relatives. They were forced to scheduled conference calls and meetings away from her home. However, the calls then stopped.

“I used to call her every day. We just want to be able … to see her.”

Chopin said that it is untrue that Tara spoke to Kathleen daily. He called her an “idiot child,” and said the family was “estranged,” unless “they wanted something.”

Kathleen DuRoss Ford passed away on May 9.

Henry Ford II was also known as “HF2” or “Hank the Deuce.” He was the eldest son of Edsel Ford and eldest grandson of Henry Ford of the leading family in the American automotive industry.

After his death from pneumonia in 1987, DuRoss Ford was involved in a public fight over the fate of the estate, which was then thought to be at least $350 million. The legal battle eventually settled, and she received an annual allowance that was worth millions of dollars.

Reference: Wealth Advisor (March 31, 2020). “Ford Heirs Lose Battle to Oust Mother’s Allegedly Abusive Caregiver”

crimes against elderly

Will the Sunshine State Crack Down on Crimes against the Elderly?

Florida Governor Ron DeSantis signed a bill recently approving the creation of elder abuse fatality review teams.

These teams are authorized by Senate Bill 400, which permits, but doesn’t require the creation of elder death review teams in each of Florida’s 20 judicial circuits. The teams would review cases in their judicial circuit where abuse or neglect has been found to be linked to or the cause of an individual’s death.

The Naples Daily News’ recent article entitled “Deaths of Florida’s elderly who were abused or neglected to get increased scrutiny under new law” reports that for many years, the state has authorized teams to examine child deaths and domestic-violence deaths where abuse is involved. However, the state hasn’t had a comparable review when an elderly adult dies, even under suspicious circumstances.

State Senator Audrey Gibson, D-Jacksonville, has sponsored the bill for the last four years and remarked that it’s “incumbent upon us as a state” to review cases of elder abuse and to look for gaps in service and possible policy changes to better protect the elderly.

“It can help to reduce elder abuse, if somebody knows that it’s going to be up for review if something happens to that senior,” said Gibson, the Senate minority leader. “The other thing is to prevent what happened in the cases they’re reviewing, to keep that from happening to another senior.”

Elder advocates believe that the new elder death review teams could help decrease the number of cases of nursing home neglect and mistreatment, like those identified in a recent USA TODAY Network – Florida. The investigation looked at 54 nursing home deaths from 2013 through 2017 where state inspectors cited neglect and mistreatment as factors.

The investigation found that Florida’s Agency for Health Care Administration seldom investigated the deaths.

The new law states that these elder abuse fatality review teams can be established by state attorneys and would be part of the Department of Elder Affairs. They would be composed of volunteers and open to people from a variety of disciplines, such as law enforcement officers, elder law attorneys, prosecutors, judges, nurses and other elder care advocates.

The teams are restricted to looking at files that have been closed by the State Attorney’s Office, whether or not it resulted in criminal prosecution. Remarkably, state attorneys didn’t prosecute any of the 54 nursing home deaths reviewed in the network’s investigation.

Reference: Naples Daily News (June 11, 2020) “Deaths of Florida’s elderly who were abused or neglected to get increased scrutiny under new law”

stimulus checks

Must Seniors at Care Facilities Sign over Stimulus Checks?

The Federal Trade Commission (FTC) has announced that some states across the country have received reports of nursing homes and assisted living facilities that have falsely said that COVID-19 stimulus checks are “resources,” under the rules of federal benefit programs that must be used to pay for services.

It’s “not just a horror story making the rounds.” The FTC says that these are actual reports that officials at the Iowa Attorney General’s Office have been getting – and handling. The FTC noted that other states are experiencing the same types of complaints.

The FTC says that it’s not true and urges people to check with family members who get Medicaid and live in these facilities.

They should file a complaint with the state attorney general, if they or a loved one have experienced this problem, says CBS Local New York’s recent article entitled “FTC: Nursing Homes, Assisted Living Facilities Cannot Take Stimulus Money From Medicaid Patients.”

“We’ve been hearing that some facilities are trying to take the stimulus payments intended for their residents on Medicaid,” the FTC says. “Then they’re requiring those people to sign over those funds to the facility. Why? Well, they’re claiming that, because the person is on Medicaid, the facility gets to keep the stimulus payment.”

Some facilities are claiming that, because the person is on Medicaid, the facility is entitled to keep the stimulus payment.

However, that is false. According to the CARES Act, these economic impact payments are a tax credit, and the law says that tax credits don’t count as “resources” for federal benefits programs, like Medicaid.

If you think there’s a problem, you can also file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357).

Reference: CBS Local New York (May 19, 2020) “FTC: Nursing Homes, Assisted Living Facilities Cannot Take Stimulus Money From Medicaid Patients”

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