Laws Protect Elders Needing Nursing Care

Elder law attorney Susan C. Buerkens takes issue with an article last Sunday in this newspaper about a nursing home chain that gave poor patients on Medicaid the boot.

The Associated Press reported that Medicaid pays an average of $27 a day less than nursing homes charge people who can pay their own way.

So Vencor Inc. saw fit to kick out elderly patients in Florida and Indiana who depend on Medicaid, which the nursing home giant said is “flawed.”

The chain of 300-plus nursing homes nationwide, including several operating in Washington and Idaho under various names, has since reversed itself in response to a flood of criticism and complaints.

An official of the American Health Care Association was quoted as warning that, “We’re going to see more of this.”

But not in Eastern Washington, says the senior partner of Buerkens & Nehen in Spokane, who charges that the newspaper article does nothing but “instill fear” in the elderly and their families.

She said readers can rest assured that under Washington law any nursing home receiving Medicaid or Medicare - “which is pretty much everyone in Eastern Washington” - cannot:

Deny or delay admission to someone covered by Medicaid.

Require that any person agree at the time of admission that they will maintain their status as a private paying resident for any period of time.

The elder law specialist also reported favorable new developments in the so-called “Granny Goes to Jail” law. In January 1997, a new federal law set forth criminal penalties for elderly persons who preserve assets while attempting to qualify for Medicaid. A later amendment lifted the threat against “Granny” and shifted it to anyone assisting her “for a fee,” which had a chilling affect on Granny’s financial and legal advisers.

Since then, seniors groups, elected officials, and elder law organizations have pressured Congress to remove the barrier to free speech.

Buerkens said, “It now appears that this matter has been resolved in favor of low- and middle-income citizens who are likely to need Medicaid or some other financial assistance to supplement mounting long-term nursing care costs.”

Recently she received a copy of a letter from U.S. Attorney General Janet Reno to Speaker of the House Newt Gingrich. The “bottom line,” Buerkens said, is that the Justice Department will not defend challenges against the constitutionality of the new law and will not initiate any criminal prosecutions under it.

Ex-lawmaker outruns field

Spokane attorney Bob Dellwo swept the short sprints in his age group at the opening of the Inland Northwest Senior Games last weekend at Cheney. The former state legislator, city councilman, planning commissioner and freeholder, struck gold at 50 meters, 100 meters and 400 meters. Dellwo is 82.

The summer-long program of competitive events ranging from badminton to ballroom dancing, and from pickleball to a “Plunge, Pedal and Plod” triathalon, is being put on by the Senior Assistance Fund of Eastern Washington. Organizers have completely revised registration deadlines, enabling interested persons to sign up closer to the date for events.

A registration schedule and packet are available at all area Walgreen’s RXpress Pharmacies and regional senior centers. Registration fee is $10. Each additional event is $4.

Boomers favor bowling over aerobics

Boomers pride themselves on being an “active” generation, but when it comes to aerobics, they’d much rather bowl, says Robin Montgomery.

The spokeswoman for Del Webb Corp., the nation’s leading developer of “active adult communities,” otherwise known as Sun Cities, conducted a national poll of 1,200 boomers which found that only 2 percent aerobicise, while 4 percent bowl. Favorite activities are swimming (16 percent), biking and golfing (12 percent each), hiking (11 percent), walking (10 percent), fishing (9 percent), tennis (6 percent). Just 4 percent run.