File this under “If you’re not outraged, you’re not paying attention.”

Remember a law California passed in 2004, designed to provide California nursing homes with additional MediCal money? This law -- The Nursing Home Quality Care Act -- was passed to address nursing homes’ complaint that the homes are understaffed because they simply cannot afford to hire more staff or to pay more wages. Under this law, the state’s 1,100 nursing homes received an additional $880 million in funding during 2004-2008, to hire more staff and pay better wages. Reporter Christina Jewett (pictured at the right) of California Watch has done a study, Nursing Homes Received Millions While Cutting Staff, Wages to see whether the additional funding to nursing homes has resulted in better staffing and salary levels. Jewett reports that 232 of 645 nursing homes receiving the extra funding either cut staffing, reduced wages, or violated state law minimum staffing level laws. These same nursing homes had fatter profit margins than other California nursing homes.

Jewett was also able to show a further correlation – the nursing homes receiving the extra funds that made the steepest staffing cuts also had about 30% more “deficiencies” (violations of State Title 22 licensing regulations) than the average California nursing home.

One other interesting fact in the article, “Nursing homes are allowed to bill the state for legal fees spent fighting abuse and neglect citations and lawsuits. They can bill for legal fees spent fighting audit findings they disagree with.” In other words, your tax dollars are going to help nursing homes hire lawyers to defeat elder abuse lawsuits and to challenge state officials who find the nursing home to be breaking the law.

The California Watch articles are mandatory reading for anyone with a family member in a California nursing home or anyone with a lawsuit against a California nursing home. The California Watch website contains data for each of the 232 nursing homes on the list (organized by county and by facility name). Check to see if your nursing home is on the list -- if it is, it should be a red flag to you that the nursing home is compromising staffing or wages for the sake of corporate profits. If you are prosecuting a lawsuit against a nursing home who has fattened its profit margin while cutting its staff, the data will help you build your case that the nursing home was reckless, willful or malicious under the California Elder Abuse and Dependent Adult Civil Protection Act.

Felicia Curran
www.ElderAdvocacyLaw.com

If you don't like cute animal stories, . . . read this anyway. You'll love this one.

A dog, Bella, and an elephant, Tarra, living on an elephant sanctuary, became best friends. They don’t let their differences (in this case their species) get in the way of their friendship. These animals have something to teach us about accepting each other’s differences and finding joy in unlikely situations.

Click below to see the original story, broadcast on CBS News by reporter Steve Hartmann.




Felicia Curran
www.ElderAdvocacyLaw.com

After Keith Olbermann’s (CountDown With Keith Olbermann, on MSNBC) Dad went in the hospital, Keith and his family dealt up close and personal with end of life issues. Keith is passionate about everything he cares about, and that applies to the issue of living wills a.k.a. advanced directives, legal documents which state your wishes regarding end of life care issues and which control the type and level of care you receive.

Family members who are forced to make such decisions for their loved ones in the crisis of the moment, after their loved one is in the hospital, often feel terribly conflicted –-Are they putting their loved one through unnecessary pain and suffering at the end of life, with no real chance of meaningful recovery, or Are they giving up too easily, when their loved one might be able to pull through and return to a good quality of life? Once your loved one lands in the hospital, they may not be able to tell you their wishes. By having the discussion in advance of hospitalization, you will give yourself some peace of mind that you know your loved one’s wishes, and you will be confident of making the decisions they would want for themselves.

Click on the youtube link below to hear Keith’s impassioned pitch for discussing end of life issues with your family and formulating a living will expressing your wishes.



Although most states including California recognize living wills or advanced directives, the requirements vary from state to state. To see what the options are in your state, check out this article from Findlaw:

http://estate.findlaw.com/estate-planni ... wills.html

Felicia Curran
www.ElderAdvocacyLaw.com

Director Stephen Walker, pictured here, has made a film for Indepedent Lens about a chorus in Northampton, Massachusetts.

Although the chorus members are in their 80s, the music they perform is anything but geriatric, unless the Clash's "London Calling" now qualifies as old folks music.(I think not). Although you're probably still skeptical, as I admit I am, you can tell just by looking at the film's poster, below, that it is something special.

Will Joe Strummer be rolling over in his grave when they perform "Should I Stay Or Should I Go?" Tune in tonight and find out. Here in the Bay Area, the program plays on KQED, Channel 9, at 9 p.m. PST. Click here to go to the Young@Heart website to watch a preview and check the time of your local listing.

Felicia Curran
www.ElderAdvocacyLaw.com

A group of elderly adventurers are finding new ways to challenge and enjoy themselves in their 80s and 90s, and in the process changing the way society views the elderly. The New York Times just did an article Seeing Old Age As A Never-Ending Adventure profiling three adventurers, Ilse Telemanich, 90, Tom Lackey, 89, and Charles Smith, 89, pictured here.

Ilse goes hiking in South Africa, even on a sprained leg. Tom Lackey does "wing walking" -- flying over the English Channel strapped atop a single engine plane. Tom just took up the sport in the last 10 years, and has done 20 such flights. His goal for his 90th birthday this year is to be the first person of any age to wing walk across and back the English Channel. Tom,pictured wing-walking here, a self-described "adrenaline junkie," persisted with his new hobby even when members of his church saw his sport as nothing more than a "death wish." (They have since changed their minds, thankfully).

Paul Smith travels to exotic places such as the North and South Poles.

Paul, Tom, and Ilse are not alone. The percentage of elderly travelers going in for adventure travel has gone up as much as 70% in the last 6 years. In fact, Elderhostel, Inc. the travel company specializing in travel for the elderly, has changed its name to Exploritas, to keep up with the trend. One hospital in New York City has even started the nation's first medical fellowship in trauma treatment for the elderly, to deal with mishaps that the elderly may have on their adventurers.

When people hit a ripe old age, they often brag about it, and that is evidently true in the adventure travel area. Paul Smith told the Times that on his South Pole trip, "a woman got off the plane at base camp and started bragging about being 80. She was quickly put in her place. One of the fellows in our group tapped her on the shoulder and said, ‘I don’t want to prick your balloon, but there are three in our group who are older,’ ” Mr. Smith said. Ha!

I used to tell people that if old age did not agree with me, I would take up parachuting lessons, and one day not pull the string. Now I think I will have something to look forward to when I reach that point.

Wing walking may not be your thing, but individuals such as Paul Lackey remind us that, whatever your age, you can have fun and reinvent yourself by taking on new challenges and doing things you thought you would never do. Take it to the limit one more time.

To read the Times article, click here.

Felicia Curran
www.ElderAdvocacyLaw.com