Emerging Issues in Assisted Living and Nursing Homes

The number of older and vulnerable adults in need of long-term care is on the rise. In 2010, those age 65+ represented 12.9% percentage of the population in Minnesota compared to an expected peak of 21.2% in 2030. In response, assisted living and other senior communities are being built in record numbers. The current public health concerns associated with these communities providing long-term care services include quality of care, regulation, injuries, acceptance of medical assistance. Minnesota is the only state that does not license assisted living or similar residential settings to allow greater clarity and oversight for residents. Reports of maltreatment received by the Office of Health Facility Complaints at the Minnesota Department of Health have risen by over 600% with 3,608 received in 2010 compared to 24,210 in 2016. The rise in aging persons in need of long term care, the explosion of development of new assisted living communities, and lack of regulation has resulted in an emerging public health crisis.

Elder law attorneys, advocates, state agencies, providers, and professionals will need to work together to address the current concerns.

Client scenarios that are presented to Elder Law attorneys are a mixture of care, finance, decision-making authority, and rights discussions, to name a few. The issues are intertwined, and it can be difficult to determine where and how best to advocate. How can Elder Law attorneys address the global presentation of concerns? How can they issue spot legal claims of injury? How can they properly navigate medical assistance? What are the trends and issues facing consumers? What may occur on the legislative front to help older and vulnerable adults receiving long-term care?

This CLE will address these questions and others to help elder law attorneys and professionals navigate legal concerns on behalf of older and vulnerable adults. Moderated with questions by Suzanne Scheller, Esq., a panel of four professionals will each present on emerging issues in their area of knowledge, followed by questions from the moderator. The topics discussed include abuse and medical malpractice claims, tips and trends from the Ombudsman for Long-Term Care, pitfalls in medical assistance planning, termination of lease and/or services in assisted living, and legislative proposals and consumer advocacy at the Capitol.

This CLE is approved for credit through May 23, 2019.

Suzanne Scheller, Esq.
Attorney, Scheller Legal Solutions, LLC and Member, Governor’s Consumer Work Group on Elder Abuse

Genevieve Gaboriault, Esq.
Managing Attorney, Senior Law Project, Mid-Minnesota Legal Aid and Member, Governor’s Consumer Work Group on Elder Abuse

Cathryn Reher, Esq.
Attorney, Long, Reher, Hanson and Price PA

Joel Smith, Esq.
Attorney, Kosieradzki Smith Law Firm

Cheryl Hennen
State Long-Term Care Ombudsman at the Office of the Ombudsman for Long-Term Care

CLE Credits:

3.0 Standard CLE Credits approved | Event Code: 257497

MSBA Members:  $74.95
Non-MSBA Members:  $159.95



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