ARGUMENTATION Research paper AND ANNOTATED BIBLOGRAPY

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Student Research Paper

Professor Griffin

English 1302

October 23, 2019

Annotated Bibliography

Avery, Chris, et al. “Evaluation of Five Years of Nursing Home Inspection Forms: Structural and

Hygiene-Related Violation Trends.” Journal of Environmental Health, vol. 77, no. 4,

Nov. 2014, pp. 14–18. EBSCOhost, search.ebscohost.com/login.aspx?direct=true &db

=a9h&AN=98897998&site=ehost-live&scope=site.

The main point in Avery’s article was to focus on the troubles and violations of hygienic

procedure in nursing homes. In this article we are shown the magnitude of these

violations and how these can affect not only the reputation of these retirement care

institutions but the health of its patients. Studies were conducted in North Carolina in

order to run various health and hazards tests. These studies were divided into sections

that depicted the violation at hand, these were labeled as Structural and Hygiene

Violations. Structural violations had more to do with anything that required material,

repair, and replacements, anything that needed to be changed in the facility. Hygiene

violations had more to do with practice of sanitation, improper techniques, or cleaning.

Two-hundred ten structural violations were recorded, while there was a more extreme

number of hygiene violations leading up to a massive number of three-hundred sixteen.

All of these were recordings in various elderly care facilities ranging from new to old,

and each facility varied differently. This article will be useful to my research paper

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because it will help to make my point of how elderly care has changed its standards, and

is now serving poor care to the elderly regardless of their obligation to provide prime care

to elderly citizens.

Blankart, Carl Rudolf, et al. “The Effect of Political Control on Financial Performance,

Structure, and Outcomes of US Nursing Homes.” Health Services Research, vol. 54, no.

1, Feb. 2019, pp. 167–180. EBSCOhost, doi:10.1111/1475-6773.13061

The main objective of this article is the actual effect that might occur on profit and non-

profit nursing homes when political control, and structural changes take place. When it

comes to overall healthcare services, they take up a considerable amount of public

spending. Healthcare being so reliant on federal and state government control, they are

very likely to take a huge hit with any changes made in regards to partisan political

control. At a federal level, Republicans and Democrats debate on this ongoing issue on

how to handle certain policies and new found acts the ‘correct’ way. This has also

become a state level issue, spending priorities will differ and vary from state to state;

some states might consider healthcare to be a priority while others will put educational

expenses before healthcare. One third of nursing home revenue comes from the federal

program Medicaid, which is solely funded by the federal government. Although it is

funded at a federal level, state governments have now taken authority and become those

in charge of deciding things from reimbursements and eligibility. Profit and non-profit

nursing homes will also differ from methods of payment. Non-profit nursing homes will

reside more private pay individuals, while profit nursing homes serve more Medicaid

residents. Due to these circumstances both profit and non-profit nursing homes will be

affected differently by political control. Non-profit homes seem to be less likely affected

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to any changes made, while profit homes can suffer severely from any federal changes.

This will overall be an element of support to my paper because it talks about the changes

and quality of healthcare due to new federal and state government implementations.

Hoey, David J. “The Intersection of Tort Law and Nursing Home Abuse and Neglect

Litigation.” NAELA Journal, vol. 14, Fall 2018, pp. 155–171. EBSCOhost,

search.ebscohost.com/login.aspx? direct=true&db=a9h&AN=133626064&site=ehost-

live&scope=site.

This article focuses on Tort Law, and Neglect Litigation and how legal action can be

taken place in cases of neglect and abuse. As time moves forward so do circumstances

and scenarios of elderly abuse and neglect. In the past claims of personal injury were

discrete and in the end could pinpoint the person responsible of any wrongful acts. Today

it is harder to indict and point out any responsible individuals because of the various

factors leading up to any negligence. These factors may vary from understaffing,

undertraining potential employees, and underfunding in general. In most cases nursing

home facilities and care providers fail to accept any responsibility for the injuries and

even deaths of these nursing home residents. If any action could be taken to receive

justice for these acts of negligence it would often be complex litigation. Regardless of

from where the problem was rooted, most of these cases differ from actual medical

malpractice scenarios. Overall nearly half of Americans will rely on a nursing home

facility at one point of their lives. As time goes on it is predicted that nursing home

residents will increase up to 2.3 million people by the year of 2030. There has also been

direct correlation between nursing home understaffing and resident neglect, and a variety

range of abuse. Often the only choice and option for recovery is litigation. In a lot of

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cases nursing homes give its potential residents contracts with Mandatory pre-dispute

arbitration clauses. Mandatory pre-dispute arbitration clauses often take the residents’

rights away to sue, bring a lawsuit against the facility, and even restrict litigation claims

in a court case. This proves to show how extreme the changes have been in regards to the

quality of care of the elderly population. Neglect and abuse cases have gone from discrete

and unusual to conspicuous and frequent over time, which is also an important key point

that can be made throughout my research essay.

Pitman, A., and Katherine E. Metzger. “Nursing Home Abuse and Neglect and the Nursing

Home Reform Act: An Overview.” NAELA Journal, vol. 14, Fall 2018, pp. 137–

154. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=a9h&AN

=133626063&site=ehost-live&scope=site.

Abuse and neglect has started to become a great conflict regarding the abuse and neglect

of hundreds of elderly nursing home residents in the United States. Reports show high

percentages of abused and neglected cases among thousands of residents found in nursing

homes. Nursing home abuse and neglect has been a problem for decades but has

increased over time. The extensive amounts of reports lead to the passage of nursing

home reforms like the ones contained in the Omnibus Budget Reconciliation Act. The

Nursing Home Reform Act was settled as a part of the OBRA-87. This rule specifies the

freedom from verbal, sexual, physical, and mental abuse. There is many issues

surrounding these nursing home and abuse neglect cases. Some of the most common

cases surround falls, pressure injuries, choking, medication errors, infection, sexual

abuse, and many more. It seems that sexual abuse, nonconsensual or any type of physical

sexual contact has become a great issue in nursing home facilities. It is very important

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that the victims of this abuse and neglect report these cases. In case of any mistreatment

this should be reported specifically with the state survey agency, because it is responsible

for regulating all nursing facilities. Once this ‘complaint’ is filed the agency is

responsible for starting up an investigation on the case. This is all very important because

the elderly population is growing at a fast pace, and with the correction of these problems

the health care system and nursing homes will improve with time. This will implement a

great point of how nursing homes are going through problems, and ways they should be

improving with the help of residents filing complaints on abuse, neglect, and exploitation.

Takamura, Jeanette C. “Getting Ready for the 21st Century: The Aging of America and the

Older Americans Act.” Health & Social Work, vol. 24, no. 3, Aug. 1999, pp. 232–

239. EBSCOhost, doi:10.1093/hsw/24.3.232.

As we move forward in time and more and more people begin to grow old, there is now a

larger concern regarding the care of the elderly. One of the most complex issues at hand

in the nation right now has to do with the Medicare program. Some of the main issues are

how long will this trust fun last, and also how these benefit packages are being adjusted

to correlate more with the growing needs of the elderly population. Although there has

been ongoing discussion of how these programs should be handled, one thing that many

individuals are agreeing on is the subject of Social Security. Many people are worried

about how individuals across the country and how the state governments are going to

keep this service available for future generations of elderly people. The percentage of

elderly people has fluctuated throughout the years, and although at some times the elderly

population has reached high numbers the elderly population is set to double around ten

years. Although many people in United States are aiming to prepare for retirement only a

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small fraction of those are actually prepared for all the expenses and resources that will

come in time. Earlier, there was major discretionary funds available, but since then the

funding levels have been significantly lower. There is a lot of work to be done to improve

the quality of care in these facilities in order to assure proper and qualitative care among

the growing elderly population. This is something that can be implemented to my essay

in order to show the large amount of room there is for improvement in the area of elderly

care.