If Seniors in CCRCs Want Justice They Must Use Family Councils to Get It

By Lillian L. Hyatt, MSW, Resident of CCRC and AARP Policy Specialist on CCRCs

When Patricia McGinnis, an attorney, founded CANHR (California Advocates for Nursing Home Reform) in 1984 it became a valuable resource for families seeking care for elderly relatives they could no longer care for at home. She spearheaded legislation for the protection of seniors. In my view, the legislation that created the ability to form family councils in CCRC in 2014 was her most significant achievement.

On May 7, 2016 in a Northern California CCRC, there was a family council meeting. It was attended by a very large audience consisting of residents, family members, friends and professionals who cared for residents who can no longer care for themselves. As a result, the administrator of the facility resigned a week later. The reason for the resignation was that the administrator was no longer sure of their ability to control their agenda of forcing the elders in their care to obey rules designed to limit their autonomy and their civil rights as a result of being resident of a CCRC.

Organizing family councils in long term care facilities, which includes guidelines, relevant law and sample forms, is available for download at www.canhr.org. As of January 1, 2015, a new law added significant rights for resident and family councils in RCFEs. Social workers also can call (415) 974-5171 and speak with an advocate to clarify any information not clear enough in the written material on the website.

While attending the second meeting, I heard a new resident saying that there was no need for family councils because the administration did everything to help and take care of residents. This resident was never informed when she entered what the risks were further down the line in the event that a resident could be moved from one level of care to a higher level of care. In many cases residents wish to remain in their own apartments and were forced out to a higher level of care because reselling the resident’s apartment gave a large infusion of cash to the facility.

I personally spoke to the resident and gave some case histories of residents who were extremely unhappy in the three units (skilled nursing, assisted living, and the dementia unit) where they were placed. Marketing directors never really address what the future may hold for a resident. They are careful to make it sound as though what the administration deems to be good for the resident is what the resident wants for themselves. The different levels of care sounds so logical but, in reality, could result in the resident being forcibly removed from their apartment and moved to a room shared by three other people, who share a tiny toilet and bathe in a communal shower. Another problem is staff shortages. A resident may be required to hire help at $35 per hour in order to get the attention and care they need.

I have resided at my facility for 16 years. I have discovered that residents who have been at a facility for six months or less are convinced that everything told to them by marketing directors is what they will experience. That is why information gained from actively participating in family councils will give residents the information they require and a platform to share that information with other members of the family council and have their concerns take up by the group.

What does the future hold for family councils? The success of some motivated residents in a Northern California CCRC resulted in a small group that has been invited to participate in the process of recruiting a new executive director. They will be interviewing all applicants and reviewing their qualifications. One of the concerns was that a lack of inclusion in the decision making process. So this is a big step forward. Two members from the family council and two members from the resident board will be involved in the process. The family council has also initiated a support group for family members of residents of the dementia unit. In my opinion, these developments point the way that social workers can help families who are looking for long term care for their loved ones. If a CCRC has a family council, family members should favor such a facility.

Professor Hyatt is an AARP California policy advisor. Professor Hyatt can be seen on YouTube on the USC School of Social Work website at https://www.youtube.com/watch?v=CMrC6o6Rm04