Category Archives: Caregiving – General

A blog in today’s Caregiver Space (thecaregiverspace.com) briefly describes three medical laws “all caregivers should know about,” including HIPAA, the Stark Law, and legal documentation laws (covering power of attorney, living will, and healthcare proxy).

Robin

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thecaregiverspace.org/3-medical-laws-caregivers-know/

3 Medical Laws All Caregivers Should Know About
by Kayla Matthews
Jul 5, 2017
The Caregiver Space

Medical laws change, but it is important to stay current if caregiving is a responsibility you’ve undertaken for a family member or if it is your profession. There are documents you will need to provide physicians with, as well as decisions to make regarding treatments and facilities.

Here are three of the big ones:

1. HIPAA
HIPAA, the Health Insurance Portability and Accountability Act, came into being in 1996 to help patients gain control over their private information. Only the minimum amount of patient information is available to entities, including caregivers, insurance companies and other health care facilities, unless otherwise directed by the patient.

HIPAA protects patients and holds people accountable for violating the law and patients’ privacy. A violator could spend time behind bars and/or pay a steep fine. However, if a patient requests that their adult child or caregiver accompanies them to a physician appointment or tests, then the provider can release the information. It is clear the patient wants this person to know about their private health information.

The physician has the right to choose who to give pertinent information to if something happens to the patient and they are unable to respond, such as permanent unconsciousness. Even with HIPAA laws in effect, you may want to talk with your patient about a written directive to avoid any miscommunication.

2. The Stark Law
If your patient or loved one is living in a skilled nursing home or assisted living facility, understanding The Stark Law is critical. To avoid conflict of interest and financial kickbacks, The Stark Law puts into effect the protection of Medicare and Medicaid patients. The law states physicians cannot refer patients to a clinic, laboratory or facility and order services in which the provider will receive financial gain in return. This includes a member of a provider’s family.

For example, a physician may be violating The Stark Law if they refer a Medicaid/Medicare patient to a nursing home owned by the physician’s adult child. You want to ensure your patient is receiving the best care and not receiving unnecessary treatment. The Stark Law works to protect patients from unethical practices by enforcing civil fines and penalties and excluding violators from federal health care programs.

If you suspect a physician or facility is violating The Stark Law, you can report the incident to the Office of Inspector General.

3. Legal Documentation Laws
As a caregiver, legal documents are an important part of your responsibility. Your role as a caregiver can be severely limited without proper legal documentation. The following are a few documents you should have on hand and provide copies to your patient’s service providers.

* Power of Attorney: As power of attorney, you can make medical and financial decisions for your loved one as needed. This document allows you to pay bills on behalf of your patient and make decisions regarding treatments when they no longer can make these decisions on their own.

* Living Will: Experts suggest creating a living will before the need arises. This document provides a written record of the patient’s wishes regarding life support and treatments and removes the emotional factor during a crisis.

* Health Care Proxy: If the patient prefers, they can assign a power of attorney to handle their financial responsibilities and a health care proxy to make medical decisions for them regarding treatments. A health care proxy is only used when the patient is permanently unconscious or is in the latter stages of a mental illness.

An elder-law attorney can explain the details of each of the medical laws concerning seniors and caregivers, as well as oversee the legal documentation you need. Before making decisions on behalf of your patient or loved one, make sure you are up-to-date with any changes to the laws.

About Kayla Matthews
Kayla Matthews is a health journalist and blogger with a passion for helping others. In addition to The Caregiver Space, you can also find her on The Huffington Post and Tiny Buddha.

Donna Thomson is a caregiver who lives in Canada and writes a blog called “The Caregivers’ Living Room” (donnathomson.com).  This post contains advice from an aboriginal Canadian, Caleb Musgrave, who teaches wilderness survival skills.

Here’s an excerpt:

“Caleb Musgraves says, ‘Survival in all environments is all the same thing.  It’s 90% psychological.  It’s all about how your mind deals with certain stresses at certain times.’  When circumstances become hellishly hectic and challenging, Musgrave insists that in order to survive, you need to slow down and process what’s happening. So, what’s Caleb Musgrave’s secret to survival?  It’s the process called STOP – Stop, Think, Observe, Plan.”

Robin

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www.donnathomson.com/2017/03/survival-skills-for-stressed-out.html

Survival Skills for Stressed Out Caregivers
Wednesday, 15 March 2017
The Caregivers’ Living Room – A Blog by Donna Thomson

This is a reprint of a post from a couple of years ago. I think it’s worth publishing again, because the lessons about stress management from First Nations peoples are so helpful.

I’ve just come from our family cottage in the north woods of Quebec.  It’s peaceful there – a place for reflecting and remembering.  My Nana built our cottage in the 1920s and my memories are of her making my toast on the woodstove with the sunlight dancing through the wood-framed window.

But the woods can be scary sometimes.  Once, I got lost.  I went for a walk by myself and followed a path I didn’t know.  I was surrounded by unfamiliar wild meadows and swamps I had never seen.  Just the birds were my company and suddenly, I felt afraid.  It took me four hours to find my way home.  A caregiving life can be like that.  One day, everything seems normal and calm.  Suddenly with a new diagnosis, we are lost without a guide.

Recently, I heard a wilderness survival expert on the radio.  Caleb Musgrave is an aboriginal Canadian who runs a company called Canadian Bushcraft.  He teaches professionals how to survive in the wild.  Apparently, these skills easily translate to the chaos of trading floors and the frenetic pace of high tech startups.  I sat down and began to listen more intently, thinking, “maybe there is something here for caregivers.”

At about minute 23 in this episode of Definitely Not the Opera on CBC Radio, Caleb Musgrave offers his advice on how to move forward when things go terribly wrong.  “Survival in all environments is all the same thing.  It’s 90% psychological.  It’s all about how your mind deals with certain stresses at certain times.”  When circumstances become hellishly hectic and challenging, Musgrave insists that in order to survive, you need to slow down and process what’s happening.

So, what’s Caleb Musgrave’s secret to survival?  It’s the process called STOP – Stop, Think, Observe, Plan.  Stopping is the first key element in Musgrave’s stress survival training.  “Breathe, perhaps drink some water – your brain functions better with water,”  he advises.  Observe the situation.  What are the stressors?  Look around to see what might help you in your situation.  Then, plan.  “Do I ask someone to help me?  Can I manage this situation on my own?”  Musgrave says that asking oneself all these questions helps to alleviate stress and lay the groundwork for helpful action.

Our aboriginal cultures can teach us many valuable lessons about family, survival and resilience.

These “caregiver survival tips” were written by a primary care physician. The tips include:

* reward yourself
* confide in your doctor
* accept help
* be open to change
* trust your gut
* seek support
* stand up for yourself
* get connected

The tips were posted to a caregiving blog called “The Caregiver’s Voice” (thecaregiversvoice.com). Someone in our local support group shared a link to this blog with me today.

You can find the blog post here:

thecaregiversvoice.com/tips-caregivers/caregiver-survival-tips/

Caregiver Survival Tips
12 Apr 2017
Romilla Batra, MD at SCAN Health Plan
The Caregiver’s Voice

Robin