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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review January 28, 2008 /21 Shevat 5768

Nursing-home resident sees far too much

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q: My 87-year old mother has been a nursing-home resident since she fractured her hip last year. Because she was unable to benefit from rehabilitation, Medicare stopped paying for her care, and she was moved into another room, where she receives skilled care, but she now has a 77-year-old female roommate with an obvious memory disorder. Their beds are no more than 4 feet apart, and only a curtain allows them to have any type of privacy.


Mom has complained that her roommate is on the phone at all hours of the day and night talking to her husband, which keeps Mom awake. We finally met her husband last Sunday during visiting hours. He appeared to be quite a bit younger than his wife and appeared to be drinking. He seemed jovial, but not 10 minutes after he arrived, he pulled the curtain around his wife's bed and they began engaging in sexual relations while my wife and I were sitting there trying to visit with my mother.


The noise was unbearable, and every so often, the curtain would get kicked and the husband's bare feet would go flying in and out. There was no question what was going on over there. My mother, who is very sharp for her age, was quite embarrassed, as were my wife and I.


I went first to the nurse and then to the administrator of the facility and related what had been going on and the effect on my mother and, quite frankly, anyone within earshot. I was also concerned that this man could come to the facility, get confused, and go into the wrong room and possibly rape a patient if he is intoxicated.


The administrator told me that, by federal law, husbands and wives have rights to conjugal visits, and the nursing home could not stop it. I was shocked when I was told that unless and until the husband did something inappropriate, there was nothing that could be done. I have talked to the families of other residents who are also concerned. Are there any actions we can take to prevent this from happening again? I would like to move my mother, but we are told that all the other beds are full.


A: Lists of residents' rights in nursing facilities are included in both state and federal laws with an eye toward protecting the residents' liberties; however, at the same time, while in a nursing-home setting, residents can't have the complete freedoms they enjoyed outside the facility.


The right to privacy is most important, meaning that when care is being given, the door should be closed, the privacy curtain should be drawn, and the blinds or curtains should be closed.


To avoid violating the law, the facility must avoid endangering a resident's health, safety or welfare. That is why humiliation, harassment and threats constitute mental abuse. On the one hand, the facility can't ignore a resident's request that would improve the quality of that person's life. Yet, on the other, such requests must be considered in light of practicality or potential harm to that and other residents' health and safety.


Because federal law guarantees the right of residents to communicate privately and without restriction with chosen persons, the facility must make arrangements to allow private visits, especially where, as with your mother, the residents share a room.


Although "reasonable hours" may be considered to be normal waking hours to most, the facility must allow a visitor to see a resident during odd hours if requested by the resident if an extraordinary situation presents itself. On the other hand, facilities can restrict visitors if, among other things, the visitor disrupts the proper function of the facility.


That said, while the facility must arrange for private meetings between spouses, there should be special arrangements for those in semiprivate rooms to allow conjugal visits. Based upon our research, we believe the facility is remiss in not providing better accommodations for conjugal visits.


Taking the NextStep: In that your mother's roommate appears to be ambulatory, it might be that a separate private room could be made available. Or, in some instances, a resident may be able to leave the facility for a conjugal visit. Your mother's health and welfare must be balanced against her roommate's rights. We suggest that you try again to resolve the matter and, if you can't, we suggest that you contact the long-term care ombudsman and file a grievance or, as a last resort, move your mother to another facility that "keeps a lid" on patients' rights of this nature.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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