Assisted Living, Erratic Regulation
With No Federal Regulation And Limited State Laws, Negligence Cases Are Growing
-
Play CBS Video
Video
Aging In The Shadows
Experts say there are a growing number of negligence cases in assisted living facilities. The reason may be that these facilities are not subject to any federal regulations. Armen Keteyian reports.
-
Video
Assisted Living Options
Paul Williams, Director of Public Policy for the Assisted Living Federation of America, talks about the benefits of state-regulated assisted living.
-
Interactive
Social Security
How it works, the shortfall and Bush's proposal, and facts on recipients.
At age 83, Mike Camarata was healthy and active — but dementia had turned him almost childlike. So his family placed him in an assisted-living facility in Michigan because it would feel more like home, CBS News chief investigative correspondent Armen Keteyian reports.
"They encouraged you to wander around," says daughter-in-law Mary Camarata. "He would go in the refrigerator and drink orange juice out of the jug."
In April 2004, Mike Camarata drank from a jug he found in an unlocked kitchen cabinet. But he wasn't drinking juice — it was a toxic, industrial dishwashing detergent containing lye.
"The chemical just literally burned his entire mouth and then burned him all the way down," says Dennis.
Four days later, Mike Camarata died what Dennis calls "a horrific death."
So how could a toxic chemical be stored, unlocked, in an Alzheimer's wing? One reason: Unlike nursing homes, the nation's 36,000 assisted living facilities — places designed for seniors who don't need constant medical attention, just a little extra help — are not subject to any kind of federal regulation. A CBS News investigation has found that state laws are literally all over the map.
For example, only 32 states require CPR and first aid certification. Just 24 require a nurse on staff, and Alabama is the only state in which the medical director must be a doctor.Read Armen Keteyian's Reporter's Notebook
Elder Abuse Resources
"No real policies. No real sanctions. No accountability," says
Jules Olsman, an elder-care attorney.
And no way, say elder-care experts and industry insiders, to track what they say are a growing number of negligence cases.
In Pennsylvania, 69-year-old Angelita Torres was an Alzheimer's patient who wandered away from an assisted living facility. She was found drowned in a nearby canal.
In Georgia, 70-year-old Ann Wideman should have been moved from assisted living to a nursing home after she became bedridden. Instead, the facility kept her; she developed a massive bedsores and died from the infection.
"They knew and they didn't do anything about it," says Toni Godfrey, her daughter. "They let her die."
In Michigan, where Mike Camarata died, facilities outnumber inspectors 100-to-1. There is no requirement that staff members for Alzheimer's residents receive any special training. As for regular caregivers, they must be "awake and fully dressed."
Keteyian asked Marianne Udow, the woman in charge of assisted living in Michigan, who writes the laws that basically say "awake and fully dressed" is enough in some people's mind to provide resident care.
"Those are probably old regulations," she says. When told that they date from March 2006, she adds that the laws "probably been in place for many, many years and have not been updated."
When asked if families know what the quality or lack of quality of some of the care is in the state's assisted living facilities at the moment, she says, "I think they don't."
After Mike Camarata's senseless death, the state's only response was a letter, asking the facility if a "corrective active plan" was implemented.
"So you're father's death boils down to a 'don't do this again' memo?" Keteyian asks.
"Pretty sad, isn't it," says Dennis Camarata.
Correction: This story was updated Nov. 14, 2006, to reflect new information from the state of Minnesota. Minnesota recently implemented laws specific to assisted living that include background checks for all staffers and a nurse on-call at all times; last week the state confirmed to CBS News it had no staff requirements.
©MMVI, CBS Broadcasting Inc. All Rights Reserved.
Video and Galleries from CBS News Investigates
- Latest in CBS News Investigates
- Study: Many With Breast Cancer Overtreated
- Oil Exchange Favors Dodd in Donations
- U.S. Moves to Shed Light on "Dark Markets"
Read Armen Keteyian's Reporter's Notebook



People never want to take responsibility when their decisions, even made with the best intentions, leads to something bad happening.
There are many wonderful Assisted Living Companies out there check out ALC, Merrill Gardens, The Arbor Company, Elmcroft etc.
Yes negitive news makes the news, telling of the millions of seniors that are enjoying life at facilities across the nation, that are being assisted and having a great life is noteworthy but not newsworthy.
I am proud of the industry in general and the quality service provide, I love my seniors and respect them and thier choice of living at an assisted Living Facility, that is a consumer choice not a biased story.
We would appreciate the good with the bad and airing ALFA's comments that you at length interviewed them for. Please do not be onesided in airing news reports. What makes good news and reporting is having all the facts and then reporting on all of them instead of being onesided.
I am very disappointed in the story CBS aired on 11/13/2006 regarding Assisted Living Facilities. Though there are always rouge business people who will operate on the skirt of any regulations, regardless of the industry being looked at and some facilities may operate without clear policies or may lack accountability, the percentage is very low. I personally know of many people who feel it is there life%u2019s work to care for Seniors and try very hard every day to make those being cared for%u2019s live a meaningful experience, not just for the resident of facilities but their families as well.
Your story was a prime example of the news media attempt at grabbing people%u2019s attention with the headline story of %u201Cbad%u201D people not taking care of the frail elderly. Your story was very one sided without information to substantiate any of the claims.
I understand the ALFA was interviewed for the story but your choice to make the news selective, to the point of boarding on censorship, would have limited the sensational story if the whole story was presented. It is a same the producers felt it necessary to exclude any of the information or rebuttals which were given to you during the interview with ALFA. I am deeply disappointed with the lack of balance and I say %u201Cshame on all of you!
At one place, I was shown 3 hospital beds in a room big enough for two and told this was for those who do not have premium insurance for care.
Even more shocking was when I walked through a sunny outdoor yard and large deck into a cramp and dark nursing home. I set off a very loud alarm when I opened the door. Although I was inside using the phone for several minutes, the alarm remained on! In the hall I saw some residents in wheel chairs parked facing the wall.
When I opened the door to leave, the alarm went off again! I wish there is something that can be done.
Assisted living makes a real difference in quality of life for seniors. Families overwhelmingly claim that having their loved one live in an assisted living residential setting gives them peace of mind. Staff is trained, dedicated and professional.
Katie, please consider this analogy: You are known as as a proponent of colonoscopy screening. I cannot believe that you would choose to report only on those screenings that caused bowel tears or infection, when the majority of screenings were without incident and saved lives.
Assisted living makes a positive impact on seniors' lives. Please present fair reports.
I would like to respectfully request that the "other side" of the story be told, including ALFA's comments that were edited out.
I would like to respectfully request that the "other side" of the story be told, including ALFA's comments that were edited out.
I would like to respectfully request that the "other side" of the story be told, including ALFA's comments that were edited out.
There are good homes out there but they are few and far between, just as the good and caring staff members are few and far between. Pay levels are too low to attract and keep a sufficient number of good quality people.
The commenter%u2019s point out all the regulations they have. That's mostly true. But there is little to no oversight or enforcement. It's easy to have a good record when no one's checking. Most abuse and neglect goes unreported by the industry. When the only penalty is a letter or a $300 fine, you%u2019d better believe the industry has learned that neglect is far more profitable than adequate training, adequate staffing levels, self-governance, etc.
Worst of all are the commenter%u2019s trying to shift blame back to the families. The homes charge a LOT of money, market themselves as providing appropriate care, make promises and let's not forget those regulations. This is their job and responsibility and they fail on an inexcusable scale daily. Shifting blame is absurd.
Mr. Keteyian was far from being too harsh, I believe he barely scratched the surface. Change needs to happen now so our loved ones get the care, safety and respect they deserve.
The doctor who prescribed the meds insisted her "dementia" was progressive, suggesting we "trick" her into going to a nursing home(he actually winked when he said this)and he recommended a home in which I know he has established a very lucrative practice.
How many doctors like him are out there, preying on the elderly by prescribing medication that makes them appear "demented"? How many nursing home residents are simply overmedicated by geriatric practitioners and how many families believe these doctors?
It is a scene that is played out daily in doctors' offices across the country. As the boomer generation moves into their golden years, the time has come to subject the standards and practices of geriatric medicine to closer scrutiny. And to bring it to the attention of the general public.
Although, I feel very badly about the outcome of the three residents in the report and do hold the facilities to a higher degree of liability, these three people had no business being in an assisted living facility. At no time, have I ever brought a resident in because I had an apartment to fill or kept a resident because there was no one on the wait list.
Your "investigative" report has frightened families and may cause many to keep their loved ones at home longer. Caretakers of dementia residents are often burned-out by the constant care demands and some may abuse out of frustration. Your report was one-sided and you owe those of us who do a great job a voice. The public would have been better served if they were given some information about how to make the best decision for appropriate placement of their loved one.
However, I do not understand the neglectful way the media presented the story. It almost came across that ALL assisted living facilities were amoral in the care they provide their residents.
In the state of Florida, the state regulations are written for the protection of the residents. I believe that every possibility is covered. Let me assure you when a state survey is performed they do not cut anyone any slack for any infraction and you are not simply slapped on the wrist. Providers know that they are held to high standards and if they cannot live up to those standards they should not enter the assisted living arena and if they do, they won't last long unless their standards meet the state requirements.
There may be states that do not require high standards and that is wrong. But please do homework and give credit to the states that are striving to meet the needs of our true assets - our elderly.
What CBS has showed is the worst that could happen. To assume that all facilites provide this type of care to their residents is wrong.
I have been employed over the years for several companies and have worked side by side with incredible caregivers, nurses, and other providers who ensure that their residents are given the love, dignity, and respect that they deserve.
How about airing a follow up story showing the other side of the coin? You will without a doubt find thousands of families and residents who are extremely happy with the care that they recieve.
Three tragic stories were told, but we know that those are anomalies, not the norm. The assisted living industry is state-regulated, not a bad thing. They are not nursing homes, they do not need physician leadership, nor RN's on duty. If people need daily RN assessment, they should be in skilled nursing facilities, not assisted living. ACF's provide help with dressing, bathing, meals, housekeeping, laundry, medication administration and activities. A safe place to be when they can no longer be safe at home. And living with families is not always optimal. They are sometimes left alone frequently, and family dynamics often prove stressful for everyone.
Every industry has good and bad, in ours it is certainly the good that prevails. Your news story was more like a tabloid story, with sensationalism and catch phrases like, "Assisted living business, risky business?" Oh, dear.
Would you please consider doing the story again, but with a more equal content?
The fault is entirely with the facility. What would the other side of the story be? Mr. Camarata should have known better? Those here defending and shilling for the ALF industry, should be ashamed.
My question is what was left on the "editing room floor" as programs such as this one are produced and edited. Witnessing the loving care of a nurse, aide or visitor is also important. Observing the way we preserve the dignity of those who need us most is important and newsworthy.
Katie, et al, you owe it to the public to show the balance that you know exists.
We welcome you to Sarasota to spend not just a few minutes, but perhaps a few days to view our care at Plymouth Harbor which I believe is more representative of long-term care. Send someone in undercover, but if you do a story ("60 min. style") may I have an opportunity to sit in on the editing session to make sure what you show has balance?
Respectfully,
Harry Hobson
As a nursing home administrator with over 20 yrs of experience, I would pose the following question. Where are the families? The only good I see coming from the lopsided report, is to encourage families to do some research before placing a loved in any tpye of living facility. My wife is the administrator of an ALF. Just last week she was offered 2x the going rate if she would take back a resident (dementia)that she had to discharge because the ALF could not meet her needs nor provide a safe environment.
Having operated 5 LTC centers and filled 10 interim positions, I observed that the best care was always provided by the facilities that had the most interaction with the families. As a former educator, I can make the same observation. In most cases, parental involvement resulted in a better learning environment.
The whole concept of involvement is called teamwork.
Unfortunately we spend more time shopping for a new car than we do for healthcare for a loved one or daycare for our children. Care and safety should take presedence over location and convenience. Thank you. Augie Pepple
-
by mlhunt
November 18, 2006 6:39 PM PST
- The problem I have with ALFs is that they accept people who need far more help than they are prepared or equipped to provide. Most of the ads and websites for ALFs show people who are able to get around easily by themselves and just need some help with housework and other simple assistance. But many ALFs are now claiming to have "specialized memory care units" designed for people with Alzheimer's. When ALFs start taking in people with advanced dementia and other complicated medical issues, they are dealing with situations that would be better handled in a nursing home. The results are the types of tragedies documented in this story, as well as in articles that have appeared in the Washington Post, USA Today and many other publications. It is not at all unusual for patients to suffer fatalities in ALFs, but the facilities seldom face serious consequences. They need the same regulations as the nursing homes.
-
Reply to this comment
-
See all 42 Comments