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8 Cardozo Pub. L. Pol'y & Ethics J. 179 (2009-2010)
Patient Neglect in Nursing Homes and Long-Term Care Facilities in New York State: The Need for New York to Implement Programs and Procedures to Combat Elder Neglect

handle is hein.journals/cardplp8 and id is 181 raw text is: PATIENT NEGLECT IN NURSING HOMES AND LONG-TERM CARE FACILITIES IN NEW YORK STATE: THE NEED FOR NEW YORK TO IMPLEMENT PROGRAMS AND PROCEDURES TO COMBAT ELDER NEGLECT Amanda Bassen* Introduction .................................................. 179 I. Scope of the Problem Nationwide and in New York State ................................................. 183 II. The Background and History on Elder Neglect ........ 188 A. Neglect Defined .................................. 188 B. Federal and New York State Attempts to Eliminate Elder Neglect in Nursing Homes: Combating Elder Neglect from the Top Down ...................... 189 III. The Inadequacy of the New York State and Federal Legislation Addressing Elder Neglect ................... 193 IV. Proposed Changes to New York State Elder Neglect Law s ................................................. 202 C onclusion ................................................... 207 INTRODUCTION The Horden1 family placed Anne, its cherished family matriarch, into a nursing home knowing it was the only way to ensure she would receive proper care and medical treatment. The Hordens were painfully aware that it would be her home for the rest of her life, because Anne could no longer care for herself. She could not speak as the result of a tracheotomy. She could not walk, because of the extensive amount of time she had spent in bed in the hospital and the damage she had suf- fered from recent strokes. The Hordens were just thankful she was alive after all of the medical complications she endured over the past few months, and thought the best decision was to place her in the hands of professionals who specialized in providing for patients who needed long- term care. Because of Anne's tracheotomy, she needed especially fre- quent attention so that the area surrounding the hole in her neck could J.D. Candidate, Benjamin N. Cardozo School of Law, 2010. I The names have been changed to protect the privacy of the family.

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