Legal Considerations For Assisted Living Facilities

The elderly population in the United States will expand drastically over the next few decades; indeed, the number of persons aged 65 or older is expected to swell to approximately 19 percent of the nation’s population by 2030--a staggering statistic in light of the fact that the present population of elderly people constitutes fewer than 13 percent. Largely because of this fact, long-term care for this population is becoming increasingly important. Traditionally, elderly persons who lost the ability to fully care for themselves would enter a healthcare facility known as a nursing home. However, a relatively new alternative exists in the form of the assisted living facility ( ALF ). ALFs are the fastest growing form of residential care for the elderly. Between 1998 and the present, the total number of ALFs in the United States increased from around 11,459 to nearly 40,000. This option originated as a market response to emerging demographic trends... and consumer demands, and as such, is expected to bear the brunt of the expected growth in elderly populations

Legal Considerations For Assisted Living Facilities

The elderly population in the United States will expand drastically over the next few decades; indeed, the number of persons aged 65 or older is expected to swell to approximately 19 percent of the nation’s population by 2030--a staggering statistic in light of the fact that the present population of elderly people constitutes fewer than 13 percent. Largely because of this fact, long-term care for this population is becoming increasingly important. Traditionally, elderly persons who lost the ability to fully care for themselves would enter a healthcare facility known as a nursing home. However, a relatively new alternative exists in the form of the assisted living facility ( ALF ). ALFs are the fastest growing form of residential care for the elderly. Between 1998 and the present, the total number of ALFs in the United States increased from around 11,459 to nearly 40,000. This option originated as a market response to emerging demographic trends... and consumer demands, and as such, is expected to bear the brunt of the expected growth in elderly populations

The Association Between Electronic Bullying and School Absenteeism Among High School Students in the United States

BACKGROUND: This study examines the relationship between exposure to electronic bullying and absenteeism as a result of being afraid. METHODS: This multivariate, multinomial regression analysis of the 2013 Youth Risk Behavior Survey data assessed the association between experiencing electronic bullying in the past year and how often students were absent in the last month due to feeling unsafe at/in transit to school. The model controlled for other predictors of school absence including demographics, physical / behavioral health, and risk factors. Missing data were multiply imputed. RESULTS: Electronic bullying was significantly associated with absences. Controlling for model covariates, the relative risk of missing one day of school was 1.77 times higher, the relative risk of missing two to three days of school per month increased by a factor of 2.08, and the relative risk of missing four or more days of school per month increased by a factor of 1.77 for those who experienced electronic bullying in the past year compared with those who were not electronically bullied. CONCLUSIONS: Electronic bullying’s association with absenteeism places it among already recognized negative influences such as depression and binge drinking, necessitating schools to implement policies to mediate the resulting harmful effects

Rethinking Criminalization of HIV Exposure – Lessons from California’s New Legislation

Laws that criminalize certain behaviors on the basis of the person’s HIV status have long been challenged as ineffective prevention measures that harm public health. They are nevertheless widespread: according to the Center for HIV Law and Policy, 34 states have HIV-specific criminal statutes, and 23 have applied more general laws (e.g., against assault with a deadly weapon) in order to criminalize HIV exposure. Most of these laws don’t reflect current evidence regarding protective factors such as antiretroviral treatment (ART), and many encompass behaviors that carry negligible risk

How Congress Can Help Raise Vaccine Rates

2019 saw an unusually high number of measles cases, and other preventable disease outbreaks, at least in part linked to vaccines refusal. States are considering legislative responses. This Essay examines what role the federal government can fill in increasing vaccines rates. The Essay suggests that the federal government has an important role to fill in funding research, coordination, and local efforts. It also suggests that a federal school vaccine mandate is likely not the solution: first, such mandates can run into plausible constitutional challenges, and second, there are policy arguments against it. The policy contentions include the unfairness of imposing a mandate before solving access problems throughout the country, the risk of a federal mandate that is weaker or stronger than the state requirement, and the risk that a conditional mandate will lead to states losing funding needed to prevent outbreak, ending with the ironic result of more outbreaks as a result of such a law

Legislative Prescriptions for Controlling Non-medical Vaccine Exemptions

Author's manuscript

Mining social media and web searches for disease detection

Web-based social media is increasingly being used across different settings in the health care industry. The increased frequency in the use of the Internet via computer or mobile devices provides an opportunity for social media to be the medium through which people can be provided with valuable health information quickly and directly. While traditional methods of detection relied predominately on hierarchical or bureaucratic lines of communication, these often failed to yield timely and accurate epidemiological intelligence. New web-based platforms promise increased opportunities for a more timely and accurate spreading of information and analysis. This article aims to provide an overview and discussion of the availability of timely and accurate information. It is especially useful for the rapid identification of an outbreak of an infectious disease that is necessary to promptly and effectively develop public health responses. These web-based platforms include search queries, data mining of web and social media, process and analysis of blogs containing epidemic key words, text mining, and geographical information system data analyses. These new sources of analysis and information are intended to complement traditional sources of epidemic intelligence. Despite the attractiveness of these new approaches, further study is needed to determine the accuracy of blogger statements, as increases in public participation may not necessarily mean the information provided is more accurate

The Americans with Disabilities Act and Healthcare Employer-Mandated Vaccinations

Battles around workplace vaccination policies often focus on the annual influenza vaccine, but many healthcare employers impose requirements for additional vaccines because of the increased likelihood that employees in this sector will interact with populations at increased risk of acquiring or experiencing harmful sequelae of vaccine-preventable diseases. The federal Centers for Disease Control and Prevention and many states recommend healthcare employees receive numerous vaccines, including measles, mumps, and rubella (“MMR”); tetanus, diphtheria, and pertussis (“Tdap”). However, recent outbreaks of once-eliminated diseases that are now resurgent and the rising antivaccination movement raise questions about how far employers can go to mandate vaccinations. While healthcare institutions are increasingly mandating that employees receive vaccinations, employee objections to vaccines, including litigation, have increased in recent years. Employer policies must comply with the Americans with Disabilities Act (“ADA”), which prohibits discrimination on the basis of disability. Although the ADA permits mandatory vaccine policies under certain circumstances, employers must consider reasonable accommodations, which are changes to the job or work environment that permit the employee with a disability to perform the essential functions of the job, within certain limits. This article analyzes two recent cases which suggest how employers seeking to protect their workforce and the patients they serve by requiring vaccines can work within the framework of the ADA to implement these policies