What About Tennesse Dept. of Human Services Abuse of the Elderly and Their Families?

The second, and generally far more expensiveTennessee Department of Human Services' (DHS)
type, is a 'made to measure' or 'curved trackDivision of Protective Services has a staff of only
stairlift' which can travel around bends on the83 to cover Tennessee's 95 counties. Juxtaposed
stairs and can be made to run on to the landing.this way, the Associated Press story implied that
Prices vary according to the length of the stairs,abuse of the elderly in Tennessee is growing, the
the number of bends and the complexity of thestate has far too few resources devoted to the
bends.problem, and by implication the state needs to
It is worth noting that although far morerearrange its priorities and spend more, much
expensive, the resale value is negligible, as the railmore, on adult protective services.
is made to measure and can only be re-installedThis perspective was echoed by state Rep. David
on an identical staircase.Shephard, D-Dickson, who was quoted in the
Curved track stairlifts can be fitted on either sidearticle as saying, "We are looking at a problem
of the stairs, the layout of your staircase willthat is going to get bigger as medical advances
determine which is most suitable. If you need acontinue and people live longer." State Rep. Dennis
curved track stairlift you will need to pay aFerguson, D-Kingston, who chairs the House
deposit to the company that you are dealing with.Health and Human Resources Committee, shifted
This will normally be about 30% of the cost ofthe focus to preventing fraud perpetrated on the
the lift. The deposit is required because theelderly: "A lot of time people are getting old and
company are committing themselves to building athey don't have a family and people take
stairlift rail that will only fit into your house. Youadvantage of that. They go over and say 'We
should not have to pay a large deposit if youwant to help you' and the first thing you know is
order a standard straight lift as these can usuallythey have their checking account and run through
be adapted to suit another staircase.their money."
In certain circumstances it is possible to fit aWhile it is true that fraud and other scams
straight stairlift on stairs that have a turn at theperpetrated against the elderly is a serious and
top. For example if you have a straight run ofgrowing national problem, the extent of physical
stairs with three steps winding onto the landing.abuse and neglect of the elderly in Tennessee
Or a straight flight and a quarter landing with twoneeds further scrutiny. The source of the
more steps, a folding platform stairlift could beAssociated Press's "40% increase" figure is none
the solution. A straight stairlift is installed withother than the Tennessee DHS. After reviewing
extended legs, so the footrest stops in line withhow DHS classifies complaints, reasonable people
the landing. A solid wooden platform is then builtmay conclude that DHS is not properly closing its
around the footrest of the lift. This platform cancases.
then be used to walk safely onto the landing. TheIn the spirit of the Health Insurance Portability and
platform is hinged so that it can be folded backAccountability Act of 1996 (HIPAA), The
against the wall to enable other people in theTennessee Law Times has constructed the
house to use the stairs.following composite scenario based on actual
It is also possible to have a powered platform socases that we have investigated and verified are
the user doesn't have to bend to raise it. Pleasetrue. This composite scenario respects the
note that the folding platform option is notprivacy rights of both medical patients and DHS
suitable for everyone. If you are prone to dizzystaff, who may not want to be identified by
spells or feinting or if you have very poor mobilityname. The paper recognizes that some DHS staff
this is not a viable option. Seek independentmay have been directed to take actions that
advice.violated their own sense of ethical standards and
The second, and generally far more expensivefair play.
type, is a 'made to measure' or 'curved trackComposite Case. An elderly patient with a broken
stairlift' which can travel around bends on thehip was placed in a nursing home to recuperate
stairs and can be made to run on to the landing.following his hip repair surgery. The orthopedic
Prices vary according to the length of the stairs,surgeon initially places orders for nurses that the
the number of bends and the complexity of thepatient should not place weight on the leg
bends.associated with the repaired hip. Over time the
It is worth noting that although far moresurgeon changes the orders to allow 25% weight
expensive, the resale value is negligible, as the railbearing, then 50% weight bearing, as the bone
is made to measure and can only be re-installedheals and the patient needs more physical
on an identical staircase.therapy. Eventually, the surgeon is to allow full
Curved track stairlifts can be fitted on either sideweight bearing on the leg with the repaired hip.
of the stairs, the layout of your staircase willThrough negligence of the nursing home, the
determine which is most suitable. If you need apatient is not brought to the surgeon for a
curved track stairlift you will need to pay ascheduled follow-up appointment. Consequently,
deposit to the company that you are dealing with.the surgeon's 50% weight-bearing instruction is
This will normally be about 30% of the cost ofleft on the patient's chart long after the doctor's
the lift. The deposit is required because theorder has become stale and the patient is seen
company are committing themselves to building awalking on his own without assistance using both
stairlift rail that will only fit into your house. Youlegs.
should not have to pay a large deposit if youA family member visits the patient in the nursing
order a standard straight lift as these can usuallyhome and helps him walk by providing assistance
be adapted to suit another staircase.with his arm. A physical therapist at the nursing
PART I: Physical Abuse of the Elderly vs.home and his assistant witness the patient walking
Tennessee DHS Abuse of Familieswith the family member, and they claim the
During the week of October 26, 2003,family member was encouraging the patient to
newspapers across the state of Tennesseeput full weight on his leg. The following day a social
published an Associated Press story that featuredworker at the nursing home phones in a complaint
the glaring news headline, "Reports of neglect andto the Tennessee DHS Adult Protective Services
abuse of senior citizens up 40% in six years." Theunit.
second sentence of the story indicated the