COVID-19 is spreading quickly through communities housing seniors and those living with disabilities, including nursing homes, assisted living facilities, senior housing, and group homes. The Boston Globe reported that more than 41 percent of state coronavirus deaths come from long-term care facilities. Without prompt testing of all residents and staff, it is impossible to properly treat the infected and safeguard the uninfected.
As an elder law attorney, it is deeply frustrating that I have no authority to help my clients and their loved ones who reside in these communities get the testing, information and treatment they desperately need.
Families can, however, become zealous self-advocates. They can give a voice to the most vulnerable populations in our society.
First, if you cannot get clear information from the facility regarding COVID-19 testing or results for both residents and staff, contact your state representative and state senator (malegislature.gov/search/findmylegislator) to request that they pass the bill introduced by Representative Balser that would compel facilities to regularly report positive tests and mortality data to the state.
Second, send a letter or email to the facility leadership to request the information and actions you desire. Keep a copy of the letter. Be sure to include your full name, the name of the resident, the date, your address, and your legal authority for requesting this information (Health Care Agent or power of attorney for the resident).
Third, contact Governor Baker’s office, the state Department of Public Health, your Congressional leaders, the Veterans Administration (if the resident is a veteran), and the White House (www.whitehouse.gov/get-involved/write-or-call/). Demand immediate testing (and transparency with the results) and protective gear for the staff.
Fourth, maintain clear copies of your loved one’s Health Care Proxy and HIPAA medical records release (if any). Keep a scanned copy so you can email it to a hospital if needed. If no Health Care Proxy or other estate planning exists, contact an elder law attorney to get it done ASAP.
Fifth, talk to your loved one’s physician regarding the option of signing a Medical Order for Life-Sustaining Treatment (MOLST) and a Do Not Resuscitate (DNR). COVID-19 treatment can present challenging choices for families so these forms can help ensure that the resident’s wishes are respected during any such medical treatment.
Sixth, ask the facility to bring your loved one to a safe space in the facility where they can look out a window or door to see you while you stand safely outside. Alternatively, see if the facility can help you see your loved one through a video call app like FaceTime or Zoom.
The staff helping residents in these communities are being pushed to their limits. They have limited resources including protective gear, limited staffing as staff-members fall sick, and limited training for battling a vicious virus like COVID-19.
Most experts believe that COVID-19 will continue to pose a health threat for many months or longer. Following these self-advocacy steps can help families push for speedier testing, improved transparency, enhanced protective gear, and better infection control training and protocols.
Patrick G. Curley, Esq.
Curley Law Firm LLP
Wakefield
