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Brown Borkowski & Morrow
  • Home
  • Firm Overview
    • Why Hire Us?
  • Our Team
    • Attorneys
      • Susan Leigh Brown
      • Thomas J. Borkowski, Jr.
      • Matthew N. Morrow
      • David James Eagles
      • Mary A. Mahoney
      • Sara Gorman Rajan
    • Support Staff
  • Practice Areas
    • Business & Corporate Law
    • Business Property Tax Appeals
    • Family Law
    • Estate Planning
    • Probate & Estate Administration
    • Trust Administration
    • Elder Law
    • Real Estate Law
    • Insurance Defense
  • Attorney Referrals
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A GREAT LEGAL TEAM TO GUIDE YOU

Nursing home abuse protections don’t extend to assisted living

On Behalf of Brown Borkowski & Morrow | Mar 30, 2022 | Elder Law |

Residents of Michigan may want to learn more about how the abuse protection given to nursing homes does not apply to assisted living facilities. Nursing homes usually get federal money while assisted living oversight depends on the state where the facility has a location.

According to AARP, the industry of assisted living has rules that vary from state to state. In addition, assisted living facilities outnumber nursing homes by nearly two to one.

Centers for Medicare & Medicaid Services relies on states

Rules for reporting are far weaker for assisted living than federal rules for nursing homes as shown by a government study. An example is that a nursing home where there is abuse must notify law enforcement within a specific time period. On the other hand, there is no such rule for assisted living facilities.

Agencies lack systems for data

State agencies cannot accurately report the number of abuse cases because they lack systems for collecting data. The number of physical, emotional and sexual abuse cases does not receive tabulation. Some of the abuses found in states include the following:

  • Unexpected or unexplained deaths
  • Unauthorized use of restraints
  • Police or doctor referrals to adult protective services

Some abuse that occurs in assisted living

If residents suffer abuse or mistreatment, they may receive protection through state elder law. There are some maltreatment signs that visitors to an assisted living facility can look for. They include the following:

  • Fear and intimidation by staff
  • Injuries such as bruising, bedsores or broken bones
  • Lack of cleanliness, unkempt appearance and body odors
  • Mood changes and crying, despondency or embarrassment
  • Weight loss and food that is below par

You may think that the government protects assisted living facilities the same way that federal protection has enforcing in nursing homes. However, assisted living facilities report to their state, not the federal government, which may be lax when abuse occurs. It’s important to pay attention to your loved one and be aware of the signs of potential abuse or neglect.

Key commercial lease clauses Michigan business owners must know

On Behalf of Brown Borkowski & Morrow | Jun 6, 2025 | Real Estate Law

Leasing commercial space is an important step for your business. Before signing, make sure you fully understand what you are agreeing to. A commercial lease is a contract that can affect your establishment for years. The terms can increase costs, limit your options or...

No will? What parents should know about their children’s future

On Behalf of Brown Borkowski & Morrow | Jun 4, 2025 | Estate Planning

If something happens to you tomorrow, will your children be in good hands? Estate planning may sound like a lot of work, but more than anything, it is an act of love and responsibility. It is about protecting your children’s future, ensuring their best interests long...

Probate vs. non-probate assets: What is the difference?

On Behalf of Brown Borkowski & Morrow | Jun 2, 2025 | Estate Planning

When someone passes away in Michigan and there is no will in place, their representative settles their estate according to probate laws. An essential part of that process is understanding the difference between probate and non-probate assets. Knowing what does and...

What is Michigan’s law on tenant rights and eviction?

On Behalf of Brown Borkowski & Morrow | May 20, 2025 | Real Estate Law

If you're a tenant in Michigan, understanding your rights is essential. Tenant rights laws are designed to protect you from unfair treatment and ensure that landlords uphold their responsibilities. In Michigan, there are rules that govern the landlord-tenant...

What is a special needs trust?

On Behalf of Brown Borkowski & Morrow | May 16, 2025 | Estate Planning

A special needs trust helps ensure that your loved one with disabilities receives the support they need while protecting their eligibility for government benefits. These trusts are specifically designed to preserve access to programs like Medicaid or Supplemental...

How is business debt handled during a divorce?

On Behalf of Brown Borkowski & Morrow | Mar 21, 2025 | Family Law

Going through a divorce is challenging, especially when you own a business. Business debt can complicate the process, and understanding how you’ll handle it can make a difference in your settlement. If your business has debts, it’s important to know how those...

How can companies prevent IP theft in the digital world?

On Behalf of Brown Borkowski & Morrow | Mar 7, 2025 | Business & Corporate Law

Businesses use intellectual property (IP) to stay ahead of competitors. IP includes copyrights, trademarks, patents, and trade secrets. These protect creative work, brand names, inventions, and private business information. In today’s digital world, it is easier than...

How does the bundle of rights affect property ownership?

On Behalf of Brown Borkowski & Morrow | Feb 20, 2025 | Real Estate Law

Property ownership includes more than just having a physical structure or land. The "bundle of rights" is a legal concept that explains the different rights attached to real estate ownership. These rights allow owners to use, transfer, and control their property in...

How does Michigan law address parental relocation?

On Behalf of Brown Borkowski & Morrow | Feb 6, 2025 | Family Law

Parental relocation can be a challenging issue after a divorce or custody order. Michigan law has specific rules to ensure that moving does not negatively affect the child’s relationship with both parents. If you share custody and want to move, you must follow legal...

What should seniors know about Medicaid’s look-back period?

On Behalf of Brown Borkowski & Morrow | Jan 23, 2025 | Elder Law

Understanding Medicaid’s look-back period plays a critical role in planning for long-term care. This policy directly affects eligibility for financial assistance with nursing home expenses. Proper planning avoids costly mistakes and ensures access to necessary care....

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Recent Posts

  • Key commercial lease clauses Michigan business owners must know
  • No will? What parents should know about their children’s future
  • Probate vs. non-probate assets: What is the difference?
  • What is Michigan’s law on tenant rights and eviction?
  • What is a special needs trust?

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Brown Borkowski & Morrow
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Address

37887 W 12 Mile Road
Farmington Hills, MI 48331

Ph: 888-757-1681

Farmington Hills Law Office
Brown Borkowski & Morrow
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248-987-4040
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