*;Except for a $72.66/mo. personal needs allowance, Medicare premiums and possibly a spousal income allowance for a non-applicant spouse, all of a recipient’s monthly income must be put toward the cost of nursing home care.
The VA pays some or all of the cost for many medically necessary nursing home services. Benefits cover some of the most common costs, such as nursing care and therapeutic services. Partial coverage may be provided for some services, though this varies with your service status, disability status and ability to pay. VA benefits may be combined with Medicare and Medicaid for better coverage.
You may be able to access VA inpatient benefits if you are otherwise eligible for VA care at a hospital. If you are a qualifying veteran, your case manager can tell you more about your specific benefits.
Learn more about the VA’s nursing home benefits at VA.gov .
Many private health insurance plans have some nursing home benefits. These vary widely by company, plan and even by location. Be sure to ask your plan representative for definitive information about your benefits.
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Signing a Nursing Home Admission Agreement as a Responsible Party
When a person is admitted to a nursing home, it is often a family member who manages the details of the move. If you are managing a loved one’s transition into a nursing home, you will likely be asked to sign a nursing home admission agreement as your loved one’s “responsible party.” These agreements can be very thick, complicated, and confusing. To make matters worse, you are often asked to sign them as soon as the person is admitted, at a time when you would rather be focused on making sure your family member is comfortable. You are likely to be facing a great amount of stress. Don’t feel pressured to sign an admission agreement on the spot. Take the time to review the document and make sure you understand what you are signing. You do not want to accidentally accept financial responsibility for your loved one’s care or give up any of your loved one’s rights.
Federal law and CT state law prohibits nursing homes from requiring you to guarantee payment of nursing home bills. This means that they cannot require you to sign as responsible party upon your loved one’s admission. Importantly, the your loved one cannot be refused admission due to your refusal to sign. The simplest way to avoid the risk of signing as a responsible party is by having your loved one sign the nursing home admissions agreement him- or herself. If the person is unable to sign due to a severe cognitive impairment or a physical limitation, you may decide to sign on that person’s behalf. If this is the case, there are other things you can watch out for to avoid liability for the nursing home costs. No matter who signs the agreement, it is important to take the time to make sure that person understands what it means.
Even if you are not made personally responsible for a resident’s nursing home costs, an admission agreement may still require a responsible party to use the resident’s assets to pay the nursing home costs and to help the resident qualify for Medicaid. In Connecticut, nursing homes have successfully sued the responsible party under such a contract. The nursing homes argued that the responsible party breached the contract by failing to qualify the resident for Medicaid in a timely manner, unreasonably delaying the Medicaid application process, or improperly transferring the resident’s assets. Even if you are only signing the admission agreement on behalf of the resident under a Power of Attorney, a court may still find that you are a responsible party. If you are managing the financial affairs of a nursing home resident, you need to familiarize yourself with the requirements for Medicaid. You should consult an attorney with Medicaid experience so that you do not unintentionally jeopardize the resident’s Medicaid eligibility and create liability for yourself.
In addition to understanding the implications of signing as a responsible party, there are other provisions to look for when signing a nursing home admission agreement. Keep an eye out for a binding arbitration provision. This type of provision will state that all disputes regarding the resident’s care will be decided through arbitration. You should know that signing such a provision means you are giving up your right to go to court to resolve a future dispute with the nursing home. The nursing home cannot require you to sign such a provision. However, if you do sign a contract including an arbitration provision, it will generally be enforceable.
If you are helping a loved one’s move to a nursing home, getting informed is one of the best ways you can protect your loved one and yourself. If at all possible, consult an experienced Elder Law Attorney before signing any documents from the nursing home.
by Henry C. Weatherby, Esq,, CLU, ChFC, CEBS Bloomfield, Connecticut
Categories: Nursing Homes
Tags: Binding Arbitration , Caregiving Resources , Elder Law , Medicaid Eligibility , Nursing Home Admissions , Nursing Homes , Responsible Party
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Attorney search, search articles, find attorneys, should you sign a nursing home admission agreement.
Admitting a loved one to a nursing home can be very stressful. In addition to dealing with a sick family member and managing all the details involved with the move, you must decide whether to sign all the papers the nursing home is giving you. Nursing home admission agreements can be complicated and confusing, so what do you do?
It is important not to rush, but rather to read. If possible, have your attorney review the agreement before signing it. Read the agreement carefully because it could contain illegal or misleading provisions. Try not to sign the agreement until after the resident has moved into the facility. Once a resident has moved in, you will have much more leverage. But even if you have to sign the agreement before the resident moves in, you should still request that the nursing home delete any illegal or unfair terms.
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Two items commonly found in these agreements that you need to pay close attention to are a requirement that you be liable for the resident's expenses and a binding arbitration agreement.
Responsible party
A nursing home may try to get you to sign the agreement as the "responsible party." It is very important that you do not agree to this. Nursing homes are prohibited from requiring third parties to guarantee payment of nursing home bills, but many try to get family members to voluntarily agree to pay the bills.
If possible, the resident should sign the agreement him- or herself. If the resident is incapacitated, you may sign the agreement, but be clear you are signing as the resident's agent. Signing the agreement as a responsible party may obligate you to pay the nursing home if the nursing resident is unable to. Look over the agreement for the term "responsible party," "guarantor," "financial agent," or anything similar. Before signing, cross out any terms that indicate you will be responsible for payment and clearly indicate that you are only agreeing to use the resident's income and resources to pay.
Arbitration provision
Many nursing home admission agreements contain a provision stating that all disputes regarding the resident's care will be decided through arbitration. An arbitration provision is not illegal, but by signing it, you are giving up your right to go to court to resolve a dispute with the facility. The nursing home cannot require you to sign an arbitration provision, and you should cross out the arbitration language before signing.
Other provisions
The following are some other provisions to look out for in a nursing home admission agreement.
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What medicaid covers.
In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
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8 step guide on how to get a senior admitted into a nursing home.
Helping a senior get admitted to a nursing home can be an overwhelmingly complex process. When the senior will be relying on Medicare or Medicaid to cover the costs of skilled nursing care , it’s an even more challenging ordeal with strict qualifications.
Before making major financial or legal decisions pertaining to a senior’s long term care and estate, it’s important to discuss your case with an elder law attorney. An experienced attorney can help you protect your personal assets from Medicaid spend-down requirements, and prepare important estate planning documents like an advance healthcare directive and power of attorney.
Following is a brief overview of how to get a senior admitted to a nursing home, simplified into 8 easy-to-follow steps. Keep in mind, though, that the actual process may vary slightly depending on the nursing home’s procedures and the state’s Medicaid requirements.
The nursing home and physician will need to see the patient’s medical and physical history, including past/current conditions, surgeries, immunizations, allergies, and diagnostic tests. Now is also a good time to start gathering the senior’s financial information, which you’ll need when working with the elder law attorney, nursing home admission director, and Medicaid (if applicable).
The senior will need an advance healthcare directive (also known as a living will) to indicate their healthcare preferences in case they become incapacitated and cannot communicate with their doctor. They will also need a power of attorney to appoint an attorney-in-fact who can manage their financial, legal, and medical affairs should they become incapacitated.
If you’re applying for Medicaid now or expect to in the future, talk to the elder law attorney about protecting the senior’s assets from Medicaid spend-down requirements.
The senior’s primary provider (family doctor) will need to write an order confirming that the patient requires skilled nursing care. The physician will be handing over care to the nursing home’s doctor, so he or she will also need to issue appropriate orders for medication, treatment, physical therapy, etc.
Each state has a required form that certifies a patient meets the state’s nursing home criteria. The patient’s doctor or hospital staff will fill out and sign this form.
Nursing homes usually require a TB test to confirm that the patient doesn’t have an airborne communicable disease. Some nursing homes require additional tests, so be sure to check with the admissions director to see what (if anything) else is required.
Most nursing homes let you fill out the admissions paperwork ahead of time so you’re not rushing to get it done the day the patient is admitted. The admissions director will assist you if you have any questions.
To ensure the patient has the financial means to pay for skilled nursing care, the nursing home will require a financial assessment that addresses personal assets, insurance, government benefits, and government assistance programs like Medicaid.
If the patient plans to use Medicaid benefits to pay for the nursing home, you’ll need to work with the state agency to certify the patient’s income and assets qualify for coverage.
Unfortunately, there’s often a catch-22 with Medicaid where the state agency won’t approve coverage until the patient is admitted, but the nursing home won’t admit the patient until Medicaid is approved. If you find yourself in this situation, you may need to speak with an elder law attorney to discuss your options.
Q: what qualifies a person for a nursing home.
Skilled nursing homes are for seniors who are unable to care for themselves for a sustained period of time, and present a danger to themselves or others without the necessary assistance. To determine this, doctors will evaluate four key areas:
Admittance into a skilled nursing home requires a doctor’s order, much like writing a prescription. In most cases, the patient must see their doctor less than 30 days before entering the nursing home.
No. Social services may recommend a nursing home after a care assessment, but the social worker cannot force the senior into a nursing home. In rare cases a senior may be detained under the Mental Health Act of 1986, but it’s exceptionally rare.
Medicaid is a state-operated government assistance program that pays for long term care for seniors who don’t have any money. In order to qualify for Medicaid, you must “spend down” your personal assets to a state-specified threshold and meet the state’s income requirements.
In Arizona, Medicaid is administered by the Arizona Health Care Cost Containment System ( AHCCCS ).
A skilled nursing home cannot “take” a patient’s assets. When debts accrue the facility may send the account to collections and place a lien on personal assets, but they cannot simply take assets to pay the bill.
Skilled nursing homes can’t evict someone, but they may require a transfer or discharge under certain circumstances. Across the board, facilities cannot force a transfer or discharge for any reason if moving the patient would be more harmful to their health than letting them stay.
Assuming that moving the patient is not detrimental to their health, there are five situations where a discharge or transfer may be permitted:
Thank you for considering Abri Health Care Services for your rehabilitative and post-acute care needs. As your transitional care partner, we are committed to providing you with exceptional service throughout your short-term stay. Our skilled medical teams will work with you to develop a personalized treatment plan that best suits your individual needs.
Our therapy and rehabilitation programs have one focus in mind – helping our patients return home as quickly and safely as possible. Working as a team, our professional caregivers and therapists will meet regularly to discuss your recovery plan and goals. Please feel free to utilize them as a resource during your stay with us. This team includes:
Move-in day at a skilled nursing community can be hectic. To help with your big day, we’ve addressed common questions that many people have before transitioning to a skilled nursing community.
The following items are recommended to make your short-term stay more comfortable.
NOTE : Laundry services are provided FREE OF CHARGE. Please ask your facility representative for additional details.
We understand that choosing a health care provider can be stressful and intimidating. We would like to thank you again for entrusting us with your care and will strive to provide you with the highest quality service available.
Before you go, here’s a quick checklist to see if you have everything you need for your big day. Don’t forget to tick these off:
Even if you only will be in a skilled nursing community for a few days, it’s important to make the most of it while you are there. These tips hopefully will help you prepare for that journey!
Collect necessary personal information for admission form, collect medical information from primary healthcare provider, determine specific care needs.
Conduct pre-admission assessment.
Prepare information for the staff about the new resident, conduct admittance paperwork.
Assist with resident move-in.
Take control of your workflows today., more templates like this.
Updated 05/20/2022
Published 05/20/2022
Certified Care Manager, Aging Life Care Professional, and National Master Guardian Emeritus
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In today’s world, nursing homes don’t always have the best reputation. It’s true that most people would probably prefer to avoid going to a nursing home. Similarly, it’s difficult to navigate this process with loved ones. This leads us to wonder how emergency nursing home admittance works?
What is emergency nursing home admittance, who qualifies for emergency nursing home admittance, emergency nursing home admittance or admission process, what documents will you need for emergency nursing home admittance.
Before beginning this discussion, it is essential to distinguish between a nursing home and a skilled nursing home . A skilled nursing home is a short-term placement for rehabilitation services following a three-night stay in the hospital.
If you have a Medicare Advantage plan, they might waive the three-night stay. If the three-night requirement is met, skilled nursing care is covered by Medicare insurance. In other words, the purpose of skilled nursing is to provide a high level of physical and occupational therapy with a short-term goal of getting the patient back home.
It’s important to keep in mind that a nursing home is considered a long-term care solution for people who may not fit the criteria for skilled nursing. This is when a patient can’t be safely managed in any other setting. Medicare does not pay for emergency nursing home admission. We will talk about what to expect with an emergency nursing home admission, what you need to get admitted, and how to pay for it.
First, what exactly is emergency nursing home admittance? Since this is a topic most people don’t think of until they have to, it’s normal to have questions. The healthcare system can be tricky and confusing, even to those familiar with the process.
In short, an emergency nursing home admission is any admission that wasn’t planned in advance. Hospital beds throughout the country are scarce. There could be occasions where admission to a nursing home for stabilization before discharge elsewhere makes sense.
A lthough people can stay in the hospital for the amount of time needed to treat their condition, there could come the point where there is no longer a need for hospitalization, yet the patient can’t go home safely.
In other situations, perhaps the patient has tried skilled nursing for rehab but has not made enough progress to continue rehabilitative services or go home. The skilled nursing facility may recommend an emergency nursing home admission when insurance stops paying due to failure to improve. Emergency nursing home admittances aren’t taken lightly, and it’s something you would coordinate with the help of your healthcare team.
With that in mind, who qualifies for emergency nursing home admittance? Is this something anyone can take advantage of if needed?
State regulations determine qualification for an emergency nursing home admission or any nursing home admission. You can think of a nursing home admission as a last resort in that there are no viable alternatives.
Emergency admission to a nursing home implies that the stay will be short term but that all depends on whether the patient can recover to the extent a less restrictive placement is possible. Assisted living communities cannot handle complex medical problems, and most have nursing available only on a limited basis.
With that in mind, this is who qualifies for an emergency nursing home admission:
Of course, a nursing home will not admit someone without knowing how the patient will pay for their stay. Either the individual has to already be on Medicaid, can qualify for Medicaid after admission, or pay privately.
According to Genworth , the median cost of care in 2022 for a semi-private room in a nursing home is $7,908. That cost will be higher in some states and lower in others. Medicaid qualification also varies by state, but generally, an individual can have no more than $2000 in assets.
Alternatively, not all medical needs can be handled by short-term home health. Home health only provides intermittent medical interventions, not round-the-clock or on-demand care. Some of the medical problems that might necessitate a nursing home stay:
Functional decline describes what happens to someone when they suffer an illness or general debility due to neurological conditions, a stroke, heart attack, uncontrolled diabetes, or any number of other conditions.
As people age, it is harder to recover due to loss of muscle mass, poor balance, or cognitive impairment. Some examples of functional decline are:
Similarly, people with Alzheimer's disease or other types of dementia may have severe cognitive symptoms like wandering, aggression, paranoia, delusions, and impaired memory.
Some states will not permit a nursing home admission based solely on a psychiatric diagnosis. Dementia is usually accompanied by functional and medical problems that require close supervision due to cognitive impairment.
Finally, in rare cases, someone may be discharged from hospice because the condition that qualified them is in remission or no longer a threat to their life. Still, that doesn’t mean that the patient doesn’t have extensive needs that can’t be met at home or in assisted living. For example, if someone is homebound, has an indwelling catheter, and requires round-the-clock care, they may qualify for a nursing home admission after hospice discharge.
Now that you know who qualifies for this service, how does the process work? It’s no secret that healthcare, insurance, Medicaid, and everything in between can be tricky. When in doubt, consult with your healthcare team to determine your next steps.
The emergency nursing home admission process depends on where the patient is when the decision is made to admit him or her to a nursing home. The best way to understand this in practice is by looking at some possible scenarios and how each can affect the process.
To begin, the most common process for emergency nursing home admittance is through the hospital. The hospital physician and discharge planner put together all of the paperwork for admission from the hospital.
If you don’t qualify for Medicaid, then there will be a process of determining who is financially responsible for payment. For people who don’t have vast financial resources, it is usually advisable to pick a nursing home that accepts Medicaid if you have to spend down your assets.
On the other hand, coordinating an emergency nursing home admittance from home can be stressful and confusing. The first step is to locate a nursing home that you think provides the right level of care.
Finding a good nursing home can be a challenge but check with a physician for recommendations. Keep in mind that the Five-Star Quality Rating System has come under scrutiny due to the discovery that many nursing homes are skirting reporting requirements skewing the results.
If you have time, visit any nursing home you are considering in person. You can tell a lot by a spontaneous visit. Ask to meet with the director and director of nursing. Staff shortages in nursing homes are at record levels, so assume that any nursing home you choose will have this problem. If you can find a non-profit nursing home in your community, you might have better luck with the quality of care.
Meet with the admissions coordinator of the nursing home you decide on and ask about the admission process. You may be required to guarantee payment if your loved one does not qualify for Medicaid. Some nursing homes will not accept a “Medicaid Pending” patient without a guarantee of payment before Medicaid takes effect.
Lastly, the nursing home may provide transportation to the facility, but you should ask about it. If you need medical transport to keep your loved one safe, you may have to pay an additional fee.
An admission from assisted living could be more manageable since the staff may have experience in expediting an emergency admission. They will have your loved one’s demographic information and medication list.
An assisted living may also have nursing homes they recommend and can inform you of criteria for returning to the community following the emergency nursing home admission. You may have to pay for your loved one’s apartment during their absence, but most facilities will give you a discount on the room rate.
Every state will dictate documents that you need for an emergency nursing home admission. Hopefully, you will have completed the end-of-life planning checklist , making much of this easier. Generally, these are the documents you can expect to provide.
It isn’t enough for you or anyone else to think or document the reason for an emergency nursing home admission. A physician must confirm that your loved one needs a nursing home level of care. If your family member hasn’t seen their physician in a while, the physician may require a visit to confirm their medical condition.
The physician needs to provide a complete medical history with diagnoses, medications, and any other relevant information. Also, the doctor needs to include orders for care for the attending physician and staff at the nursing home. Once your loved one enters a nursing home, the nursing home physician takes over their care.
Each state requires that the patient or power of attorney fill out state forms that certify the patient requires a nursing home level of care. If your loved one is in the hospital, the attending will fill out the appropriate paperwork. The primary care physician fills out these state forms if your loved one is at home.
It used to be that the only vaccines nursing homes were concerned about were tuberculosis, flu, and pneumonia shots. Nursing homes require recent proof of these vaccines; otherwise, they give these shots within three days of admission.
Now, we have COVID to worry about. Since nursing homes have been disproportionately affected by COVID, they may require a COVID test before admission and proof of vaccination. Always check with the specific facility about vaccine deadlines and requirements.
The admission paperwork for nursing homes can be lengthy. It usually includes:
Ultimately, an emergency nursing home admission can be a significant stressor for you and your loved one. Prepare to be an advocate and support your loved one’s efforts to return home. If they can’t come home, monitor signs of loneliness while they are in the nursing home, visit often, and do everything you can to bring comfort and care to a challenging situation.
It’s normal to be intimidated by the nursing home process, but you’re not alone. Use your healthcare team as an advocate for your loved one’s wishes, putting their needs first. Together, you’ll find the right solution for your loved one’s unique situation.
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Posted on Friday, July 15th, 2022 Monday, January 29th, 2024 Author [email protected]
When you are admitted to a nursing home, you will be asked to sign an admission agreement that explains your rights and responsibilities and those of the nursing home. In years past, this involved signing contracts written by nursing homes that often contained deceptive or illegal terms.
California is the first state in the nation to outlaw the use of admission contracts written by nursing homes. By law (SB 1061, 1997), all California nursing homes must use the Standard Admission Agreement developed by the California Department of Public Health. (California Health and Safety Code §1599.61, 22 CCR §72516)
The Standard Admission Agreement’s purpose is to give you peace of mind that you are signing a document that protects your rights and does not expose you or your family to unexpected financial liability. It is important, however, for you to read the document carefully and to make sure you fully understand its terms before you sign it.
The California Department of Public Health has posted the California Standard Admission Agreement for Skilled Nursing Facilities and Intermediate Care Facilities (CDPH 327) on its website in English , Spanish , Chinese , Korean and Vietnamese . The Standard Admission Agreement consists of the basic Agreement and the following attachments:
Before signing the Standard Admission Agreement:
Carefully review the actual written Agreement the nursing home is asking you to sign. Do not rely on the standard version of the Agreement on the Department of Public Health website. Although a nursing home cannot legally alter or amend the Agreement unless it receives written permission from the California Department of Health Public Health (22 CCR §72516), it is possible that a nursing home may have altered the Agreement with or without the required permission. Please inform CANHR if a nursing home asks you to sign an Agreement that has been significantly altered from its standard terms.
The person being admitted to the nursing home is the only person required to sign the Standard Admission Agreement. (California Health & Safety Code §1599.65) Section I (Preamble) of the Agreement states: If you are able to do so, you are required to sign this Agreement in order to be admitted to this Facility. If you are not able to sign this Agreement, your representative may sign it for you. Make sure you obtain a copy of the signed Agreement and any other documents presented or signed at admission. Section XII of the Agreement requires the facility to give you a copy of the signed agreement, all attachments, any other documents you sign at admission, and a receipt for any payments you make at admission, upon your request.
The resident is responsible for paying any nursing home bills under the Agreement, not his or her family or friends. (Title 42 United States Code §1396r(c)(5), Title 42 Code of Federal Regulations §483.15, California Welfare & Institutions Code §14110.8) Signing the Standard Admission Agreement as a resident’s representative does not make you responsible for using your own money to pay for care provided by the nursing home. Section II (Identification of Parties to this Agreement) of the Agreement states: IF OUR FACILITY PARTICIPATES IN THE MEDI-CAL OR MEDICARE PROGRAM, OUR FACILITY DOES NOT REQUIRE THAT YOU HAVE ANYONE GUARANTEE PAYMENT FOR YOUR CARE BY SIGNING OR COSIGNING THIS ADMISSION AGREEMENT AS A CONDITION OF ADMISSION. Additionally, it states: Signing this Agreement as a Resident’s Representative does not, in and of itself, make the Resident’s Representative liable for the Resident’s debts. However, a Resident’s Representative acting as the Resident’s financial conservator or otherwise responsible for distribution of the Resident’s monies shall provide reimbursements from the Resident’s assets to the Facility in compliance with Section V. of the agreement. The resident’s authorized financial representative is responsible to use the resident’s funds to pay nursing home fees, such as a share-of-cost set by Medi-Cal for a resident on Medi-Cal. (California Welfare & Institutions Code §14110.8)
You and your representative cannot be required to sign any other document at the time of admission or as a condition of admission or continued stay in a California nursing home. (Title 22 California Code of Regulations §72516) This right is stated in Section I, the Preamble to the Agreement. Do not sign any forms or documents that conflict with the Standard Admission Agreement or attempt to restrict your rights. Avoid signing any documents that seek waiver of liability, binding arbitration or general consent to treatment. The Agreement already includes a general consent to treatment and emergency care in Section III so additional forms are not needed for this purpose at admission. Although you are not required to sign other documents, the nursing home may ask you to do so. It is usually best not to sign other documents at admission. Ask the nursing home to give you copies of any forms to review in advance before making decisions about signing them. If you have any concerns or doubts about a document you are asked to sign, seek advice from a qualified attorney or advocate before doing so.
Do not sign a binding arbitration agreement at admission. Nursing homes use arbitration agreements to prevent residents from being able to sue for abuse or neglect. By signing a binding arbitration agreement, you give up your constitutional right to go to court if a dispute arises in the facility, even if it involves abuse or neglect. There is no right to appeal a decision made through binding arbitration. Nursing homes cannot require you to sign an arbitration agreement and cannot present an arbitration agreement as part of the Standard Admission Agreement. (California Health & Safety Code §1599.81, Title 22 California Code of Regulations §72516, 42 CFR §483.70(n)). Any arbitration agreement shall be separate from the Standard Admission Agreement and shall contain the following advisory in large, bold type at the top of the agreement: Residents shall not be required to sign this arbitration agreement as a condition of admission to this facility.
Residents and their legal representatives can rescind an arbitration agreement by giving written notice to the facility within 30 days of their signature. (California Code of Civil Procedure §1295, 42 CFR §483.70(n)(3)) If a nursing home asks a resident or resident representative to sign an arbitration agreement, it must explain the agreement in a form, manner and language the resident and representative understand. (42 CFR §483.70(n)(2). To learn more about problems with binding arbitration, read CANHR’s fact sheet on this subject.
At admission, the nursing home should ask you for a copy of your advance directive and, if you don’t have one, may suggest you establish one. Although it is a good idea to have an advance directive, nursing homes cannot require you to have or to make one as a condition of admission or continued stay. This issue is addressed in Section III, Consent to Treatment, in the Standard Admission Agreement. Advance directive is the general term used to describe instructions you give someone about preferences for your future medical treatment. At admission, the nursing home must give you written information about advance directives explaining: (1) your right to direct your own health care decisions; (2) your right to accept or refuse medical treatment; (3) your right under California law to prepare an advance health care directive; and (4) the facility’s policies that govern the use of advance directives. (Title 42 United States Code §§1395cc(f), 1396r(c)(2)(E) & 1396a(w), Title 42 Code of Federal Regulations §§489.102, 483.10(g)(12) & 431.20) There are different types of advance directives. The following types are examples, not a complete list. An Advance Health Care Directive (AHCD), also known as a Power of Attorney for Health Care, allows you to appoint an agent to make health care decisions for you. Your agent only makes decisions for you if you have lost capacity, unless you state otherwise in the document. You can give an agent limited or broad powers in an AHCD, from the right to access medical records to the power to make anatomical gifts. You may also specify healthcare instructions you want to be followed. All adults should have an AHCD. CANHR has published a model Advance Health Care Directive form and instructions . A Physician Order for Life-Sustaining Treatment (POLST) is another form of advance health care planning where you or your legally authorized surrogate can express end-of-life care preferences. The form instructs providers about what to do regarding CPR, comfort care measures, artificial nutrition and hydration, and other important treatments. A POLST must be signed by a physician and is thus an actual medical order that nurses and nursing assistants must follow. The document is meant for people who are terminally ill as a way to control their end-of-life care. In recent years, some nursing homes have told residents and their representatives that a POLST form is required at admission. This is not true. Establishing a POLST is a choice, not a requirement.
The admission agreement must clearly state whether the nursing home participates in the Medi-Cal and Medicare programs. (California Health & Safety Code §§1599.66 & 1439.8, California Welfare & Institutions Code §14022.3) This information is found in Section V (Financial Arrangements) of the Standard Admission Agreement. If a nursing home is withdrawing from the Medi-Cal program, it must include this information in Section V (Financial Arrangements) of the Agreement and give the date that it notified the Department of Health Care Services of its intent to withdraw from Medi-Cal. A nursing home that is withdrawing from Medi-Cal is not required to accept Medi-Cal for residents admitted after it notified the State of its intent to withdraw. The Standard Admission Agreement explains that residents admitted on or before the date of the withdrawal notice can use Medi-Cal to pay for their care, even if they become eligible for Medi-Cal after that date. (California Welfare & Institutions Code §14022.4, Title 42 United States Code §1396r(c)(2)(F))
It is illegal for a Medicare or Medi-Cal certified nursing home to require a resident to pay privately for any set period of time. (Title 42 United States Code §§1395i-3(c)(5)(A) & 1396r(c)(5)(A), and Title 42 Code of Federal Regulations §483.15(a)) When a resident qualifies for Medi-Cal or Medicare nursing home coverage, nursing homes certified by these programs must accept their payments. (California Health & Safety Code §1599.69 & 1599.76, California Welfare & Institutions Code §14019.3, and Title 42 Code of Federal Regulations §483.15(a)) Section V of the Agreement on Financial Arrangements includes the following statement: You should be aware that no facility that participates in the Medi-Cal program may require any resident to remain in private pay status for any period of time before converting to Medi-Cal coverage. Nor, as a condition of admission or continued stay in such a facility, may the facility require oral or written assurance from a resident that he or she is not eligible for, or will not apply for, Medicare or Medi-Cal benefits. Some nursing homes require applicants to disclose financial information that is used to project how long they can pay privately before qualifying for Medi-Cal. Applicants with more money are usually given preference. Although this practice is of questionable legality, federal and California authorities are doing nothing to stop it.
Prior to admission, Medi-Cal certified nursing homes must notify you about Medi-Cal eligibility standards, using a State mandated notice ( DHCS 7077 ) (California Welfare & Institutions Code §§14006.3 & 14006.4) The legislature required the notice after learning that some nursing homes misinformed applicants and residents about Medi-Cal eligibility. The notice contains important information, including:
In July 2022, Medi-Cal will begin phasing-out asset limits for seniors and persons living with disabilities, making it easier for them to qualify for Medi-Cal. Read CANHR’s fact sheet on the major changes to Medi-Cal asset limits.
A nursing home cannot require or accept a deposit if Medi-Cal or Medicare is helping to pay for your stay. (California Health & Safety Code §1599.70, California Welfare & Institutions Code §14110.9, Title 42 Code of Federal Regulations §489.22 & 483.15(a)) Nursing homes may require a deposit if you are paying privately for your care. Deposits paid by private paying residents must be returned when Medi-Cal or Medicare start paying for their nursing home care. (California Welfare & Institutions Code §14110.8 & Health & Safety Code §1599.70) This issue is addressed in Section V(B) of the Agreement on Security Deposits.
If a nursing home plans to increase its daily rate or service fees, it must give residents 30 days written notice of the changes. (California Health & Safety Code §1288, 1599.67)
You cannot be charged for any days of care after discharge or death and are entitled to a refund of any advance payments made to the nursing home. (California Health & Safety Code § 1599.71) See Section V of the Agreement on Financial Arrangements. The only exception is if you leave the nursing home voluntarily within three days of admission, in which case you may be charged for up to three days at the basic daily rate if Medicare or Medi-Cal are not paying for your nursing home care. If you are due a refund after your discharge, the nursing home must pay it to you within 14 days of your leaving the facility. See Section V(E) of the Agreement on Payment of Other Refunds to You. If a resident dies, any advance payments must be returned to the heir, legatee or personal representative of the resident within two weeks after discharge or death. (California Health & Safety Code §1599.71(a) and Title 22 California Code of Regulations §72531)
The Admission Agreement shall not require a resident to provide advance notice of when he or she is moving out of a facility. (California Health & Safety Code §1599.71.)
At admission, the nursing home must establish a personal property inventory and give you or your representative a copy. (California Health & Safety Code §1289.4) Keep the inventory sheet current and save a copy. The nursing home is also required to give you a copy of its policies and procedures regarding protection of your personal property and the state laws that require those policies. (California Health & Safety Code §§1289.3, 1289.4, 1289.5 & 1418.7) See Section VIII of the Agreement on Personal Property and Funds.
You have a right to confidential treatment of your medical and health information. (California Health & Safety Code §1599.73, Title 22 California Code of Regulations §72527(a)(10) &72543(b), Title 42 United States Code §§1395i-3(c)(1)(A)(iv) & 1396r(c)(1)(A)(iv), and Title 42 Code of Federal Regulations §483.10(h)). You may authorize the nursing home to disclose medical information about you to a family member or other person by completing Attachment E to the Standard Admission Agreement, the “Authorization for Disclosure of Medical Information” form.
The Standard Admission Agreement is intended to inform you about your rights as a nursing home resident. Certain rights are discussed within the Agreement, but Attachment F (Bill of Rights) is a more comprehensive description of your rights. It is a verbatim collection of selected federal and state laws and regulations. Attachment F, however, is 39 pages long due and not an easy way to learn about your rights. Nor is it up-to-date as numerous resident rights have been added or revised since the California Department of Public Health adopted the Standard Admission Agreement in 2011. CANHR’s fact sheet on resident rights provides a quicker way to learn about your rights.
If your nursing home is not using the Standard Admission Agreement or violates any of your rights, you may file a formal complaint with the California Department of Public Health. For information on filing a complaint, see CANHR’s fact sheet, How to File a Nursing Home Complaint .
You can also contact your attorney, local ombudsman program or CANHR to discuss your concerns.
BE SURE TO REQUEST AND KEEP A SIGNED COPY OF THE ADMISSION AGREEMENT!
Internal investigative documents used to help providers learn from errors and accidents can’t be held back from trial attorneys if they’re also used for other purposes, New Jersey’s top court ruled this week.
The decision reverses a lower court finding from 2023 that had protected such self-critical documentation from discovery under the state’s robust Patient Safety Act. That law is meant to support reflective processes that can help all kinds of healthcare providers improve quality and build in new or better safeguards.
But Monday’s ruling from the New Jersey Supreme Court in two consolidated cases found that a CareOne nursing home and assisted living community had invalidated the protection by sharing self-critical documentation outside of its safety committee.
Independence is a “precondition to applying the PSA’s privilege,” wrote Justice Fabiana Pierre-Louis. “The regulation directs that the ‘patient or resident safety committee shall not constitute a subcommittee of any other committee within a facility or health care system.’”
The ruling leaned on CareOne’s acknowledgement that its review committee was created for the dual purpose of complying with federal and state law.
“Defendants’ own admissions that they treated their committees related to quality assurance and improvement as patient safety committees to comply with both the requirements of the PSA and their federal obligations shows that they did not follow ‘the only precondition to application of the PSA’s privilege,’” Pierre-Louis wrote.
The court found that the providers’ investigations were not undertaken “exclusively during the process of self-critical analysis” according to state law, and the justices ruled that incident reports and other documents were subject to discovery in both cases.
While privilege statutes are designed to allow healthcare providers and facilities to improve patient safety, Hall Booth Smith attorney Sandra Cianflone previously told McKnight’s Long-Term Care News that compliance with the letter of the law is critical.
“Perhaps a ‘full stop’ is needed to have counsel and risk management teams assess their current processes to ensure complete compliance in the future,” she said after the 2023 CareOne ruling.
Others have warned that allowing more access to previously protected documentation could have a chilling effect on staff willingness to self-report errors or providers ability to conduct robust internal investigations with an aim of improving quality.
For that reason, the New Jersey Hospital Association, the New Jersey Medical Society and
The American Medical Association had filed briefs supporting CareOne’s arguments.
The documents in question can now be shared with the plaintiffs’ attorneys, potentially sharpening the cases against CareOne.
In Keyworth v. CareOne at Madison Avenue , Madeline Keyworth alleges she was injured in two falls at the skilled nursing facility. In Bender v. Harmony Village at CareOne Paramus , the family of Diane Bender wanted an incident report to substantiate its claims that Bender was attacked by another resident during her stay at the assisted living facility.A spokeswoman for CareOne told McKnight’s Wednesday that the company does comment on litigation “as a matter of policy.”
Kick in of higher medicaid rates helps propel sabra snf growth in q2, resident advocates aim to protect voting rights in nursing homes ahead of contentious election, new clinical trial studying expanded skilled nursing care in the home, editors' picks, nursing home workers, this time the research is on your side.
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Be empowered to transform lives .
Embark on a career of passion and take a pivotal role at the forefront of healthcare. Becoming a registered nurse is one of the most rewarding careers and will take you on a journey of bringing hope, celebrating the wins, and having a profound impact on the lives of others every day. You will become a trusted professional, advocating for the health and wellbeing of your patients – and their families. Standing in this space is about the profession of patient care, but you can expect to develop a greater sense of purpose in your own life, too.
Choosing the right college is a crucial decision that will significantly impact your education, career, and experience as a nursing student. With our excellent reputation and highly respected faculty, the Edgewood College nursing school has a longstanding history of being one of the most respected programs in the state of Wisconsin. Our program is split into two components. Students will take (60) credits of general education, elective, and prerequisite courses. Once complete, students will apply for admission into the Henry Predolin School of Nursing. Admitted students will continue the second half of the program which includes four semesters (60 credits) of professional nursing classes, clinical, and simulation experiences.
One of the most dynamic and versatile professions, nursing, offers a wide range of career paths. For students with diverse interests and aspirations, becoming a nurse opens the door to an exciting and fulfilling career. Pursuing a Bachelor of Science in Nursing (BSN) degree at a private, liberal arts school in the thriving, capital city of Madison, comes with advantages:
Average annual salary for registered nurses with a BSN
Bureau of Labor Statistics, Occupational Outlook, 2023 data
Growth rate for registered nurses in the workforce, from 2022 to 2032
Bureau of Labor Statistics, Occupational Outlook, 2022 data
As healthcare continues to advance, there is a growing emphasis on the value of highly educated nurses in the workforce. With a BSN, you will be prepared to pass the NCLEX exam and enter the workforce having a competitive edge. Many organizations prefer or require nurses to have a BSN for consideration of certain positions, especially leadership roles. Your bachelor’s degree will also prepare you for entry into graduate programs if your career aspirations include advanced positions such as a nurse anesthetist, nurse educator, nurse practitioner, and nurse manager/administrator.
One benchmark metric of a strong program is their NCLEX-RN exam first-time pass rate. Consistently, our pass rate is significantly higher than the national average. With a 99% NLCEX-RN first-time pass rate , the most recent cohort of students (fall 2023) in this program are an excellent reflection of how the best program is directly tied to positive student outcomes.
Community Partners for Clinical Placements
Student to Clinical Faculty Ratio
Nursing 305 Nursing Science: Professional Nursing in a Diverse World
Introductory course that examines concepts of client-centered care, family, community, populations, health promotion, global health, social justice, and diversity. Students will examine the transitions of care within and across the environments in which care is provided along with developing an understanding of how health is defined across different cultures and populations. Students will reflect on their personal beliefs and how this may impact their nursing care and describe the relationship between personal health and a culture of health. Dominican values will also be examined as a foundation to professional nursing practice. Students will be expected to engage in wellness activities to promote self-care.
Nursing 320 Nursing Science: Pharmacology & Therapeutics
This course focuses on the major classes of drugs, addressing the physiological and pathophysiological rationale for each drug indication, mechanisms of drug action, dosing implications, and adverse drug events. The course will enhance the student’s comprehension of the scientific complexity of therapeutic interventions and will build upon the foundational sciences. Additionally, the course will provide the student with sufficient scientific knowledge and skills to monitor drugs and therapies in a safe and effective manner. Nurse’s role in assisting individuals and families in the pharmacological management of illness and health maintenance is addressed.
Nursing 401 Nursing Science: Perinatal Nursing
Person and Family Centered Care in Maternal and Infant Health engages students in a family-centered approach to health and health alterations in childbearing women, newborns, and families.
Henry predolin student nurses association.
You will gain valuable leadership experience by joining the Henry Predolin Student Nurses Association (SNA), the largest student association in Wisconsin.
The Henry Predolin SNA regularly sends more delegates to the annual statewide conference than any other school. If you’re interested in gaining incredible global health experience, you might want to consider joining our faculty on a trip to underserved areas like Cambodia, El Salvador, and St. Lucia. It’s an enriching experience to learn and grow while making a positive impact on the world.
The baccalaureate degree in nursing program at Edgewood College is accredited by the Commission on Collegiate Nursing Education (CCNE), 655 K Street NW, Suite 750, Washington, DC 20001, 202-887-6791. The program is also approved by the State of Wisconsin Board of Nursing.
Eligibility for Admission
Students will apply for full admission to the Traditional Undergraduate in BS Nursing program the semester before they are eligible to begin nursing coursework.
What Should I Know as an Incoming Freshman Student?
For students entering their first year at Edgewood College without an Associate Degree in Nursing (ADN) or previous bachelor’s degree, you will begin by applying to Edgewood College. Additionally, if you are transferring into Edgewood College and have not yet completed the required coursework, you will start by submitting your undergraduate application.
Applications into the School of Nursing are reviewed for students who have completed, or are in progress to complete, the prerequisite coursework including (60) college credits . Most students* will begin applying to the School of Nursing during their 4 th semester at Edgewood. It is important to understand that admission into Edgewood College does not imply, or guarantee, admission into the Traditional Undergraduate BS in Nursing Program.
Complete, or be in progress to complete, (60) college credits including prerequisite coursework
Incoming freshman may be eligible for direct admission into the School of Nursing through our Guaranteed Admission Program . Additional details can be found under the Guaranteed Admissions Program section.
Application Process for Current and Transfer Students
The Traditional Undergraduate BS in Nursing Program is split into (60) credits of core and prerequisite coursework and (60) credits of nursing coursework. Once you enter the final semester of your core courses, you can begin the process to apply for the School of Nursing.
Transfer students: If you have completed your prerequisite coursework at another college and anticipate starting the nursing program for your first semester at Edgewood College, you will begin by applying to the School of Nursing. NOTE: You are not required to submit an undergraduate application to Edgewood College.
This portal is used to simplify and streamline the application process. Edgewood College’s School of Nursing Admission Committee will make all admission decisions. We encourage students to make certain the necessary application qualifications have been met, and to be mindful of the application deadlines.
Transfer students: If you are admitted to the nursing program, you will be required to submit your official high school transcripts directly to the Edgewood College Office of Undergraduate Admissions. Admitted students will receive further instructions when this information is required.
Application Deadlines
Fall | November 15 | February 2 – March 1 | |
Spring | August 25 | October 2 – November 1 |
Once you have determined that you meet the criteria to apply for the nursing program, you will be ready to start the application process. As this is a highly competitive program and admission is capped at (42) students, we recommend submitting your application and required documentation as soon as the application opens. This allows you ample time to complete each requirement and ensure all required documentation has been received so your application meets the priority deadline. After the priority deadline has passed, applications shift to rolling admission.
Applicant Selection Process
The School of Nursing Admissions Committee is comprised of nursing faculty dedicated to screening applicants for admission into this program. Admission to the Traditional Undergraduate BS in Nursing program at Edgewood College is highly competitive and is limited to (42) students in the fall semester and (42) students in the spring semester. The committee will admit the most qualified students based on cumulative GPA, science/math GPA, previous academic records, personal written statement, and credits completed.
Explore Additional Steps to Strengthen Your Nursing School Application
It is common for students to inquire how they can improve the likelihood of securing one of those coveted spots in the nursing program. While the above qualifications take utmost priority in determining program eligibility, the list below offers a guide as to ways decisions are made when we have more highly qualified students than we have open seats.
Academic Requirements for Admission
Eligibility for admission to the Traditional Undergraduate BS in Nursing program requires students to complete (60) credits and maintain a cumulative GPA of at least 2.75. These (60) credits must include the following prerequisite courses (or their transfer equivalents) listed below:
ENG 110 | College Writing | 4 |
MATH 121 | Statistics | 3 |
PSY 101 J | General Psychology | 4 |
PSY 345 | Lifespan Development | 4 |
Four of the science courses listed below (or their transfer equivalent) | ||
BIO 155 SU** | Human Cell Biology and Genetics | 4 |
BIO 210 | Anatomy & Physiology I (must be complete or in progress to apply) | 4 |
BIO 211 | Anatomy & Physiology II (may be complete or in progress to apply) | 4 |
BIO 311 | General Microbiology for Nursing – including lab component (may be completed first term if Anatomy & Physiology II was completed prior to program start) | 3 |
NURS 220 | Therapeutic Principles of Infectious Disease | 1 |
BIO 412 | Pathophysiology | 3 |
CHEM 120 S | General Chemistry I (must be complete to apply) | 4 |
Students must also have completed all Edgewood College general education requirements.
** Current Edgewood College students must compete BIO 155 SU, or be in progress of completing, at the time of application .
For transfer students, BIO 155 SU is not a prerequisite for program admission if Anatomy and Physiology I, Anatomy and Physiology II, and Microbiology have been successfully completed and approved for transfer. Transfer students should contact their Academic Advisor to request a special arrangement waiver if they will not need this course.
Students possessing a baccalaureate degree in another field from a regionally-accredited institution, or a 2-year associates of science or arts degree from Madison College or a UW school are considered to have fulfilled all of Edgewood College’s General Education requirements, except COR courses. Post-baccalaureate students, however, must still meet all School of Nursing pre-requirements for supporting courses in the major.
Eligibility for Guaranteed Admission Program
Incoming freshmen with a strong academic background in high school may be eligible for direct admission into the School of Nursing. Students who agree to participate in the Guaranteed Admission Program for the School of Nursing and meet the following criteria will be granted admission into the major:
I Have Been Admitted – Now What?
Congratulations on being selected for our esteemed School of Nursing! We look forward to supporting your journey to becoming extraordinary healthcare professionals. Please accept admission within (3) weeks of receiving your Offer of Admission Letter. Nursing students who do not accept admission by the deadline will forfeit their space . Further details will be provided in the School of Nursing Welcome Packet.
Apply for Nursing Scholarships
Visit our scholarships page to view all available Edgewood scholarships.
Go to Edgewood College Scholarships
The Henry Predolin School of Nursing partners with over 80 community agencies for clinical placements. Locations span across southcentral Wisconsin as well as northern Illinois. Some of these include:
Clinical placements also include multiple public health sites and public/private school sites.
Assistant Professor
Suzy Karcher, DNP, APRN-CPNP AC
Senior Lecturer
Katie Selle, MA, RN-BC
View All Faculty
The Center for Healthcare Education and Simulation (CHES) is a collaborative partnership between Edgewood College School of Nursing, SSM Health St. Mary’s Hospital, and UnityPoint Health – Meriter Hospital. This state-of-the-art space has been providing Edgewood College nursing students with innovative education and training through the utilization of patient simulators. Simulation rooms are designed and equipped to replicate a multitude of environments such as a patient room in a hospital or a clinic, or a resident room of a nursing home, or skilled care facility.
Three realistic patient rooms are fully equipped, each viewable from a control room that allows instructors to monitor students and record sessions. Two of these classrooms are equipped with audio-visual equipment that provides live-feed simulation. This reflective learning environment includes opportunities to discuss and debrief. Robot patient simulators include high-fidelity mannequins across the lifespan – infant, child, birthing mother, adult—that can be programmed to replicate patient conditions and physiologic responses. Several low-fidelity mannequins and task trainers are used by students as they practice specific skills and techniques.
Simulation experiences introduce nursing students to clinical scenarios in preparation for real clinical interactions, thus allowing students to safely practice team-based care and improve individual skills. This learning environment places students in the experience and is often mentioned as a favorite aspect of nursing school. This engaging space fosters team-based learning as students learn, train, and work together. This is where students apply their textbook knowledge, learn from their mistakes, practice skills, and improve communication. It’s also when future nurses emerge and begin to build their self-confidence.
This educational tool provides pre-nursing students with a unique and immersive way to study anatomy while enhancing their understanding of the human body. Students interact with a digital cadaver to learn all levels of anatomy from the whole body to microanatomy and includes 3D investigations of normal and pathological case studies. With this unprecedented level of detail, the advanced technology of the anatomage table allows students to visualize every aspect of the human body and makes it an innovative tool used to teach anatomy and pathology. The interactive and dynamic nature of the tool makes learning anatomy more hands-on, creating an engaging learning experience. An investment into the students’ educational experience, the 3D Anatomage Table serves to bridge theoretical knowledge with practical application, ultimately improving the overall educational outcomes and clinical preparedness of graduates of our nursing program.
What are the differences between and ADN and a BSN?
Nurses with a bachelor’s degree in nursing (BSN) and passing NCLEX-RN score are hired as a Registered Nurse (RN). Nurses with an associate’s degree in nursing (ADN) and passing NCLEX-RN score are also hired as RNs. While an ADN requires less education, many organizations require their nurses to hold a bachelor’s degree. Bachelor’s degree programs offer nursing students a more advanced and comprehensive education which will enhance career opportunities, increase earning potential, and position future RNs as leaders in their field.
What if I already have an ADN?
Edgewood College has an innovation option available for students who have achieved their ADN. We offer an ADN-MSN which allows students with an ADN to complete their BSN in as few as 21 months while integrating 12 credits of MSN coursework into the curriculum. Upon completion of the BSN, students have the option to continue pursuing a master’s degree in nursing with as few as 18 additional credits.
What if I have a baccalaureate degree in another field?
Students in this situation have two options to pursue their Bachelor of Science in Nursing degree (both options require that students have to meet prerequisites):
Option 1: Enroll in the Traditional BSN program
Option 2: Enroll in the Accelerated BSN program (one-year pathway to BSN)
What do I need to know about the CPR/BLS for Healthcare Providers certification?
While not a prerequisite for admission, certification is required for students in the program. We strongly encourage students to be certified at the start of the program to avoid the need to renew in the middle of the program (certification lasts two years).
Does Edgewood College have a partnership for students at UW-Whitewater Rock County?
Yes! This unique collaboration brings the nursing program at Edgewood College to the UW-Whitewater campus, complete with a full faculty, clinical coordination expertise, and an innovative curriculum that integrates classroom instruction with hands-on clinical and simulation experiences. Additional details are available on Partner Schools under the UW-Whitewater Rock County Campus collaboration.
Resources for:
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A Rule by the Homeland Security Department on 08/09/2024
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U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).
Final rule; correcting amendments.
On August 29, 2011, the Department of Homeland Security published a final rule titled “Immigration Benefits Business Transformation, Increment I,” which, in part, amended DHS regulations to remove references to form numbers and titles. Two of the amendatory instructions were inadvertently not followed, resulting in errors in the Code of Federal Regulations (CFR). This document describes those errors and corrects the CFR to incorporate the amendments as instructed in the 2011 final rule. This action makes no substantive regulatory changes.
August 9, 2024.
Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone 240-721-3000 (this is not a toll-free number).
The Immigration Benefits Business Transformation, Increment I final rule [ 1 ] included two amendments to 8 CFR 212.2 that were incorrectly incorporated into the CFR. Specifically, the instruction numbered 64 stated that 8 CFR 212.2 would be amended to revise the term “the Form I-212” or “Form I-212” to read as “the application” wherever it appeared in the listed paragraphs, including paragraph (f) and paragraph (i)(2). [ 2 ] However, the resulting amendments to the CFR were incomplete, as described in the following paragraphs.
In accordance with these instructions, the sentence in former 8 CFR 212.2(f) that read, “The alien must file the Form I-212, where required, with the DHS officer having jurisdiction over the port of entry,” [ 3 ] should have been revised to read, “The alien must file the application, where required, with the DHS officer having jurisdiction over the port of entry.” However, 8 CFR 212.2(f) was erroneously amended to remove “Form I-212” without incorporating “application.” As a result, the current provision has a blank space and reads, “The alien must file the, where required, with the DHS officer having jurisdiction over the port of entry.” [ 4 ]
The instructions also sought to amend 8 CFR 212.2(i)(2) by replacing “Form I-212” with “the application” in the two instances in which it appeared in that paragraph. [ 5 ] However, only one instance was amended, resulting in the provision now reading, “If the alien filed Form I-212 in conjunction with an application for adjustment of status under section 245 of the Act, the approval of the application shall be retroactive to the date on which the alien embarked or reembarked at a place outside the United States.” [ 6 ]
This document corrects these errors in the CFR.
DHS has good cause to bypass any notice-and-comment or delayed effective date procedures that might otherwise apply to this document under the Administrative Procedure Act. DHS has for good cause found that such procedures would be unnecessary, see 5 U.S.C. 553(b)(B) , (d), because this rule merely corrects typographical errors in the CFR.
Accordingly, for the reasons set forth in the preamble, 8 CFR part 212 is amended as follows:
1. The authority citation for part 212 continues to read as follows:
Authority: 6 U.S.C. 111 , 202(4) and 271 ; 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1185 note (sec. 7209, Pub. L. 108-458 , 118 Stat. 3638), 1187, 1223, 1225, 1226, 1227, 1255, 1359; 8 CFR part 2 . Section 212.1(q) also issued under sec. 702, Pub. L. 110-229 , 122 Stat. 754, 854.
Section 212.1(q) also issued under section 702, Public Law 110-229 , 122 Stat. 754, 854.
2. Amend § 212.2 by revising the last sentence in paragraph (f) and paragraph (i)(2). The revisions read as follows:
(f) * * * The alien must file the application, where required, with the DHS officer having jurisdiction over the port of entry.
(2) If the alien filed the application in conjunction with an application for adjustment of status under section 245 of the Act, the approval of the application shall be retroactive to the date on which the alien embarked or reembarked at a place outside the United States.
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, U.S. Department of Homeland Security.
1. See 76 FR 53764 (Aug. 29, 2011); see also 76 FR 73475 (Nov. 29, 2011) (making correcting amendments); 78 FR 22770 (Apr. 17, 2013) (same).
2. See 76 FR at 53786. “Form I-212” refers to Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.
3. See 8 CFR 212.2(f) (2011).
4. See 8 CFR 212.2(f) .
5. See 8 CFR 212.2(i)(2) (2011).
6. See 8 CFR 212.2(i)(2) .
[ FR Doc. 2024-17400 Filed 8-8-24; 8:45 am]
BILLING CODE 9111-97-P
Information.
Sir Keir Starmer stressed the need to "maintain high alert" for more disorder as he chaired another emergency COBRA meeting. Meanwhile, new polling suggests support for Nigel Farage has plummeted since the unrest began last week.
Thursday 8 August 2024 20:55, UK
Our political correspondent Darren McCaffrey has spotted some interesting polling about Nigel Farage.
According to YouGov, the Reform leader's favourability ratings have fallen since the start of the riots in the UK.
He is viewed unfavourably by every voter group in the UK except Reform backers.
This includes Leave voters - his score with them going from +7 to -4.
The proportion of 2024 Tory voters that have a negative view of him has risen from 52% to 61% - and 47% of the public believe he holds some responsibility for the rioting.
Farage under fire from multiple sides
Darren said: "I think he's trying to strike this balance between trying to lean into some of the causes potentially behind at least the protests, if not the violence, but at the same time trying to condemn them.
"The question is, can he have his cake and eat it? Can he effectively walk that fine balance?"
Mr Farage questioned the initial police response to the stabbing in Southport, accusing them of withholding information.
The Reform leader has since condemned the violence on the streets - but made allegations of " two-tier policing ", claims which have been denied and criticised by the prime minister and Met Police chief.
Mel Stride, the Tory leadership hopeful, was heavily critical of Mr Farage this morning when speaking to Sky News - and it could be that more Tories come out to attack him.
With yet another COBRA meeting in the bag for the prime minister, the Politics Hub is signing off for the evening.
For continued coverage of the response to the riots, including the latest arrests and court hearings, check out our dedicated blog below:
As things stand, the Politics Hub won't be running tomorrow, so any political news, reaction, and analysis relating to the unrest will be in the above blog - do follow along for the latest updates.
Thanks for joining us today, and have a good evening.
Sir Keir Starmer has told his ministers and police chiefs they need to "maintain high alert" despite last night's anticipated wave of far-right unrest failing to materialise.
Sky News understands that was the PM's main message from tonight's COBRA meeting - his third of the week.
Sir Keir thanked the police and wider criminal justice system, saying the high levels of policing in key areas last night helped deter rioters - as did the swift sentencing of those convicted so far.
The prime minister has condemned a "deeply concerning" rise in antisemitic incidents in the UK this year.
Charity CST, which is dedicated to protecting Jewish communities, reported almost 2,000 cases in the first half of 2024 - a record high.
There were at least 200 every month - something which had only happened five times prior to October 2023.
That marks the point that Hamas launched its brutal attack on Israel, which was followed by the now 10-month bombardment of Gaza.
Sir Keir Starmer thanked the CST for its work and said: "Jewish people, and all those from faith communities, deserve to feel safe on our streets.
"We will work together to eradicate discrimination of any kind."
While last night didn't see the unrest many had feared, tonight's COBRA meeting comes ahead of what ministers fear could be days of further protests and disorder.
Sir Keir Starmer has vowed he will not "let up" so far as responding to threats from those bent on violence, and has held talks with police chiefs again this evening to discuss what could happen.
Our crime correspondent Martin Brunt has reported there are fears the new football season kicking off this weekend could spell trouble.
It comes after policing minister Dame Diana Johnson told Sky News earlier that intelligence points to more potential protests.
Read more from our political reporter Alix Culbertson 👇
We've been reporting in the Politics Hub today on the arrest of a Labour councillor over comments he made at one of the counter-protests that took place around the country last night.
First came footage from the event, which appeared to show a man calling for "fascist" rioters to have their throats "cut".
Nigel Farage was among those who shared it, and called on police to arrest the man responsible.
He was named online as Dartford Labour councillor Ricky Jones, and the party moved quickly to suspend him.
We then heard from the Met Police, who said they were urgently investigating the video - and later came an arrest on suspicion of encouraging murder.
For the full story and where we've got to as of tonight, our political reporter Faye Brown has you covered 👇
Sir Keir Starmer was in the West Midlands earlier before returning to London for tonight's COBRA meeting.
The PM visited a mosque in Solihull, and has just put out a post on X thanking local leaders he met there - and the police - for "keeping our communities safe".
Our team have spotted cabinet ministers leaving the COBRA meeting in the last few minutes, so hopefully we'll get an update on what was discussed from Downing Street before too long.
We'll bring it to you if and when we do.
By Faye Brown , political reporter
Metropolitan Police chief Sir Mark Rowley has knocked back claims of "two-tier policing" as "complete nonsense".
He said such claims - pedalled online by Nigel Farage and Elon Musk - put officers dealing with the ongoing riots at risk.
The phrase is used to describe the impression that some protests and demonstrations are dealt with more harshly than others.
What are the origins of 'two-tier' policing?
The term has been used to suggest police are more heavy-handed with people on the right of the political spectrum than the left.
Even before the current rioting in the UK, the idea was propagated by the likes of English Defence League founder Tommy Robinson, actor-turned political activist Laurence Fox, and former ex-minister Robert Jenrick.
Reform UK leader Nigel Farage summed up the sentiment when he claimed that "ever since the soft policing of the Black Lives Matter protests, the impression of two-tier policing has become widespread".
'Difference between riot and protest'
However, critics of those who have used the term say there is a clear difference between legal protests and the riots, which has seen mosques and hotels housing asylum seekers attacked, police officers hospitalised, and shops smashed and looted.
One of the strongest rebukes came from Dame Priti Patel, who was home secretary during the Black Lives Matter demonstrations in 2020.
She told Times Radio: "What we saw during the pandemic, we saw protest. We believe in free speech. We saw protests being policed.
"What we're seeing right now is thuggery and disorder and criminality. There is a complete distinction between the two."
What is the law on protests in the UK?
Protest is legal in the UK and the right to freedom of expression is also protected under the European Convention of Human Rights.
However, this only applies to peaceful protest and does not extend to any violence inflicted or damage caused during a protest.
As pointed out by Chris Hobbs, a former Special Branch officer writing for the Police Oracle website , arrests have been made at pro-Palestinian protests when there has been suspected criminal offences, as has been the case during climate protests and BLM demonstrations.
Prime Minister Sir Keir Starmer is banking on the rapid sentencing of convicted rioters putting people off committing more disorder.
There have been more arrests today - not just over the violence we've seen over the past week, but also inaccurate information about the Southport attack shared online.
False claims about the suspect helped ignite the riots.
People have been sentenced today, too - some to several years in jail.
For the latest on the response of the police and the courts, head to our dedicated live blog:
The unrest of the past week has seen members of the far right target Muslim communities and mosques.
It's reignited calls for the government to adopt an official definition of Islamophobia, with the hope it could help educate sections of the public and clamp down on violence and abuse.
Rishi Sunak's government refused to adopt one, suggesting it could negatively impact freedom of speech, and instead referred to cases of "anti-Muslim hatred".
And it appears the new government won't be quick to adopt one either.
Asked directly on Sky News if it would consider one, communities minister Alex Norris danced around the question.
'Still people out there who want to cause disorder'
"Our focus is on the next few days," he said, adding there'll be "plenty of other things we can look at" when the risk of more unrest has passed.
Mr Norris said while there are "still people out there who want to cause violent disorder", the government's focus is on ensuring police "have the powers they need" and that "swift justice" can be delivered.
We've spotted cabinet ministers and police chiefs arriving for tonight's COBRA meeting in Whitehall.
Met boss Sir Mark Rowley and Justice Secretary Shabana Mahmood are among those we've seen.
The meeting, chaired by Prime Minister Sir Keir Starmer, will discuss what happened last night and what may still be to come - the government has suggested more protests could be in the offing this week.
We'll bring you updates from the meeting whenever we can.
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Start Preamble. Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the National Advisory Council for Nursing Research.
On August 29, 2011, the Department of Homeland Security published a final rule titled "Immigration Benefits Business Transformation, Increment I," which, in part, amended DHS regulations to remove references to form numbers and titles. Two of the amendatory instructions were inadvertently not...
Politics latest: New poll makes grim reading for Farage - as PM tells COBRA meeting to 'maintain high alert' Sir Keir Starmer stressed the need to "maintain high alert" for more disorder as he ...