On December 7, NPR had a short segment during Morning Edition describing the impact of lack of staffing — and therefore lack of “beds” —  in nursing homes and rehabilitation care facilities, which in turn means hospitals are stuck keeping the patients. Further, Medicaid often won’t pay for hospital care for individuals who “only” need nursing home care. 

Listen to the 3-minute segment that uses hospitals in Vermont as the focus:  Limited Nursing Home Beds Force Hospitals to Keep Patients Longer.

The story hints at several subtle issues, including Medicaid funding priorities, especially as Medicaid involves joint federal/state funding, and how health care handles “inability to pay” by residents.   This last semester I’ve taught a stand alone course on Nonprofit Organizations Law and students are often surprised to learn that the single largest — and highest income — segment of the nonprofit world is health care, especially hospital-based health care.   Students ask how a “charity” accounts for earnings and losses — and we discuss the fact that no organization, nonprofit or for profit, can afford to operate very long without adequate revenues to stay solvent.    The NPR story reflects a theme that my course often raises — what does it mean to be “charitable”?  

Photo of Katherine C. Pearson Katherine C. Pearson

Katherine C. Pearson is a Professor of Law and the Arthur L. and Sandra S. Piccone Faculty Scholar at Penn State Dickinson Law in Carlisle, Pennsylvania.

Her scholarship focuses on laws and policies connected to aging and she has frequently included age-related issues…

Katherine C. Pearson is a Professor of Law and the Arthur L. and Sandra S. Piccone Faculty Scholar at Penn State Dickinson Law in Carlisle, Pennsylvania.

Her scholarship focuses on laws and policies connected to aging and she has frequently included age-related issues in her teaching of courses on contract law, conflicts of law and nonprofit organizations law.  She is a regular speaker for continuing education programs, both for consumers and lawyers, to address cutting edge concerns in consumer protection for older adults.  She is the author of articles and chapters on access to justice, senior living options including continuing care and life plan communities, long-term care financing and filial obligations, and is the co-author of a treatise, The Law of Financial Abuse and Exploitation (Bisel 2011).

She authored chapters for the Research Handbook on Law, Society and Ageing, published in 2024 as part of a series on law and society handbooks offered by international publisher Edward Elgar. She is a 2024-2025 Fulbright Scholar in Canada and was in residence at the University of Ottawa in the Fall of 2024 as the Research Chair in Health Law, Policy and Ethics.  Her earlier experience as a U.S. Fulbright Scholar (based at the Queen’s University Belfast, Northern Ireland, and working in Ireland, Portugal, and the U.K. in 2009-10), resulted in publications, including an article with an international, historical perspective on ethical concerns for attorneys representing older adults, entitled “The Lesson of the Irish Family Pub,” published by Stetson Law Review.