Articles Posted in Nursing Home Abuse and Neglect

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Nursing homes in California should take note of the negative publicity surrounding elder abuse and assisted-living facilities in our state.  A recent article in the Santa Cruz Sentinel described serious nursing home abuse allegations that point to fraudulent Medicare claims and poor patient treatment.  In Watsonville, located in Santa Cruz County, the owners of two nursing homes are facing a lawsuit.  According to the report, federal prosecutors sued the owners “allegiDSC08554-bng that leaders made fraudulent Medicare claims” and “persistently and severely overmedicated elderly and vulnerable residents.”

Overmedication and Fraud Allegations

The two nursing homes at issue are Country Villa Watsonville Easy Nursing Center and Country Villa Watsonville West Nursing Center, both in Santa Cruz County.  The owners have been linked to serious crimes connected to nursing home abuse and neglect.

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History of the Star Rating System

A recent New York Times article discussed the danger of trusting the Medicare star rating system, providing as an example a five-star nursing home facility in California with a history of elder neglect violations. Last week, we discussed the star rating system and the Rosewood nursing home in the Sacramento area. In sum, the rating system is not helping consucohdranknmomprknsnsmers in the way it claims. How did this rating system rise to prominence, and why are so many Americans willing to trust it without additional investigation?

According to the article, the five-star rating system began in 2007, when Oregon Senator Ron Wyden posed the following question at a congressional hearing: why is it easier to shop for washing machines than to select a nursing home? Two years later, Medicare officials developed the  star rating system, “a move that was applauded by consumer groups, who hope that more transparency would lead to greater accountability.”

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Five-Star Nursing Homes May Not the Best Indicator of Care

Are Medicare star ratings good predictors for the quality of care at nursing homes?  According to a recent article in the New York Times, a facility with a five-star rating may not be what one would expect.  In fact, many five-star facilities have receiIMG_29490008ved fines for injuries related to nursing home neglect.

Rosewood Post-Acute Rehab, a nursing home located in a Sacramento suburb, received a five-star rating from Medicare.  The nursing home “bears all the touches of a luxury hotel, including high ceilings, leather club chairs, and paintings of bucolic landscapes.”  According to the article, getting a five-star rating—the highest possible—is not easy.  Only about one-fifth of all nursing home in the U.S., about 3,000 total, hold this distinction.

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Many of us have heard about assisted living facility reforms pending before the California legislature, as well as those aimed specifically at residential care facilities for the elderly (RCFEs).  But are those reforms sufficient to ensure that California seniors are safe from elder abuse?  According to a recent story from KQED’s State of Health, many elder justice advocates in California do not believe the reforms are going to do enough.

Recent History of Elder Abuse in San Diego

According to Deborah Schoch, an advocate with the California HealthCare Foundation Center for Health Reporting, the number of assisting living facilities in our state essentially doubled over the last 25 years.  For whom are these faciwoman-65675_1280lities designed?  According to Schoch, they are intended for older, healthy adults who are “relatively independent.” Yet many of these facilities have taken in patients who require much more extensive levels of care, and assisted living facilities “are not designed to deliver skilled nursing care.”

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A Booming Hospice Industry in America

Did you know that about half of all Medicare patients who die “will do so as a hospice patient”?  According to a recent article in the Huffington Post, just ten years ago only about 25 percent of all Medicare patients died in hospice care.  Now, in the mid-2010s, that number has doubled.  And it affects Medicare spending, too.  Indeed, in 2014, Medicare is likely to spend about $15 billion on hospice care alone, according to the Medicare Payment Advisory Commission.  That number has risen dramatically from the year 2000, when that cost was under $4 billion annually.

Yet, despite the fact that hospice care costs billions of dollars each year, the government doesn’t put an equivalent effort into hospice regulation, according to the article.  To be sure, a recent investigation discovered that “the average hospice hasn’t been certified—meaning fully inspected—in 3 ½ years.”  And some American hospice facilities, 759 to be exact, haven’t received certifications “in more than six years.”  Keep in mind that, under federal law, nursing homes must be inspected much more frequently—every 15 months—and incidents of nursing home abuse and neglect occur nonetheless.  What does this mean for the well-being of patients in hospices that haven’t been inspected recently?

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Global and Local Awareness About Aging and Elder Abuse

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Earlier this month, San Diego County’s Aging Summit, which focused on Alzheimer’s disease and caregiving issues, occurred just as the National Center on Elder Abuse (NCEA) and the Administration on Aging launched the eighth “World Elder Abuse Awareness Day.”  The two projects represent both global and local initiatives to educate family members, caregivers, and the public generally about important issues that older adults face today, as well as the prevalence and risk factors for elder abuse.

Nursing home abuse and neglect is an important issue in California, particularly as we await potential changes to the law surrounding residential care facilities for the elderly (RCFEs).  At the same time, however, elder abuse is a nationwide—and indeed, a worldwide—concern that affects us all.  If you have questions about how you can help an older adult who has sustained injuries because of elder abuse, don’t hesitate to speak to an experienced San Diego elder justice advocate.

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With California making national news over elder abuse at nursing homes and residential care facilities for the elderly (RCFEs), it may not come as a surprise that the Los Angeles County Department of Public Health has reassigned Ernest Poolean, the “supervisor in charge of nursing home inspections,” only a few days following the “release of a highly critical audit of his division,” according to an article in Kaiser Health News.

Old Guy

Poolean’s reassignment suggests that the California Department of Public Health is beginning to look at nursing home neglect more closely and has decided to make elder abuse an important issue in Los Angeles and throughout the state.  If your elderly loved one has suffered injuries as a result of nursing home abuse or neglect, it’s very important to contact an experienced San Diego nursing home abuse lawyer. At the Walton Law Firm, we are committed to helping older adults throughout Southern California.

Chief Inspector Reassignment Details

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Over the past several months, Southern California has been in the elder law spotlight.  With news of rampant nursing home abuse throughout the state and a PBS frontline special, California legislators have been looking to more closely regulate residential care facilities for the elderly (RCFEs) in our state.  During the second week of March, the San Diego Board of Supervisors made a decision to “tighten oversight of residential care facilities for the elderly,” and they also elected to fund a “one-year pilot program to investigate and prosecute crimes committed at care homes, according to an article in KPBS San Diego.

Old Man

Nursing home abuse and neglect is a serious problem in San Diego and, indeed, across the state and country.  If you suspect that your elderly loved one has been injured because of nursing home abuse or nursing home neglect, you shouldn’t hesitate to speak with an experienced California nursing home abuse lawyer.  At the Walton Law Firm, we have years of experience handling these claims, and we’re eager to help with your case.

Details of the San Diego County Supervisors’ Decision

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Last week, we told you about a recent study conducted by the inspector general of the U.S. Department of Health and Human Services (HHS). The report focused on skilled nursing facilities and found that about one-third of all nursing home patients suffer injuries, and more than half were preventable. The study focused on more than 600 patients from over 600 skilled nursing facilities during a one-month period in 2011. Using these figures to project nationally, the study asserted that nearly 22,000 patients sustained injuries, and more than 1,500 patients died as a result of nursing home abuse or neglect during the month of the study.

How can we repair this shocking problem? Legislators and advocates for nursing home reform have expressed serious concern over the facts presented in this recent report. Is raising awareness about health care standards in skilled nursing facilities sufficient? Would increased inspections help? Or can we do even more to remedy the harms suffered by elderly loved ones in nursing homes?

Patients “Deserve Better,” Legislators Say

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Profiting from Bad Hospice Ethics

Last week, we discussed a recent phenomenon in the hospice care industry that’s quickly becoming an elder abuse concern. Specifically, hospice—a form of care designed to allow “patients to die at home or in other familiar surroundings,” according to an article in the Washington Post—has turned into a financially lucrative business. But is it an ethical one? Are hospice companies acting outside the boundaries of the law? And is it possible to take legal action against hospice chains that recruit patients who aren’t suffering from a terminal illness?

Old%20Dying%20Woman.jpgFirst, it’s important to have a clear idea about why hospices are bringing in relatively healthy older adults, and how these companies are profiting from non-terminal patients. How did this start to happen? In short, many hospice care centers have begun recruiting patients with aggressive marketing tactics, and many of those patients aren’t terminal. It’s in the financial interest of a hospice chain to “find patients well before death,” the Washington Post reported. And the reason is simple: “Medicare pays a hospice about $150 a day per patient for routine care, regardless of whether the company sends a nurse or any other worker out that day. That means healthier patients, who generally need less help and live longer, yield more profits.”

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