As America’s elderly population continues to explode (it will double by 2030), an important question that has received little attention in the national healthcare debate is how the U.S. will be able to deal with 78 million aging baby boomers. Those of us who practice elder abuse and neglect law…
A nursing home called Valley Gardens Health Care and Rehabilitation in Stockton, California has received an “AA” citation from the California Department of Public Health due the neglect of one of its residents. The AA citation is the most severe penalty that can be levied by the state, and is…
In a strongly worded report, the California Senate Office of Oversight and Outcomes recommended major reforms to the California long-term care ombudsman program. The responsibility of the Ombudsman program is to investigate and resolve complaints made by individual residents in nursing homes. According to the California Advocates for Nursing Home…
Starting yesterday, new California regulations will require finger printing and a criminal background check for all new in-home caregivers before the caregivers can get paid. The law, enacted to help prevent fraud and elder abuse, is not being well received by many providers. Many counties have complained that the new…
The Chicago Tribune recently published a brief article called 5 Things to Know about Psychotropics, which I thought I would pass along to you. Here are the five things: Your rights: A nursing facility cannot administer a psychotropic drug without a physician’s order, which by law requires informed consent and…
If you or a loved one is being threatened by eviction from your assisted living facility (or residential care facility), it is important to know that the law is on your side. Under the California Code of Regulations, an assisted living resident can be eviction for only five reasons: 1.…
Governor Schwarzenegger has vetoed SB 303, a proposed law that would require doctors to inform residents about the dangers of psychotropic medications, and require nursing homes residents to give consent before such drugs can be given. According to the California Advocates for Nursing Home Reform (CANHR), the use of psychoactive…
Most plaintiff attorneys who represent elderly injury victims have a nightmare story in dealing with the Medicare Secondary Payer Act. The Act requires any Medicare beneficiary who is injured by a third-party, and then collects money from that third-party, to reimburse Medicare for the money it paid to treat the…
The Fallbrook Hospital District Skilled Nursing Facility was fined $90,000 by the California Department of Health in a case involving the fall and subsequent death of a resident. The citation was the most severe of its kind arising from inadequate care leading to the death of the resident. Although the…
At the end of last week, a Medicare rate adjustment that cuts $16 billion in nursing home funding went into effect. That cut, combined with state cuts, is creating conditions that are likely to put nursing homes in a state of crisis. In fact, the president of the American Health…