Articles Posted in Assisted Living Facilities

A recent article in UT San Diego broke the news that Palomar Health will be closing its Escondido nursing home in October 2013. As a result, more than 80 residents will be displaced, and 130 staff members will face layoffs. What led to the decision? According to an official at the health system, Medi-Cal funding cuts and “coming off a difficult fiscal year” are two major factors that are forcing the facility to close its doors in just a few months.

News of this nursing home closure raises concerns about nursing facility overcrowding and affordability in the southern California area. If you have questions about nursing homes in our area or are concerned that your loved one is suffering nursing home neglect or abuse, an experienced injury attorney can discuss your claim with you today.

Nursing%20Home.jpgPalomar Continuing Care Center—Facility Details

State regulators in Miami, Florida ordered an assisted living facility to shut down after caregivers tied an elderly woman to her wheelchair. The Miami Herald reported that the frail woman was forced to sit on a life-threatening wound after being bound to the wheelchair. The San Martin De Porras assisted living facility will have to pay $20,000 in fines and it will have to close following an order from the state Agency for Health Care Administration.

While this facility closure occurred in Florida, it has relevance for residents of California nursing homes and assisted living facilities. The nursing home abuse in Miami may have happened across the country, but the problems in this facility could happen anywhere. If you are concerned that a loved one may be experiencing nursing home abuse or neglect, it’s important to speak to an experienced nursing home abuse attorney to discuss your options.

Details of the Assisted Living Facility Closure

Back in 2011, a Miami Herald investigation uncovered evidence of elder abuse and neglect in assisted living facilities across the state of Florida. Since then, politicians have been working to pass legislation to reform assisted living facilities in Florida. However, according to an article in the Miami Herald, the bill failed to pass again on the last day of the legislative session in Florida.

While this legislation (or the lack of it) would primarily affect residents in Florida, the state’s concerns about abuse and neglect in assisted living facilities are just as relevant here in California. Do you have a loved one who is currently in an assisted living facility? If you’re concerned about abuse and neglect in nursing homes or assisted living facilities in southern California, contact an experienced nursing home abuse lawyer today to discuss your case.

History of the Legislation

Iris Ramirez owns four residential care facilities for the elderly in San Diego called Ambassador Senior Retreat. Those facilities, like all licensed RCFE facilities in California, are overseen by the California Department of Social Services – Community Care Licensing (CCL). That means licenses can only be issued by CCL, inspections are made by CCL, and in the event of a complaint, investigations are performed by CCL. In short, CCL is the regulatory agency that gives residents of these facilities (and their families) the assurance that laws will be followed, regulations enforced, and that proper care will be provided.

Ramirez apparently didn’t want to take any chances with CCL investigators, and, according to news accounts, offered bribes to the very people charged with overseeing her assisted living facilities. The investigators have been identified as Conchita Valero, Lydia Williams and Christina Nepomuceno.

A search warrant executed this month alleges that Ramirez purchased airline tickets for Valero and Williams to travel to the Philippines for a vacation, and also gave Valero cash in the sum of $2,800. In exchange for the tickets and the cash, the CCL employees fast-tracked Ramirez’s licenses to operate her facilities. Apparently you don’t need brains to operate a residential care facility. According to the news accounts, Ramirez told investigators that she was “probably” getting preferential treatment because of the bribes.

In addition to Ramirez, the investigation has focused on Selma Teer, the owner of the Eternal Sunshine Care assisted living facility on Quince Street in San Diego. According to court documents, Teer wanted to open another facility, and offered investigator Nepomuceno a $3,000.00 bribe to expedite the process. Like Ramirez, Teer made no effort to conceal her expectation of a quid-pro-quo. When Nepomuceno went on medical leave and did not return Teer’s calls, Teer left her a rather incriminating message on Nepomuceno’s state-issued cell phone:

“(You are) not returning my call. You are not paying my money back. You want a bribe for my application for my license. You lied. You are such a liar. You want a bribe, do your job. You don’t do your job; you give me my money back.”

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When Sean Suh’s grandmother was admitted to a residential care facility he wanted to make sure she was being watched at all times. To do that, he installed a camera at her bedside that recorded his grandmother 24/7. The camera wasn’t hidden, and frequently when Ms. Suh would visit his grandmother, he would find the camera unplugged. After finding his camera unplugged one too many times, he decided he needed to find his grandmother a new place to live. She died before he could move her out.

When Mr. Suh looked at some of the footage his “Grannycam” captured he was stunned. The video showed his grandmother being lifted off the floor and thrown hard into her wheelchair. Then, it appears, a caregiver tips the wheelchair all the way back and violently shakes the elderly woman.

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At Walton Law Firm, we have handled numerous cases involving decubitus ulcers or bed sores, many of them resulting in the death of the patient. But the cases we handle are civil cases; a prosecution of the nursing home or other caregiver to seek money damages. We have never seen any caregiver prosecuted criminally for such neglect.

090903_jean_rudolph.jpgIn Washington State, however, the owner of an assisted living facility and an employee were charged with crimes for the neglect of Jean Rudolph, who died under their care. When Rudolph died in 2008 at the age of 87, she weighed only 68 pounds. The cause of death was related to infections that were caused by bed sores so severe that they exposed her bones, including a hip sore so severe that her hip bone jutted out of her body.

Her son, who visited her twice a week, never knew of the sores. His mother suffered from end-stage dementia and couldn’t speak or express her needs, and each time the son visited she was always under covers.

If you considering using the services of a residential care facility for the elderly or an assisted living facility, you may be wondering how to select a good one. Unfortunately, there is no rating system like you might find in hospitals, and now nursing homes, but there are actions you can take that will help ensure you make the right choice.

The California Advocates for Nursing Home Reform (CANHR) have created a checklist to use when researching care facilities for the elderly. First and foremost, evaluate the most recent inspection report from the California Department of Social Services, Community Care Licensing (DSS). Your local DSS office will have a complete inspection file on every facility within its jurisdiction, and you have a right to review. Simply contact the office and make an appointment to go review the file. (Click here to find your local DSS office).

When reviewing the file, you want to make sure to examine:

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. A failure to pay rent within 10 days of its due date;

2. Failing to comply with state or local law (e.g. using illegal drugs, assault/battery, etc);

On a fairly regular basis I get telephone calls asking for a recommendation to a “good” nursing home or assisted living facility. I have to refrain from answering, because though I have brought legal actions against many nursing homes for abuse and neglect, I also know there are plenty of homes out there that can provide good care. I just don’t know who they are.

Today I met with someone who does. Lise Marquis, with A Place For Mom (www.aplaceformom.com), explained to me all the considerations in finding the right placement for an elderly loved one. A Place for Mom provides consultations for senior housing and care options, and has literally hundreds of options including skilled nursing facilities, assisted living, Alzheimer’s and dementia care, respite care, and board and care homes. And get this, the service is free.

In addition to providing options for housing, Lise can also provide resources for financing, therapy services, and legal services if those aspects of care are needed.

SANTA BARBARA – Sheriffs have arrested a 35-year-old man in the alleged rape of a 36-year-old developmentally disabled woman. Christopher Coates was arrested last Wednesday and is being held on $100,000 bail.

According to new accounts, Coates was a caregiver at a residential care facility in Santa Barbara County (the name has not been released) in June when police received information from an employee, who told police that the victim had complained of being sexually assaulted. An investigation led to the arrest of Coates, who lives in Goleta, and who was no longer employed at the facility at the time of his arrest.

Under California law, the facility could be held responsible for the sexual assault upon the disable adult. California’s Elder Abuse Act applies equally to “dependent adults,” who are defined as individuals between the ages of 18 and 64, and who reside in a custodial care facility.

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