Articles Posted in Assisted Living Facilities

doctorAre California’s assisted-living facilities getting any safer for elderly residents? You might remember a series of reports in U-T San Diego about the prevalence of “deadly neglect” in assisted living facilities throughout our state. While efforts have been underway over the last couple of years to change the culture in California’s assisted-living facilities and residential care facilities for the elderly (RCFEs), it is difficult to know whether or not we can trust that a facility will provide proper care for our elderly loved ones. Nursing home abuse and neglect remains a serious issue in Southern California and, indeed, across the country.

According to a recent news release from the California Advocates for Nursing Home Reform (CANHR), a facility in Anaheim was cited for serious violations in connection with elder abuse and neglect. What else do you need to know about the recent citations and what they say about the safety of assisted-living facilities in California?

Report Suggests Patterns of Elder Abuse and Neglect

gavelWhat happens when a nursing home resident cannot make medical decisions for herself but she has no family members to rely upon? Last summer, we told you about a case that went before the Alameda County Superior Court, which put some of the power back in the hands of nursing home residents. A recent article in the California Health Report emphasized the far-reaching implications of this decision, and the ways in which there are both potential pros and cons for nursing home residents.

CANHR’s Case Against the California Department of Public Health (CDPH)

Before we discuss some of the recent commentary on the court decision from June of 2015, it is important to recall the key issues at stake in this case. According to the article, the advocacy group California Advocates for Nursing Home Reform (CANHR) filed a lawsuit against the CDPH, arguing against the constitutionality of “a California statute allowing nursing homes to make medical decisions for residents incapable of doing that for themselves and who have no family or legal representatives.”

file2811310649672According to a recent article from U.S. News & World Report, many nursing homes in California and across the country are working hard to eradicate elder abuse and neglect, but there is still more work to be done. As the article explains, “the next generation of nursing homes is working to shed old stereotypes.” But do cases of nursing home abuse persist?

Changing the Face of Nursing Homes in California

How do most of us imagine nursing facilities when we have not visited loved ones who are residents? The article in U.S. News & World Report notes that, “for many, the image of nursing homes is one of sad, sterile institutions where elderly people are left isolated by family members who stop caring.” Generally speaking, this image of nursing homes is not accurate. We cannot necessarily tell whether a facility is taking good care of its residents—and taking important steps to prevent elder abuse and neglect—just by looking at it. As we have noted in previous posts, numerous nursing homes that have been fined for nursing home abuse or neglect have posh interiors and carry higher price tags than safer facilities.

apartment buildingFederal laws exist to prevent nursing homes from removing elderly residents into hospitals, yet the California Advocates for Nursing Home Reform (CANHR) are alleging that the state of California is doing just that, according to a recent press release. The nonprofit advocacy group argues that “California nursing homes have been sending Medi-Cal residents to acute care hospitals and refusing to allow them to return to the nursing homes where they reside.”

CANHR has described the state’s actions as “patient dumping,” according to a report from Southern California Public Radio. And dumping patients is not just an issue for older adults or for those of us with elderly loved ones. If the allegations turn out to be true, they will have cost taxpayers in California more than $70 million over the last decade.

Federal Requirements and Readmission to Nursing Facilities

file1251238100316Cases of nursing home abuse and neglect often go unreported. Even when seniors report incidents of elder abuse, there is no promise that a nursing or assisted-living facility will be held accountable. Given that nursing home abuse continues to plague elderly residents of Southern California, where can we turn to seek clearer answers about the causes of abuse and neglect? According to a report from NBC News, interviewing certified nurse aides might help to give us some insight into the reasons that nursing home neglect continues to result in serious injuries to some of the most vulnerable Californians.

Taking Questions About Nursing Home Abuse and Neglect “Straight to the Source”

How can we find out more about the reasons that elder abuse persists in facilities throughout the state of California? One advocate, Carolyn Pickering, has decided to go “straight to the source,” and she is “asking certified nurse aides what they think the problems are.” As Pickering explained, there is a close relationship between happy and healthy employees and happy and healthy patients. You cannot have one without the other, she intimates. Given the link between employee safety and patient safety, Pickering believes that certified nurse aides and other healthcare professionals employed by nursing homes can help to shed light on the issues that result in elder neglect.

file3261246766942According to a recent article from Modern Healthcare, a Riverside nursing home owned by Schlomo Rechnitz was the target of an FBI investigation. The FBI served search warrants at the Alta Vista Healthcare & Wellness Centre late last month, but the agency has not yet commented on the nature of its investigation. Have more issues of nursing home abuse and neglect arisen at facilities in our state?

Learning about nursing home abuse and neglect allegations in Southern California can be disconcerting, particularly when you have an elderly loved one who receives care at a nursing home or assisted living facility in our state. If you have concerns about a senior’s safety, you should contact an experienced San Diego nursing home abuse attorney.

Renewed Scrutiny into Rechnitz Facilities

file0002014909352According to a recent article in the Contra Costa Times, the family members of an 85-year-old senior are suing the San Pablo skilled care facility where she lived for elder abuse and neglect. The family alleges that the senior’s death was “the direct result of improper care at the facility where she was a patient for the last three years.” The family also alleges that the San Pablo facility, Vale Healthcare Center, failed to:

  • Meet staff-to-patient ratios required by the law;
  • Provide care plans for dementia patients;

Shower headOver the past couple of years elder advocates have been paying a significant amount of attention to physical abuse and neglect at nursing homes in the San Diego area. It is important to remember that nursing home abuse can take many forms, including emotional and psychological abuse. According to a recent report from ABC 10 News, allegations of elder abuse at a Vista facility have resulted in an investigation by the San Diego County Sheriff’s Department. The article indicates that an employee at the LifeHOUSE Vista Healthcare Center has been “accused of using her cellphone to take footage of a patient getting in the shower, and then posting it on the internet.”

Elder Abuse Investigation in Vista

The elder abuse investigation in Vista got underway after someone who viewed the online video “took a screen grab” of it and sent it to ABC 10 News. The video was taken on Snapchat. According to the report, “it shows a partially nude woman from the shoulders up,” and there is an employee “standing behind her laughing.”

As of July 1, 2015, owners of Residential Care Facilities for the Elderly (RCFEs) in California were required to have liability insurance in the event of elder neglect and other related injuries. The new law, which went into effect just this past summer, began as AB 1523, a bill that was sponsored by the Consumer Advocates for RCFE Reform (CARR). In the minds of many elder justice advocates, mandatory liability insurance for RCFEs represents one step toward safer care options for seniors in California. If we take a closer look at the history of the bill and the implications of mandatory liability insurance in our state, we can better understand how this new law may have an effect on incidents of nursing home abuse.

Background to AB 1523 and the Requirement of RCFE Insurance

Over the last couple of years, numerous advocates have voiced concern about the state of the assisted-living industry in California. Many reports about elder abuse and neglect appeared in The San Diego Union-Tribune, emphasizing the need for reform measures throughout the state. One of those reforms includes the law requiring liability insurance for RCFEs. As CARR explains in a press release about the new law taking effect, the advocacy group conducted extensive research into the affordability of mandatory insurance. In short, CARR found that “the average monthly cost to a small, six-bed facility would amount to approximately $50 per month per resident.” According to CARR, $50 per month for each resident of an RCFE is “a reasonable amount by any standard.”

handsIf California nursing home employees go on strike, who will provide care for patients residing in the facilities? Should families of those patients have concerns about nursing home neglect? According to an article in the Marin Independent Journal, sixty nursing home workers went on strike last month in San Rafael following a string of nursing facility violations from government regulators. The strike was aimed at forcing the nursing facility to cease its understaffing practices and to encourage a work environment in which providing a threshold level of care for patients is among the most important logistics of running the facility. Even if such a strike is intended to improve conditions, who cares for patients while employees are on strike?

Understaffing and High Turnover Limits Quality of Care

The recent strike occurred at San Rafael Healthcare and Wellness Center, which is owned by Brius Healthcare Services. With more than 80 facilities in California, Brius is the largest nursing home chain in our state. For the last 18 months, employees of the nursing home have been working without having a contract. Why are employees working without a contract? About a year and a half ago, those workers rejected the terms of a union-negotiated contracted because it did not do enough to deal with the serious understaffing problem at the facility.

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