Southern California Nursing Home Abuse Lawyer Blog

October 8, 2014

Fines to Increase at Assisted-Living Facilities

New Bill Raises Penalties for Elder Abuse and Neglect

Is the state of California taking seriously the problems with nursing home abuse and elder neglect at assisted-living facilities? According to a recent article in UT San Diego, Governor Jerry Brown just signed into law a bill that will impose “a 100-fold increase in the top fine for violations of state regulations at assisted-living homes for the elderly.” Before Governor Brown signed the bill, the highest fine for a violation that results in the death of a resident was only $150. Now, the top fine rose drastically to $15,000.

Fines for elder abuse and neglect resulting in the death of an older adult are not the only penalty increases. To be sure, the bill will also raise the maximum fine for “violations leading to serious injury or abuse from $150 to $10,000.” And the new law will not just apply to assisted-living facilities, as was originally proposed in the bill co-authored by Assemblyman Brian Maienschein of San Diego. It will “apply to all community care facilities in the state.”

October 1, 2014

Nursing Homes and Federal Reporting Requirements for Elder Abuse

by Walton Law Firm

Are nursing homes in California abiding by federal regulations for reporting allegations of elder abuse or neglect? According to a recent report released by the Office of the Inspector General for the Department of Health and Human Services (HHS), not all facilities are reporting incidents of nursing home abuse.

Reporting Requirements and Increasing Rates of Elder Abuse

The HHS report emphasized that about five million elderly Americans (or ten percent of the elderly population) sustain injuries from physical abuse, neglect, and financial exploitation. However, these crimes are not always reported.

September 24, 2014

Elderly Conservatee Rights Violation

by Walton Law Firm

A recent article in the Examiner alleges that Scott Phipps of Phisco Fiduciary committed elder abuse against a senior conservatee, Elinor Frerichs. Elder advocates argue that Scott Phipps kept Frerichs “confined and isolated” at Lakeside Park, her assisted living facility in Oakland. If true, the fiduciary may have violated the rights provided to conservatees in the state of California.

Conservatee’s Rights in California

According to the Notice of C onservatee’s Rights, our state makes clear that, when an elderly person becomes a conservatee, they do not lose all rights to handle decisions. Indeed, “he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life.” The conservatee is entitled to “ask questions and to express concerns and complaints about the conservatorship and the actions of his or her conservator.”

September 17, 2014

Northern California Nursing Home Sued for Overmedicating Residents

by Walton Law Firm

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 “alleging 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.

September 10, 2014

Sacramento Lawyer Charged with Elder Abuse

by Walton Law Firm

A recent article in the Sacramento Bee reported on an attorney in the northern California area who was charged with financial elder abuse. At the Walton Law Firm, we take elder financial abuse very seriously. As an Elder Justice Advocate, Randy Walton is committed to protecting older Americans from crimes such the ones that occurred recently in Sacramento. When looking for an elder lawyer to help with your legal issues, you should not need to worry whether you will be treated fairly. Contact our office today to learn more about our dedication to safeguarding elders in the San Diego area and throughout the state.

Scams Target Elderly Californians

According to the Bee article, in late August, authorities arrested Delbert Joe Modlin, 63, on charges of financial elder abuse, grand theft, and securities fraud. His release on bail conditioned that he agree not to practice law or see clients until the criminal proceedings ended. Modlin has been licensed to practice law in California since 1987.

September 3, 2014

Behind the Medicare Star Rating System

by Walton Law Firm

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 consumers 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.”

August 27, 2014

Medicare Star Ratings and Quality of Care

by Walton Law Firm

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 received 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.

August 20, 2014

Assisted Living Reforms Are Not Enough, Some Advocates Say

by Walton Law Firm

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 facilities 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.”

August 11, 2014

California Needs a Tech Upgrade: Online Information and Assisting Living Facilities

by Walton Law Firm

It’s no secret that California assisted living facilities have been in the national news due to reports of nursing home abuse and neglect. Indeed, over the last year, elder rights advocates have emphasized the need to make information about nursing homes and assisted living facilities readily available to older adults and their loved ones. Without such information at our fingertips, how will we know which facilities are safe and can provide a high quality of care for our elderly parents? According to a recent story from KPBS San Diego Public Radio, this kind of information remains pretty difficult to access.

Lacking Internet Information About California Assisted Living Facilities

According to the recent KPBS story, it’s not easy to access information about the quality of nursing homes and assisted living facilities in Southern California. For example, Lorid Macri’s mother suffers from dementia, she told KPBS. At the beginning, Macri cared for her mother. However, the stress of caring for a dementia patient became “overwhelming.” And when Macri herself needed hospital care, she realized she needed to find an assisted living facility where her mother could receive quality care.

August 8, 2014

Financial Elder Abuse Continues to Thrive in California

by Walton Law Firm

Southern California Insurance Agent Charged with Financial Abuse

Elder abuse comes in many forms, from physical violence to financial fraud. A recent article in Consumer Affairs reported that a licensed insurance agent in Southern California was recently arrested fo elder financial abuse. The insurance agent, John Paul Slawinski, 59, was charged with “five felony counts of financial elder abuse and five counts of burglary.” What did he do? Specifically, the charges allege that he “ripped off five senior citizens for more than $2 million through the sale and surrender of investment annuity products.”

Earlier in the summer, the California Department of Insurance received complaints about Slawinski and decided to launch an investigation. The complaints claimed that Slawinski had convinced five different senior citizens to give up annuities and investments, promising that he could get them higher returns on their money. Yet Slawinksi never purchased additional annuities or investment products with the seniors’ money, and he never gave back the funds, either. In other words, he “conned the victims into giving him money to invest for them.”

“From our first phone conversation, Mr. Walton provided a sincere interest in our case. My mother had suffered both abuse and neglect while in the care of a nursing facility, ultimately resulting in her death. My family and I would highly recommend Randy Walton.★★★★★- Judy S., San Diego -

"Walton Law Firm was amazing. Very professional, but personal. Having a lawyer to make sure that everything is taken care of removed so much stress."★★★★★- Wayne G., Encinitas -

"After my husband was killed in a motorcycle accident, Randy was there from the moment I first called."★★★★★- Suzanne S., Escondido -

"Calling Randy was the best decision I could have made. He got me an excellent settlement that covered all my medical bills and put a sizable chunk of money in my pocket."★★★★★- Erik S., San Marcos -

"Truly as good as it gets, if not beyond great, for Randy Walton and his paralegal Sarah Earnest. He and she are both incredibly dedicated to what they do and I never felt I couldn't trust him."★★★★★- Natalie T., Lake Elsinore -

"Randy is a great lawyer and a better person. He went above and beyond the call of duty to reach a settlement in my case. He believed in my case when no one else did."★★★★★- David C., San Diego -