California Nursing Home Abuse Lawyer Blog
Assisted living facilities are licensed as Residential Care Facilities for the Elderly, and are generally thought of as living environments for people who need help with one or more activities of daily living, but are otherwise pretty healthy. In fact, the regulations covering RCFEs are designed with this in mind. Under the law, RCFEs are considered non-medical facilities, and are designed to serve people 60 years of age and older by providing room, meals, supervision, housekeeping, distribution of medications, and, if needed, assistance with hygiene, dressing, eating, bathing and transferring.
Since they are considered “non-medical,” these assisted living facilities may not admit people with certain “prohibited conditions.” Some of those conditions include Stage 3 and 4 pressure ulcers (bed sores), gastrostomy tubes, serious infections, naso-gastric tubes, and the need to depend on others to perform all activities of daily living.
RCFEs may admit persons with certain “restricted conditions,” such as persons on oxygen, with catheters or colostomy bags, diabetics, or people with incontinence or small wounds, but only if certain other conditions are met. In short, RCFEs or assisted living facilities are not for sick people.
Are some of these options better than others? Depending on your unique situation, there are many factors to consider when deciding what kind of care is best for someone who suffers from dementia. If you have questions or concerns about the level of care your elderly loved one has received or is currently receiving, it’s a good idea to contact an experienced 
Many states have been tightening their oversight of home care agencies over the past several years, due to a general sense of inadequacy in the services provided by these companies. And now, California has joined that group. According to an article in the New York Times, “California has become the latest state to tighten oversight of home agencies that provide custodial care—help with bathing, dressing, toileting and other basic tasks—to older adults and people with disabilities.”
A recent article in U-T San Diego reported that many seniors are able to remain in their homes, even when they require specialized care. Indeed, according to the U-T San Diego article, in-home health care can actually “serve as a less expensive and more personalized alternative to residential care facilities for seniors.”
While many assisted living facilities in California may be providing appropriate care and abiding by the law, many of these homes continue to expose their residents to serious cases of abuse and neglect. If you have an elderly loved one who resides in a nursing facility, it’s important to make sure that your loved one receives the best care possible. If you’re concerned about nursing home abuse or neglect, don’t hesitate to contact an 
After realizing that many incidents of abuse and neglect go unreported, or worse, unrecognized by the state as events that should incite criminal prosecution, the Murphy and Selder began contacting state prosecutors. They provided examples of the nursing home abuse they uncovered and urged prosecutors to bring charges against some of these facilities.
Are you concerned about the kind of care your elderly loved one currently receives? No one should have to worry about 
Those of us who prosecute civil cases on behalf of these victims – or, sadly, their heirs – have been experiencing this for years. We all have had cases where the DPH letter arrives saying that the complaint “could not be substantiated” despite overwhelming evidence of wrongdoing. Or the investigator finds some small (and usually irrelevant) “deficiency” when ask to investigate a clearly suspicious death. Or telling the victim’s families to be patient, but knowing full well that the likely hood of a citation against the home, even in the strong cases, was highly unlikely.
