DO YOU SUSPECT ABUSE OR NEGLECT? Contact Us for a Free Consultation

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California lawmakers are locked in an interesting situation with elderly people who require in-home support and the individuals charged with providing the in-home care. The “In-Home Supportive Services Program,” is the government program designed to provide at-home care for low-income elderly, blind and disabled people so they may remain in their homes as an alternative to institutional care. Yet, the program is under scrutiny as additional evidence of lax employment requirements by the Program and abuse or fraud by employees continues to surface despite legislation intended to curb such actions. Our San Diego elder abuse attorneys understand the concern, as the senior community remain the number one target of abuse and neglect—it is critical that their caregivers be willing and capable to ensure proper treatment at all times.

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A story from California Watch recently discussed the issue. In 2009, legislation enacted by then Governor Schwarzenegger sought to exclude anyone who had committed a felony in the last decade from the program–expanding the previous scope of the ban that barred only those convicted of child abuse, elder abuse or defrauding a government health care assistance program. A Superior Court Judge later did not agree with this expansion and so the legislature responded with a milder version in 2011 that expanded the scope of convictions to include more types of felonies but did not go as far as originally intended.

The current requirements eliminate individuals with particular criminal convictions, but still allow individuals to work in positions of trust with the elderly or disabled who would not be employed in similar positions in other fields that require such trust. In other words, there are convicted felons who would be otherwise unemployable to a certain extent working to provide in-home care to elderly or disabled people getting compensated an average of $1.50 over minimum wage.

The obvious concern is that the situation is ripe with opportunities for theft, fraud or abuse and that the program does not adequately screen applicants to prevent such crimes. Screening is a difficult part of the program especially since it took over one year to complete the initial background checks in 2009 on the over 390,000 caregivers in the program. Over 800 individuals were disqualified from continuing their jobs; a number that can be interpreted as good or bad. The predicament gets even more complicated because the patients can sign waivers allowing individuals who would otherwise be disqualified from the program due to previous convictions to continue to provide in-home care. This highlights the often overlooked issue of the lack of quality, reliable caregivers available for the program. This issue has not been addressed because of the heavy focus on screening applicants and eliminating abuse within the program.

Despite legitimate fears of fraud and abuse within the program based in part on actual incidents, the number of reported crimes does not suggest that incidents of such crimes are widespread. Yet, as San Diego elder abuse lawyers, we know that only a fraction of mistreatment is ever reported—most seniors suffer in silence and accountability is few and far between.

In any case, proponents of heightened restrictions regarding past convictions point to the numbers and say that they could be lower and there is more they can do to reduce that number. A “statewide task force” comprised of “district attorneys, fraud investigators and other government officials” is working to monitor the In-Home Supportive Services program and develop policies designed to combat fraud within the program. As a result, certain “protocols” may be put in place this Fall that will hopefully reduce incidents of fraud.

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San Diego nursing home neglect attorneys know that when it comes to mistreatment and abuse of those at long-term care facilities, it is a constant challenge to get those affected to come forward. For many reasons–including their own disabilities–many at these facilities are unable or unlikely to explain when they have been affected by negligent care. For that reason, it is crucial that outside observers provide necessary oversight to ensure problems are addressed. doctor.jpg

Unfortunately, a new report released by the Department of Public Health raises huge red flags regarding the care provided at many of the largest institutions for the developmentally disabled across the state. The stark details laid out in the report are yet another reminder of the crucial role that friends and family play in identifying mistreatment among those who are often unable to stand up to their abusers themselves.

The Report

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Many of us have heard tales of elder nursing home patients wandering beyond facility bounds—only to be found hours later by police or local citizens. Sometimes, nursing home staff have no idea that the individual was even gone. There are other stories, including the inspections done by Operation Guardians, which tell of horrific conditions. Of course, these events beg a multitude of questions: Are these isolated incidents or based on any series of patterns? How often do this occur?

Well, now ProPublica has an app for that.

Yesterday ProPublica, a non-profit, New York City-based corporation, is launching Nursing Home Inspect—a tool that allows members of the public to an easier access to data found in nursing home inspections conducted throughout the nation. Drawing on government reports posted online last month, the app has an easily searchable database of recent nursing home inspections, most completed since January 2011. That massive catalog includes nearly 118,000 deficiencies cited against 14,565 homes, though ProPublica intends to add more each month as new reports become available. This tool, unlike anything before allows individuals to analyze in-depth nursing homes throughout the Unite States.

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A new data analysis reports that a colossal $65 billion in federal cuts will affect the nursing home sector over the next ten years. This staggering sum—calculated by Avalere Health—is a result of several different federal budgetary actions and regulatory changes made by Congress and the Centers for Medicare and Medicaid Services since 2009. Part of the reason for such drastic slashes in budgeting is that nursing homes, technically signified as “skilled nursing facilities” (SNFs), are the country’s second largest health facility employer, employing roughly 1.7 million Americans. Broken by The Sacramento Bee, the story projects $4 billion will be cut from 2013-2014.

Just behind Florida, California will be the second-most affected state from these massive SNF Medicare funding cuts. The Golden State is forecasted to lose $350 million. Now, many including the Alliance for Quality Nursing Home Care (AQNHC) are challenging these financial rollbacks, amid the already strenuous economic climate. AQNHC and others are arguing that such funding reductions will “undermine facility operations, disrupt staffing, and threaten seniors’ care amid the growing influx of older, higher acuity patients.” With the recent report from Operation Guardians, the environment of many California nursing homes is in sordid condition, and these cuts appear to be no help.

Here is an overview of the specific programs with their particular budgetary impacts:

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The unfortunate reality is that financial abuse in nursing homes and elder facilities has affected thousands of innocent and vulnerable seniors. In fact, reports show that such citizens lost an astounding $2.9 billion in 2010, a 12% rise from years previous. This blog post aims to highlight certain information regarding elder and nursing home embezzlement—as well as protecting you and your loved ones from it.

Elder abuse can take many forms. In certain instances, some of the perpetrators are individuals who have no relationship with the elder—such as fraudulent telemarketers or identity thieves. Although such persons may have no affiliation with the elders or nursing home members, they still can easily swindle and coax them. Moreover, oftentimes it is the ones closest, such as caregivers or nursing home staff, who are the con artists. Being so close and so trusted, these people have easy access to financial records, credit cards, or even simple cash from the wallet. Also, some nursing home embezzlers have used their residences as a source of funding for miscellaneous desires, such as car or house payments, gym memberships, etc. Hence, financial elder abuse is nothing to be overlooked.

One of the largest determinates in elder financial abuse cases is solitude. The greater degree of seclusion, the more an individual is at risk. It creates an air of vulnerability for elders, as there are very few others able to recognize any symptoms or inaccuracies. Such solitude leaves residents as the ultimate and only decision makers, potentially causing he or she to miss certain financial “errors” or give authorization to terrible decisions. Furthermore, every individual needs companionship and, therefore, the lack thereof can lead to strong relationships with caregivers. In many cases, this is extremely healthy for residents; but in some instances, manipulation and unethical exploitation can occur. It is extremely important that there are family or friends available to reexamine financial records or statements. Spotting a certain oddity can save you or you loved one from losing thousands of dollars along with emotional damages. Thus, a secluded elder can very easily become an abused elder.

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A recent study has found that California nursing homes are in poor conditions, according the Los Angeles Times. Conducted by Operation Guardians, a project of the Department of Justice, the review discovered widespread health and safety problems in the elder residences. Yet, the California Advocates for Nursing Home Reform (CANHR) were who demanded that these inspections be released to the public. The reports are from extensive investigation dating from January 2010 to March 2012, accumulating a number of nursing homes throughout the state. Even after countless measures to prevent the negligence and abuse, the report unearths a glaring lack of enforcement from the Department of Public Health (DPH).

The investigation portrays horrific details, including grimy bedrooms, showers, and kitchens, medicals inaccuracies leading to countless drug overdoses, the unauthorized administration of psychotropic drugs, and patients with untreated bed sores and infections. Beyond those, the report even told of elderly individuals lying in their own feces and urine. These nursing homes appear more like houses of horror than anything reminiscent of comfort and security. Furthermore, as seen so tragically often in elderly abuse cases, some of these nursing homes were submitting falsified medical records and fraudulently billing for services.

Normally, after Operation Guardians inspections were completed, evaluations of facilities’ quality of care and basic sanitation were filed. Each inspection generally generated two reports, one by the inspection team as a whole that assessed the general sanitation and care provided by the facility staff and a medical report written by a medical doctor who specializes in geriatrics.

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A Californian doctor, Dr. Hoshang Pormir, was sentenced to probation for improperly medicating nursing home patients, resulting in three deaths. Pormir will serve three years probation for his faulty actions in the Lake Isabella facility.

Dr. Hoshang Pormir was a staff physician at the nursing home. State authorities contend that from August 2006 to August 2007 this doctor incorrectly drugged these elderly patients with anti-psychotropic medication; psychotropic drugs are psychiatric pharmaceuticals that alter chemical levels in the brain which impact mood and behavior. His reason for implementation: “To keep them quiet,” according to KBAK Fox News. Some of the nursing home residents were even forcibly injected. Finally after two years worth of investigation, local police arrested Pormir in February of 2009.

pills%20%282%29.jpgMoreover, three other individuals are facing charges for their own role in the elder abuse case. Each of these defendants—former director of nursing Gwen Hughes, former pharmacist Debbi Hayes, and hospital administrator Pamela Ott—worked for the nursing home facility in Lake Isabella. Officials say that Hughes, starting in 2006, allegedly ordered for patients to receive high doses of these psychotropic medications, particularly to Alzheimer’s or dementia suffering patients. The former nursing chief Hughes mandated that the medications be given to patients who argued with her, made noise or were otherwise disruptive; Pormir merely signed off on the orders after the drugs were administrated. Scheduled for October, she will face eight counts of harming or causing the death of an elderly adult and two counts of assault with a deadly weapon. As for Ott, she pleaded no contest last month to a conspiracy charge with here sentencing coming next month.

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A Californian family was running a non-authorized elder residency in their own home. According to the Examiner, police found this house and its residents last week in a ghastly state.
foreclosure%20%28jay%20Santiago%29.jpgHaving run an unlicensed nursing home, members of this San Jose family now face felony charges for the neglect of a dozen mentally disabled adults. Authorities reported atrocious living conditions, including rotten food, no running water, and defecated floors from untrained dogs. Moreover, Santa Clara County police say that the elderly residents were malnourished, beaten, bathed only once a month, and forbidden to use toilet paper. This monstrous event is sadly one many nursing home abuse cases that California has seen in the past year.
As prosecutor Charles Huang stated, “These incredibly vulnerable people were treated worse than the animals that were rescued. We are hoping anyone else who has relatives in this home will contact us as soon as possible.”
In late May, the relatives of one of the male residents alerted local police when they were barred from visiting their loved one; instead, these so-called supervisors told the relative that he did not live there. Upon investigation, police were able to enter the home, finding locks on the refrigerator and uncleaned floors and countertops. They discovered the residence was in a repulsive and practically unlivable condition. Authorities swiftly removed the patients from the house into protective custody. In addition, an astounding twenty-five dogs were also taken by animal control. Most of the residents of the home suffer from schizophrenia and other severe disorders, officials say. These poor individuals confessed to investigators that they were kept in small rooms virtually all day. Also, they said that their clothes were washed once a month—on the day they were allowed to see a doctor.
Only to add insult to injury, the victims also reported that the five suspects sequestered their Social Security checks.

Last week, prosecutors filed charges against Kathy Le, 41, George Dac Nguyen, 72, Jennifer Ngo, 63, Charles Nguyen, 25, and Margaret Ngo, 27. This sordid collection of family is being charged with dependent adult abuse and animal neglect. They were arrested by San Jose police on Monday and are currently out on bail. The arraignment for these five suspects is scheduled for July 16. If convicted of all counts, they will face up to eighteen years in state prison.

Horrific cases like these are one of the many reasons that our San Diego nursing home abuse attorneys advocate to thoroughly examine and analyze potential nursing or rest homes. Search through multiple residences, visit such facilities, and reference outside or third party sources. Insuring that you or your loved one is guaranteed a secure and comforting environment is pivotal. Of course, San Diego nursing home abuse is nothing to waver on. If you feel that there is mistreatment in regards to you or anyone you know, do not hesitate to contact us. We have the experience and care to help you manage this arduous and painful process.

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sun%20%28Luz%20Adriana%20Villa%20A%29.jpgIn nursing homes, the inactions and neglect of those responsible can be equally harmful as overt acts and exploits. According to the L.A. Times, a lawsuit has been filed against a Valencia assisted-living center alleging that staff members egregiously disregarded 89 year-old resident, Loretta Hooker, abandoning her in the blistering California heat. Unresponsive upon her own son’s arrival, she was pronounced dead by emergency room doctors a mere hours later.

Hooker’s son Ronald Corn moved her into the facility in April 2010 due to her weak physical condition and progression of dementia. Sunrise Sterling Canyon Assisted Living was chosen because of its claims of being a center with security for those with Alzheimer’s and dementia. Therefore, Mr. Corn trusted putting his own mother into this facility, as she began needing greater aid with day-to-day tasks.

But in August of the following year, her son found his mother on the scorching patio—no shade, no assistance. Mr. Corn immediately took her, “weak and sweating profusely,” back inside. At the time, Loretta Hooker was unable to enter back into the facility. With no supervision, this woman was “in obvious discomfort.”

But a mere week later, Mr. Corn stumbled upon a very similar, yet deadly scene: His mother was again left in the blinding California sun with no assistance. Unresponsive, she was taken to the ER where doctors stated that she was in cardiac arrest. Doctors unsuccessfully attempted to lower her body temperature, but she was pronounced dead shortly thereafter. Doctors determined that the cause of death was cardiovascular disease and hyperthermia. Her existing cardiovascular problems were triggered when she was left in the heat.

The California Department of Social Services commenced an investigation into the matter and the facility. Although there was apparent rationale to believe that neglect had occurred, the Los Angeles County Sheriff’s Department stated that there was insufficient evidence to “charge anyone with a crime.” Our San Diego elder neglect attorneys often explain how even though criminal charges are rarely filed in these cases, civil suits are often appropriate.

Less than two weeks ago, Ronald Corn filed a lawsuit accusing Sunrise Sterling of elder abuse, neglect, and wrongful death. Furthermore, it seeks damages including medical and funeral expenses, and “general damages for pain and suffering.” The nursing home neglect suit states that Loretta Hooker’s body temperature was an astounding 103.3 degrees when she was pronounced dead.

Like many nursing home abuse cases, Loretta Hooker’s situation was a recurring nightmare. As earlier mentioned, Mr. Corn found his mother in parallel circumstances only a week before her death; who knows if Hooker had been left out in that heat more than just twice. The son’s attorney summarizes why this cruel problem happens, saying, “This case is all about the tragedy that occurs when elder care facilities put profits over their sacred responsibility to do everything possible to protect and enhance the lives of the people entrusted to their care.”

The monster that is nursing home abuse can come in many forms: physical acts, profit-chasing, or, as seen here, obvious negligence. Yet, in whatever shape it occurs, it should never be tolerated. Protect yourself and protect your loved ones; if you are afraid of nursing home abuse in your own lives, please consider contacting our San Diego elderly abuse attorneys. These experienced lawyers can help you navigate through your potential options and bring a sense of security back into your lives.

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The San Diego nursing home abuse attorneys at our firm understand the many ways that seniors can be taken advantage of in long-term care facilities. Physical abuse, neglect, sexual assault, and even financial exploitation often strike at these homes.

tax%20calculator%20%28Dave%20Dugdale%29.jpgFor example, a 31 year-old staff member of the Maple Glen Center, a nursing home community located in Maywood, New Jersey, faces up to fifteen charges for conning an elderly resident. As reported by Fair Lawn Patch, Maple Glen employee Kye Giacalone was charged on June 15 with theft of entrusted funds, theft by deception, and four counts of theft by credit card. Though as details leaked out, the initially estimated $29,000 of allegedly embezzled funds continued to rise. Giacalone, the nursing home’s admissions director, supposedly made credit card purchases exceeding an astounding $100,000. Maywood Police announced Friday, June 22 that nine new charges would be added, including four counts of impersonating another and one count of second-degree theft; by New Jersey law, amounts surpassing $75,000 constitute second-degree theft charges.

The resident of Lodi allegedly befriended the 82-year-old nursing home victim, eventually gaining access to his bank account. Authorities say that, in September of 2010, Kye Giacalone acquired the Power of Attorney. This privilege gives one or more individuals the power to act on behalf of another; the Power of Attorney may be limited to a specific activity or general in its application. Regardless of its nature, Giacolone supposedly exploited this newfound entitlement by opening credit cards in the man’s name. Even after the unknowing victim moved from Maple Glen Center into another nursing home, she continued to purchase personal items with the credit cards.

Citing privacy laws, the nursing home’s acting administrator declined to release much information regarding Kye Giacalone’s tenure at Maple Glen. Furthermore, Harrison stated that she did not regularly have direct contact with the nursing home residents. Though supposedly all Maple Glen Center employees are subject to a background check. It appears that the director held no knowledge of these wrongdoings before the authorities came to the center on June 15 to arrest Giacalone.
“We weren’t aware of any of this,” the director said. “When we found out, we suspended her immediately and launched our own investigation.”

A family friend of the victim notified police after recognizing abnormalities in the man’s bank account, Maywood Detective Sgt. Mark Gillies said. Sgt. Gillies also asserted that he was unaware whether the bank accounts of any other Maple Glen Center residents had been jeopardized. Yet, the Maywood Police Department advised residents who had regular contact with Giacalone to evaluate and examine their own finances, as additional irregularities may arise. Giacalone is currently being held at Bergen County Jail with the bail for the nine new charges set at $75,000.

Even a single case of nursing home abuse is one too many. Our San Diego elderly abuse lawyer understands and advocates awareness of nursing home maltreatment. This most recent case is a reminder that it is important to continually analyze the financial statements and accounts of the elders. Furthermore, families and friends should be cognizant of the power and sway nursing employees hold over their residents. Many caregivers have enriched the lives of elders, but as seen here: that is not always the case.

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