Articles Tagged with San diego elder abuse attorney

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Who looks out for aging Californians who do not have relatives our outside caregivers to keep an eye out for the signs of elder abuse?  The California State Long-Term Care Ombudsman Program is in place to make sure that older adults receive proper care in long-term care facilities across the state.  What is a long-term care facility?  Examples in California include: nursing homes, assisted-living facilities, and residential care facilities for the elderly (RCFEs).

San Diego residents following the latest news about RCFEs know that many of these facilities in our state have fallen under much scrutiny in recent months, along with many assisted-living facilities.  The Long-Term Care (LTC) Ombudsman program speID-100190126cifically “investigates elder abuse complaints” at facilities such as these.

Services Offered by the Long-Term Care Ombudsman Program

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Elder abuse is much too common across the country, and nursing homes and assisted-living facilities in California have proven particularly prominent offenders of nursing home abuse and neglect.  What do we need to prevent elder abuse in our state?  Many elder rights supporters believe that policy changes might help, and a recent grant aims to help with this kind of advocacy work.

Southern California file0001159645301Center Receives Advocacy Grant

According to a recent news release from the University of Southern California, the Keck School of Medicine became the sole grant recipient to fund the National Center on Elder Abuse (NCEA).  The NCEA is, according to the article, “a vital clearinghouse created by the Administration on Aging,” which is part of the U.S. Department of Health and Human Services.

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Changes are on the way for nursing homes and California assisted living facilities.  In the midst of shifts to the law, victims of nursing home abuse are filing a class action lawsuit against the owner of 57 skilled nursing facilities in the state, according to an article from Courthouse News Service.  The owner, Schlomo Rechnitz, owns more facilities in the state than any other, with nurfile451297827287 (1)sing homes in nine different California cities, according to a recent report in the Long Beach Press-Telegram.  Rechnitz’s facilities are accused of “chronic understaffing” with allegations of “Actual or suspected abuse or neglect.”

Details of the Class Action Lawsuit

The lawsuit was filed after several years of investigation into the practices at many of Rechnitz’s facilities.  Rechnitz owns Brius Management and Brius LLC, and he owns nursing homes in Inglewood, Los Angeles, Norwalk, Pasadena, San Gabriel, and several other California cities.

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New Bill Raises Penalties for ElderSacramento_Capitol 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.”

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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 IncrHHSeasing 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.

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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 asfile0001748266226sisted 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 Conservatee’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.”

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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 “allegiDSC08554-bng 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.

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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.

file000453200083Scams 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.

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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 consucohdranknmomprknsnsmers 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.”

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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 receiIMG_29490008ved 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.

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