California Nursing Home Abuse Lawyer Blog

SmartMoney.com has an article out entitled 10 Things Nursing Homes Won't Tell You. Which has been adapted from the book "1,001 Things They Won't Tell You: An Insider's Guide to Spending, Saving, and Living Wisely," by Jonathan Dahl.

Walton Law Firm thought you might like to see the list:

1. “We’re careless about the drugs we give out.”

The use of antipsychotic medications inside the nursing home has exploded in recent years, and has been discussed at length here. In California, nearly 60% of all California nursing home residents are given psychoactive drugs, a 30% increase since 2000, according to California Advocates for Nursing Home Reform. It's become a real problem.

2. “We’re woefully understaffed.”

Staffing is the biggest problem in nursing homes today. According to Donna Wagner, a professor at Towson University, it is a "crisis." While it is optimal to have one caregiver for three to five residents, some nursing homes have one registered nurse for 50 to 60 residents.

3. “Mr. and Mrs. Smith, meet Sticky Fingers Louie.”

Nursing home charges can be ridiculously expensive. In 2009, a year of nursing home care cost over $70,000 for a semi-private room according to the Department of Health and Human Services.

4. “What you don’t know about your checkbook can hurt you.”

There are too many thefts in nursing homes (frequently by the employees).

5. “If it’s not in the care-plan, we’re not gonna do it.”

California nursing homes must prepare a "plan of care" for every resident, and then update it on a regular basis. The failure to provide a comprehensive care plan was the primary source of deficiencies issued against California nursing homes last year. It is supposed to be detailed, and address the specific needs of the patient, but too frequently is a generic plan that fails to address (and provide) for the residents’ special needs.

6. “‘Neglect’ is our middle name.”

In January of this year, the California Department of Public Health issued a citation to an Orange County nursing home, along with an $85,000 fine. The citation alleged that a resident died after falling and suffering a fatal head injury. The resident of falls, but the nursing home failed to take adequate precautions.

The neglect of a nursing home resident can be revealed in a variety of ailments, including pressure sores / ulcers, dehydration, infections, weight loss, fractures, etc.

7. “We use physical restraints on your loved ones.”

While it is not illegal to use physical restraints, they are supposed to be used only as a last resort, and only with a physician's authorization. In 2008, 10.97% of California facilities that received deficiencies did so for use of illegal restraints.

8. “Take our report cards with a grain of salt.”

Survey reports and nursing home ratings systems rarely tell the true story. It is well known that nursing facilities and tipped off and prepare for their annual visit from state inspectors. The never look or operate as well as they do for the week they are being evaluated.

9. “Fines? Go ahead— give us your best shot.”

Does a citation and a fine sting? Not really. In California, only $1.2 million of the $4.6 million assessed in fines was actually collected. Most homes appeal the citations as far as they can, they agree to a settlement where they pay much less.

10. “We can kick a resident out anytime we want.”

When the resident is too difficult, or requires too much care, the nursing home can always just evict them. This was the No. 1 complaint received by the State Long Term Care Ombudsman for New York in 2009, and is also an issue in California. Facilities must follow strict state guidelines, but beyond that there is no problem discharging residents to different facilities.

Source: SmartMoney.com by Lisa Scherzer and David Stires

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults throughout Southern California who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

If you or a loved one is being threatened by eviction from your assisted living facility (or residential care facility), it is important to know that the law is on your side. Under the California Code of Regulations, an assisted living resident can be eviction for only five reasons:

1. A failure to pay rent within 10 days of its due date;
2. Failing to comply with state or local law (e.g. using illegal drugs, assault/battery, etc);
3. Failing to follow the facilities written policies and procedures (which must be stated in the admissions agreement);
4. After a formal assessment (usually by a doctor), the facility determines that it can no longer meet the resident's needs: or
5. The facility changes its purpose and will no longer be providing assisted living care.

In the event you or a loved on fall into one of the above-reference categories, the facility cannot just throw you out on the streets. Under the law, it must give you 30-days written notice of its intend to evict, unless you've lived there more than one year, at which point it must give 60-days written notice. In addition, that written notice must state clearly, and with factual detail, the reasons for the eviction.

If actions are being taken to evict , and you believe you do not fall into one of the five supporting reasons, it is recommended that you contact the local Ombudsman Program for direction and advice. A list of numbers for the Ombudsman in all Southern California counties can be found on the Walton Law Firm nursing home resource page by clicking here.

Source: California Advocates for Nursing Home Reform

The nursing home abuse and neglect attorneys at the Walton Law Firm represent individuals and families who have been abused or neglected in nursing homes and assisted living facilities throughout Southern California. Call (866) 607-1325 for a free consultation.

Many nursing homes are now marketing themselves as “rehabilitation” facilities in an effort to attract the ideal resident: one who stays under 100 days then goes elsewhere. Why? Because Medicare provides lucrative fees for skilled nursing care. It is not uncommon for nursing homes to discharge residents, often prematurely, when the Medicare benefits end.

Most people are unaware that when Medicare coverage ends, a resident who needs skilled nursing care has a right to stay, either by paying privately, or qualifying for Medi-Cal coverage. Under Welfare and Institutions Code section 14124.7, no nursing home that accepts Medi-Cal payments can evict, or transfer within a facility, any person who changes the manner of paying from private or Medicare to Medi-Cal.

For more information on discharge and transfer rights in California nursing homes, see the fact sheet provided by California Advocates for Nursing Home Reform.

The San Diego elder abuse lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California in cases of nursing home abuse and neglect. All consultations about a case are free and confidential.

Elder abuse lawyers have all seen cases of residents being evicted from nursing homes, or refused readmission, for dubious reasons. We sometimes call it Medi-Cal prejudice; that is residents being refused admission to a nursing home for no other reasons than they are Medi-Cal recipients.

One former client of our firm called a nearby nursing home hoping to find a room for her mother, who was about to be discharged from the hospital. The first question from the nursing home was whether her mother was receiving Medi-Cal. Medicare, or private pay. When the daughter told the nursing facility her mother received Medi-Cal, she was promptly told there were no available beds, but that her mother could be put on a waiting list.

Being a nurse herself and believing there were available beds, the daughter called the same facility the following day to see if there was room for her mother. Using a different name, she again asked if there were available beds, and this time, after informing the nursing home her mother received Medicare, she was told there were several rooms available, and that the facility would be happy to provide a tour that afternoon.

The Wall Street Journal reported this week that nursing homes across the country are refusing to admit, or are forcing out, frail and ill patients who are on Medicaid (“Medi-Cal” in California), because the facilities can make more money caring for residents on Medicare or private pay. Over the last decade, the number of complaints over the discharge practices of nursing homes has doubled, and the true number of force evictions is unknown, as it is believed most go unreported.