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CANHR's
COVID-19 Coronavirus
News & Resources 

The evolving Coronavirus Crisis has had a worldwide impact that will take a long time to become fully understood. However, it is already certain that Long Term Care Consumers and the Elderly have been particularly affected by it. We are receiving a lot of inquiries from concerned individuals and organizations. In an effort to keep you all better informed, we have created a website, https://canhrnews.com/ specifically for COVID-19 information, news and resources related to Long Term Care. For the duration of this crisis, we are posting frequent updates there.

Please CLICK HERE to visit that website.

You can also find our Free COVID-19 Webinar recordings on that site.

Please CLICK HERE to go directly to webinars.

2020 Attorney Online Spring Training Series

Register for all four webinars in series:REGISTER HERE

Use the links below to register for individual webinars:

Wednesday, April 15th, 2020Decision-making Capacity
as the Foundation of Elder Law

Wednesday, June 10th, 2020Ethics and Care Advocacy

 
Home Equity Protection Program (HEPP)
funded by the State Bar of CA to prevent financial mortgage scams and more... Please read our FREE BOOKLET of Reverse Mortgage information.

 

Reforming AB 1629
Reforming AB 1629: No More Blank Checks for California Nursing Home Chains
 
Solorzano Nursing Home Dumps Four Residents Into a No Care Home

Read More...


Violation of the Month Archive

On February 24th, CANHR Executive Director Pat McGinnis testified at the California State Senate Committee on Human Services oversight hearing regarding State Oversight of Homes for Vulnerable Adults. To watch a video of the hearing, CLICK HERE or on the image to the left. Director McGinnis' testimony begins just over an hour and twenty four minutes into the proceedings.

New Developments

  • Nursing Home Residents Seek Immediate Injunction Against State-Sanctioned Resident “Dumping” in Wake of COVID-19 – Plaintiffs Demand that California Adhere to Federal Law
    In a motion filed last Friday, residents in several California nursing homes have petitioned U.S. District Court Judge Haywood S. Gilliam, Jr. to enjoin the State from ongoing violations of federal anti-dumping regulations. As a result of the State’s inaction, the suit alleges that vulnerable nursing home residents have been improperly dumped into hospitals, putting them at risk of COVID-19 and wasting precious resources for sick patients.READ FULL PRESS RELEASE WITH SUPPORTING DOCUMENTS(pdf version)
    (posted April 6, 2020)
  • Urgent Action Needed to Protect California Nursing Home Residents from COVID-19 - New Directives Are Needed to Keep Residents Safe
    California population is more at imminent risk of death or severe illness from COVID-19 than nursing home residents. There is an immediate need for public officials to implement stronger measures to help keep them safe. Although well intended, the actions taken to-date are not nearly sufficient to keep residents safe and some of the measures are counterproductive.READ MORE(pdf version)
    (posted March 20, 2020)
  • U.S. Department of Justice Announces Nursing Home Initiative
    On March 3, Attorney General William P. Barr announced a new initiative to enhance civil and criminal efforts to pursue nursing homes that provide grossly substandard care to their residents. The Department of Justice press release acknowledges that nursing home residents are routinely suffering extreme mistreatment from profiteering owners, stating "all too often, we have found nursing home owners or operators who put profits over patients, leading to instances of gross abuse and neglect." Nonetheless, the release is short on details of what the initiative is going to do or how it will measure success.
    (posted March 4, 2020)
  • Consumer Voice Publishes Advice for LTC Residents and Family Members on Staying Safe from the Coronavirus
    A new advisory from the National Consumer Voice for Quality Long-Term Care gives some timely and helpful tips to residents of long term care facilities and their families on how to stay safe and help prevent the spread of the dangerous coronavirus (COVID-19).
    (posted March 4, 2020)
  • Antipsychotic Use in California Nursing Homes on the Rise
    Despite a few years of hullabaloo about the overuse of antipsychotic drugs and other chemical restraints in nursing homes, use of antipsychotics is unfortunately on the rise in California. After a nearly 25% decrease in antipsychotic use from 2012 - 2016, levels flattened and have now been on the rise since 2018. An appalling one in five California nursing home residents are still routinely drugged with dangerous and typically inappropriate antipsychotic drugs. For the past several years, a great deal of antipsychotic use has not been widely reported due to a CMS quality measure that does not count certain residents who receive antipsychotics. That measure has been gamed so extremely that now almost half of the 20,000 California nursing home residents drugged with antipsychotics are not counted by CMS.
    (posted March 3, 2020)
  • Ny Times Examines Assisted Living Understaffing
    The NY TImes recently reviewed a series of class action lawsuits filed by Kathryn Stebner of Stebner & Associates against large assisted living chains for having inadequate staffing to meet the needs of their residents. The heart of the class action cases, against such providers as Sunrise Senior Living, Atria, Aegis, and Oakmont, are allegations that facilities perform resident needs assessments to set and increase resident charges but do not use those assessments to establish the staffing levels in the facility. Thus, residents are paying for care and services they may not be actually getting. The article also points out that most states, including California, have no minimum staffing ratios. If you have been subjected to a suspect assessment or inappropriate rate increase in a Residential Care Facility for the Elderly, please contact CANHR at 800-474-1116.
    (posted March 3, 2020)
  • Solorzano Nursing Home Dumps Four Residents Into a No Care Home
    Hyde Park Healthcare Center, a nursing home in Los Angeles owned by Crystal Solorzano, was recently found to have dumped four residents, all of whom had extensive care needs, into an unlicensed care facility in April, May, and June of 2019.  The facility staff failed to complete adequate discharge planning for all four residents, including failure to assess whether the residents' needs could be met in the unlicensed home.  The facility failed to get input from the residents' physicians and failed to properly notify the residents of their evictions.  One resident, with tuberculosis (TB), was sent to the unlicensed home with the wrong medications and failed to receive his TB medication for 18 days after his eviction.  Another dumped resident had diabetes and a third had end stage renal disease, raising concerns about their ability to get needed insulin and dialysis, respectively.  At the time of the investigation, the whereabouts of two residents were unknown. The owner of the unlicensed home stated "she rents rooms out in her homes to cover the mortgage payments and that the [facility] was aware [that no care was provided].  The facility's social services designee was fired and the facility was cited and issued a $20,000 state fine along with a hefty federal civil monetary penalty and Medicare payment denial for failing to perform safe discharge planning for the residents.
    (posted March 3, 2020)
  • State Auditor Designates the Department of Public Health as a High-Risk Agency Due to Poor Oversight of Nursing Homes
    In January, the California State Auditor issued a report, State High Risk, that named state agencies that pose a high risk to the public due to mismanagement and other failures. Once again, the California Department of Public Health (CDPH) was so designated, one of only four state agencies to earn this dubious distinction. The report states that CDPH remains a high-risk agency because its failures to properly investigate complaints and issue timely citations continue to jeopardize the safety of nursing home residents.
    It also reveals that CDPH had not implemented eight recommendations from five audits and that CDPH stated it would not implement three other recommendations.
    Read California Health Report’s February 10, 2020 article on the State Auditor’s findings.
    (posted January 21, 2020)
  • Master Plan on Aging Long Term Services and Supports Subcommittee Meeting held on January 13
    The Long-Term Services and Supports Subcommittee of the Master Plan for Aging held meeting #6 Monday, January 13, 2020. The meeting explored "Group Living Settings" including assisted living and nursing homes. Pat McGinnis, CANHR's Executive Director, presented CANHR's recommendations regarding nursing homes, assisted living, home and community based services, and elder abuse and neglect. Representatives of the Long-Term Care Ombudsman program also presented. The California Department of Aging posted a recording of the meeting to YouTube. THIS LINK will take you directly to Pat McGinnis' remarks.
    (posted January 21, 2020)
  • LTCCC Re-Caps Important 2019 Federal Nursing Home Developments
    The Long Term Care Community Coalition out of New York has written up a useful re-cap of all the major federal nursing home developments in 2019. The re-cap can be viewed on the LTCCC website HERE.
    (posted January 15, 2020)
  • LA Nursing Home Makes Habit of Dumping Residents
    The residents of Vernon Healthcare Center may be happy to say goodbye to 2019 after the facility spent much of the year getting citations for illegally dumping residents into inappropriate settings unfit to meet their care needs. At least three residents were sent to board and care homes while one was dumped into a hospital. At least two of the discharges were done without the resident’s physician’s approval. These citations are more evidence of the nursing home discharge crisis recently highlighted by NBC News.
    Read More...
    (posted January 9, 2020)
  • Legislation Introduced to Prohibit Pre-Dispute Arbitration Agreements for Nursing Home Residents
    On December 5, 2019, U.S. Representatives Linda T. Sánchez (D-CA) and Jan Schakowsky (D-IL) introduced the Fairness in Nursing Home Arbitration Act. If enacted, the bill would prohibit long-term care facilities from requiring or soliciting residents to enter into pre-dispute arbitration agreements. CANHR and other leading advocacy organizations for nursing home residents have endorsed the bill.
    Read More...
    (posted December 12, 2019)
  • OIG Reports California Nursing Homes are Poorly Prepared for Emergencies
    An alarming new report – California Should Improve Its Oversight of Selected Nursing Homes' Compliance With Federal Requirements for Life Safety and Emergency Preparedness – by the federal HHS Office of Inspector General (OIG) states California nursing home residents are at increased risk of injury or death during a fire or other emergency due to widespread violations of critical safety standards. In examining emergency preparedness at 20 unnamed California nursing homes from September to December 2018, OIG found serious violations at every nursing home, including 188 violations of emergency preparedness requirements and 137 violations of life safety requirements. One of the nursing homes OIG inspected was later destroyed by a wildfire, illustrating the grave risks facing California nursing home residents today.

    The report states the violations were caused by poor management and high staff turnover. OIG also pointed the finger at the California Department of Public Health (CDPH) for poor enforcement of emergency preparedness standards. It recommended CDPH conduct more follow-up visits at non-compliant nursing homes to ensure they are prepared for emergencies. CDPH, which often seems to tolerate dangerous conditions in nursing homes, rejected the recommendation. Read California Healthline’s November 14, 2019 article on the OIG report.

    click to read more
    (posted December 3, 2019)
  • Health Journal Article Says Nursing Homes Violate Human Rights
    A new article in the International Journal of Health Services analyzes the state of nursing home care in the U.S. and finds systemic violations of domestic laws and regulations and international human rights standards. After reviewing various recent studies and nursing home data, the authors cite abuse, sexual assaults, chemical restraints, persistent understaffing, and various forms of neglect to conclude residents are not protected as required under international standards. In fact, some severe forms of abuse or neglect “could be considered torture.” The authors call for increasing enforcement of domestic rules and zero tolerance for facilities and facility owners that cause repeated abuse or neglect to address the urgent human rights crisis in America’s nursing homes.
    (posted December 3, 2019)
  • Ways & Means Committee Holds Hearing on Care Needs of Aging Americans
    On November 14, 2019, the Ways & Means Committee of the U.S. House of Representatives held a hearing – Caring for Aging Americans – that addressed major problems with America’s long-term care system and systemic changes that are needed to fix them. Several witnesses presented testimony on issues including the plight of caregivers, poor enforcement of nursing home standards, elder justice concerns, dementia and hospice care, the need to improve our eldercare system, and more. Their statements are available on the Ways & Means website. Click here to watch the hearing.
    (posted December 3, 2019)
  • 2020 Medicare Parts A & B Premiums and Deductibles
    On November 8, 2019, the Centers for Medicare & Medicaid Services (CMS) released the 2020 Medicare Parts A and B premiums, deductibles, and coinsurance amounts. Consumers will pay more in 2020 than in 2019, including an increase in the coinsurance under Medicare Part A for days 21-100 of a skilled nursing facility stay to $176 per day ($170.50 in 2019).
    Read More...
    (posted December 3, 2019)
  • Replacement Medication, Medical Supplies and Medical Equipment for Medi-Cal Recipients Impacted by Wildfires and Power Shutoffs
    On October 31, 2019, in response to the Governor’s proclamation of a statewide emergency due to the risk of wildfires, the Department of Health Care Services (DHCS) issued updated guidance for dispensing replacement medication(s) to impacted recipients. On November 7, 2019, DHCS provided additional guidance for dispensing medical supplies and durable medical equipment.
    Read More...
    (posted December 3, 2019)


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