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Elder Law
  Federal Court Says California Must Answer to Abandoned Nursing Home Residents
Plaintiff and nursing home resident Bruce Anderson Last week, a federal judge rebuffed the State's attempt to avoid a lawsuit alleging the State abandons residents who have been illegally dumped from their nursing homes into hospitals. The case, filed in 2015, has meandered through the federal court system but is finally gaining momentum and it appears the State is going to have to answer to the three residents who were dumped into hospitals, won their appeal hearings, and then were forsaken by the state agencies charged with enforcing nursing home laws. To read more about the court’s decision, click HERE.

You can read Courthouse News Service's story HERE.

Home Equity Protection Program (HEPP)
funded by the State Bar of CA to prevent financial mortgage scams and more...


Reforming AB 1629
Reforming AB 1629: No More Blank Checks for California Nursing Home Chains
LA Nursing Home Makes Habit of Dumping Residents


Violation of the Month Archive

New Developments

  • 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.
    (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.
    (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).
    (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.
    (posted December 3, 2019)

  • Looking for something no longer here? View our "New Developments" archives

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