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Register for all three webinars in series:PURCHASE TICKETS

Use the same link to register for the individual webinars:

Wednesday, November 2, 2022 12:00pm - 1:30pmElder Financial Abuse: Litigation Tips

Wednesday, November 9, 2022 12:00pm - 1:30pmMedi-Cal Planning and Asset Limit changes

Wednesday, November 16, 2022 12:00pm - 1:30pmUsing Trusts and Special Needs Trusts
After Changes to the Medi-Cal Asset Test

EVENTS


Laguna Honda Residents Can Stay at Laguna Honda

The April 14, 2022 termination of Laguna Honda’s Medicare and Medicaid certification has left its nearly 700 residents worried about their futures. However, Laguna Honda remains licensed, has announced it is not closing, continues to receive federal funding temporarily, and is applying to be recertified by Medicare and Medi-Cal. For now, Laguna Honda residents have the right to remain at the facility because there is no basis for transferring or discharging them. Importantly, residents have strong appeal rights and should exercise them if needed.

READ MORE (ENGLISH)LEER MÁS (ESPAÑOL)

Laguna Honda Resident Rights Second Town Hall

On Wednesday, August 3rd 2022 California Advocates for Nursing Home Reform (CANHR), Legal Assistance to the Elderly (LAE), Bay Area Legal Aid (BayLegal) and Disability Rights California (DRC) hosted our second Laguna Honda virtual town hall to educate and support Laguna Honda residents, families and friends about their rights and available resources and update them about related ongoing events.

During the past two years, residents of long-term care facilities and their family members faced the unimaginable. COVID-19 took the lives of over 13,000 nursing home and assisted living facility residents and staff in California and turned bad facilities into some of the most dangerous places in the state. Unable to visit residents, family members watched their loved ones deteriorate from isolation, lack of adequate staff and lack of adequate care. Throughout this terrible year, CANHR remained open and worked tirelessly to assist the thousands of residents, family members, social workers, and ombudsmen, law enforcement and state legislators who called our hotline or emailed their concerns.

Please read our complete letter HERE and stories of our consumer advocacy during the pandemic HERE. Join our struggle. Please donate generously. With your donation, we can continue our advocacy for all long term care residents.

WE HAVE MOVED

CANHR's offices are now located in Berkeley. If you have difficulty reaching our Consumer phone number at 1-800-474-1116, please try 1-415-974-5171. There has been no disruption to our online services, so you can always reach us via canhrmail@canhr.org, or our online feedback/contact form HERE. Our current mailing address is: CANHR, 1803 6th Street, Berkeley, CA 94710

CANHR's COVID-19 Coronavirus
News & Resources 

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.

 

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.

 

#VisitationSavesLives

Join our campaign to restore reasonable visitation to residents in long term care facilities.

New Developments

  • Journal Statement Makes Assisted Living Recommendations
    A new consensus statement from the JAMA (Journal of the American Medical Association) Network Open summarizes 43 recommendations to improve medical and mental health care in assisted living facilities. 183 recommendations were considered and 43 were ultimately judged to be both important and feasible. Among the most strongly recommended items were staff training on person-centered care and informing responsible parties of a resident's change in condition. The statement demonstrates that assisted living facilities provide a great deal of medical and mental health care services but there is significant room for improved quantity and quality of those services.
    (posted October 3, 2022)
  • State Ends COVID Testing Requirement for Unvaccinated Visitors to Hospitals and Long Term Care Facilities.
    On September 15, the Director of the California Department of Public Health issued an order rescinding the COVID testing requirement for unvaccinated visitors in hospitals, nursing homes, and intermediate care and assisted living facilities. Citing current vaccination and booster rates for Californians, the Department ended its required testing program for all visitors that was started during the Omicron wave of COVID infections on December 31, 2021 and then limited to unvaccinated visitors on February 8, 2022. The order means that visitation rights are almost entirely restored to their pre-pandemic norms. Visitors are still required to wear masks, follow infection prevention practices while visiting, and comply with any local public health orders, but residents should have complete access to visitors as protected by law and regulations.
    (posted September 19, 2022)
  • ABC10 Exposes Major Problems in Limited Conservatorship System
    ABC10 in Sacramento has released a second season of reporting on California's problematic conservatorship system. After a riveting first season focused on general conservatorships, investigative reporter Andie Judson takes a deep dive into "limited" conservatorships, which are meant to be less restrictive conservatorships for adults with intellectual and developmental disabilities. At the heart of each of the five episodes, is the story of a different family that was ripped apart by a conservatorship system that is too quick to move persons with disabilities from their homes and into poorly supervised, poorly managed group homes. Families are upended, conservatees' wishes are ignored, and the state's Department of Developmental Services is non-responsive. The season ends on a positive note, with AB 1663, a bill co-sponsored by CANHR, possibly joining last year's AB 1994 to provide much-needed conservatorship reform.
    (posted September 19, 2022)
  • Waiving Patients’ Legal Rights is NOT a Health Care Decision: Logan v. Country Oaks
    A new Second Appellate District opinion has found that health care agents designated under an Advance Health Care Directive do not have the authority to bind principals to binding arbitration agreements.  In making this finding, the Court expressly overturned the Garrison v. Superior Court decision, which ruled that health care agents could bind principals to arbitration agreements.

    In Logan, the Court determined “the decision to waive a jury trial and instead engage in binding arbitration . . . is not a health care decision. Rather it is a decision about how disputes over health care decisions will be resolved.” The Court also found it important that both state and federal law require nursing homes to keep admission agreements (related to receiving health care) separate from arbitration agreements (not related to receiving health care) and prohibit arbitration agreements from being made a condition of receiving care.

    Much of the Logan court’s reasoning resembles arguments made by CANHR in the Winter 2019 edition of its Legal Network News (page 11, “Garrison and Hogan Are Wrong: Why Health Care Agents Cannot Bind Principals to Pre-Dispute Arbitration Agreements”). The Logan decision brings long-needed common sense to California’s long term care facility arbitration jurisprudence and aligns it with several other states. Litigation, trials, and legal dispute resolution are not health care.

    click to read more
    (posted August 29, 2022)
  • CMS Approves Pause to Transfers of Laguna Honda Residents After Outrage Over Deaths
    On July 28, the Centers for Medicare & Medicaid Services (CMS) approved a desperately-needed pause to the transfer and discharges of Laguna Honda residents, whose home and lives were placed in jeopardy when CMS decertified the facility on April 14 and directed it to relocate its nearly 700 residents by September 13. Laguna Honda is the nation’s largest nursing home and is owned and operated by the City and County of San Francisco. The temporary pause in transfers followed the tragic deaths of at least nine transferred residents, growing public outrage that residents are being transferred to homeless shelters and dangerous nursing homes, a unanimous resolution by the San Francisco Board of Supervisors urging the federal government to suspend the relocation of residents, and public officials pleading for a stop to the “human rights atrocity.”  As of July 24, Laguna Honda reported it had transferred or discharged 57 residents and that 608 residents remained at the facility.
    (posted August 9, 2022)
  • LA Times Editorial Touts #FreeBritney-Inspired AB 1663
    Sunday's LA Times included an editorial pushing for the passage of AB 1663, a bill co-sponsored by CANHR that would make significant reforms to California's conservatorship system.  The bill promotes alternatives to conservatorships, namely through supported decisionmaking, and enhances the rights of conservatees. More information about the bill and how to support it, can be found at 
    www.supportwithoutcourts.org.
    (posted August 9, 2022)
  • Attorney General Reminds Law Enforcement Officials that Self-Help Evictions Are Illegal
    New guidance from the state Attorney General's office reminds law enforcement officers that evictions without a court order (self-help evictions) are illegal in California.  The guide states "it has long been the law in California that a tenant can be removed from a rental property only after there has been a court judgment and a writ of possession has been issued."

    In long term care facilities, residents are often subjected to self-help evictions.  The expiration of time on a discharge notice does not authorize a residential long term care provider to force a resident out.  Occasionally, long term care facility residents who are hospitalized or leave the facility for a short time are refused readmission (i.e., an illegal lock-out).  In some wrongful long term care facility eviction cases, the police are called and, rather than stop the illegal self-help eviction, they actually enable the eviction by threatening the resident with arrest for "trespassing" in their own home.  Hopefully, the Attorney General's guidance will end law enforcement's ignorance about what is legally required in eviction cases and help reduce illegal self-help evictions.

    click to read more
    (posted July 15, 2022)
  • Conservatorship Abuses & Reforms Webinar Posted
    The Jerome Tobis Endowed Lecture Series recently posted a webinar called “Conservatorships in California: Abuses, Critiques, and Proposals for Reform" The webinar features four speakers covering both probate and LPS conservatorships, supported decisionmaking as an alternative to conservatorship, and current conservatorship reform efforts - including AB 1663, a bill co-sponsored by CANHR.
    (posted July 1, 2022)
  • Looking for something no longer here? View our "New Developments" archives

Need a Speaker?

If you would like to invite CANHR to a support group meeting, resource fair, or other event in your community, please complete a speaker request form online.
Note: Due to limited number of staff, CANHR may not be able to accommodate all requests outside of the Bay Area and Greater Los Angeles Area.