Find a
Nursing Home
Residential Care
/ Assisted Living
CCRCs Medi-Cal for
Long Term Care
Elder Abuse
/ Financial Abuse
Find a Lawyer

CANHR "New Developments" Archive



4/03/2014 Press Release: RCFE Reform Act of 2014 Bills to Be Heard Next Week
Sacramento––California legislators will present their RCFE Reform Act bills at policy hearings of the Senate Human Services and Assembly Human Services Committees on Tuesday, April 8, 2014.
Read the press release...
3/14/2014 Yamada Audit Request Approved
The California Legislature’s Joint Legislative Audit Committee, or “JLAC”, has approved a request to audit the Department of Public Health's Licensing and Certification Division's regulation of long-term health care facilities. 
Read the press release...
3/4/2014 OIG Report: One-Third of Nursing Home Residents Are Harmed During Their Stays
A new report from the federal government has found that one-third of Medicare beneficiaries experience an adverse or temporary harm event during their stay in a nursing home. The harmful events included overmedication, falls, bleeding, and infections which led to 1,538 deaths and 3,986 "cascade events" in just one month. Fifty-nine percent of the events were deemed preventable.
Read the ProPublica article about the report ...
3/4/2014 In LA County, County officials established a "Complaint Workload Clean Up Project" to close nursing home complaints without investigation, according to a new investigation by Kaiser Health News reporter Anna Gorman.
Read More...
2/24/2014 Loophole in healthcare law may put Medi-Cal patients' assets at risk
A provision in the Affordable Care Act may leave the financial assets of some Medi-Cal enrollees vulnerable to federal collection.
Read More...
2/12/2014 DOJ Issues Guidelines on Mobility Devices
On January 31, 2014, the U.S. Department of Justice issued a technical assistance publication entitled ADA Requirements: Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices. This six-page document provides guidance on the Department's 2010 regulations regarding the use of wheelchairs, mobility aids and other power-driven mobility devices. The publication is designed to help state and local governments, businesses and non-profit organizations understand how the rules for mobility devices apply to them.
Read the Publication(posted February 12th, 2014)
2/12/2014 NSCLC Report Concludes California Lags Other States in Regulating Assisted Living Facilities
A new report by the National Senior Citizens Law Center, Best Practices in Assisted Living: Considering Potential Reforms for California, examines and compares California's assisted living laws with 11 other states. The report finds that California's assisted living policy is significantly out of date. Unlike many other states, California law does not reflect the sharp increase in residents' care needs over the past 10 to 15 years. The report concludes that California's laws require significant revision to keep pace with the new realities of assisted living, and makes recommendations based on best practices noted in other states.
Read the Report
1/31/2014 DPH Taken to Task for Neglecting Nursing Home Complaints
On January 21st, the Assembly Committees on Health and Aging and Long Term Care held a joint hearing to address the Department of Public Health’s (DPH’s) longstanding failures to conduct timely and meaningful investigations of nursing home complaints.
Read More...
1/17/2014 Administrative Law Judge Hearings on Medicare Claims Appeals brought by Long-Term Care Providers Temporarily Suspended
The Office of Medicare Hearings and Appeals (OMHA) announced that it is suspending the assignment of most new requests by long-term care providers for an Administrative Law Judge (ALJ) hearing because it has “been unable to keep pace with the exponential growth in requests for hearing.“ While OMHA will continue to assign and process hearing requests filed directly by Medicare beneficiaries, it does not expect to resume assignments of other appeals by providers for at least 24 months with post-assignment hearing wait times continuing to exceed 6 months.
Click here to read the Memorandum
1/15/2014 Insured for Old Age? An Economist Explains the Dangers of Long-Term Care Insurance
Long-term care insurance has grown increasingly expensive, and for many folks, it's not worth the cost, says Lew Mandell.
Click here to read the PBS article by Lew Mandell
1/13/2014 9 Reform Bills Introduced at a Sacramento Press Conference on Monday
The RCFE Reform Act of 2014 comprising 9 bills aimed at reforming the assisted living industry in California, were introduced at a press conference in Sacramento on Monday. There were eight legislators in attendance.
Click here to read the legislative factsheets

1/10/2014 Press Release: California Legislators Address Crisis in Senior Care Homes
Sacramento––A coalition of California legislators will appear at a press conference on Monday, January 13, 2014, at 11:30 am in Room 3191 at the State Capitol to unveil their bills as part of the RCFE Reform Act of 2014.
Click here to read the statement
1/9/2014 Media Advisory: California Legislators and Advocates Announce RCFE Reform Act of 2014
A press conference will be held on Monday, January 13, at 11:30 am at the State Capitol to announce the introduction of the Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014
Click here to read the statement
12/11/2013 Santa Clara Dementia Care Symposium coming February 6
CANHR is bringing its popular traveling dementia care symposium to Santa Clara on February 6, 2014. The day will be dedicated to teaching care partners a person-centered approach to care that is focused on providing comfort instead of sedating drugs. Dr. Jonathan Evans, the President of the American Medical Directors Association, will be speaking. Co-sponsored with the Alzheimer's Association and the long-term Care Ombudsman programs of Santa Clara, Monterey, and Santa Cruz counties. Lunch and CEU credits will be provided.
Click here to see the event flyer

Click here to register
11/22/2013 $2.2 Billion Johnson & Johnson Settlement Sends New Warning: Antipsychotic Drugs Should Not Be Used to Treat Dementia
In response to the recent $2.2 billion settlement with Johnson and Johnson for mismarketing the antipsychotic drug Risperdal for elderly people with dementia, CANHR and other long term care consumer advocates released the following statement.
Click here to read the statement
10/30/2013 CANHR Releases Report on Residential Care in California: Unsafe, Unregulated & Unaccountable
California Advocates for Nursing Home Reform (CANHR) is releasing the attached report on the crisis in care at California's 7,500 Residential Care Facilities for the Elderly (RCFEs). The recent abandonment of 14 bedridden residents at Valley Springs Manor in Castro Valley highlights the serious problems in oversight and enforcement. With this report and its recommendations, we call upon Community Care Licensing, the agency responsible for regulatory oversight and enforcement of the RCFE laws, to reclaim its role as a consumer protection agency. We also call upon California legislators and the Department of Social Services to address this crisis in care and to create a new model of care where the health and safety of residents takes priority.
Click Here for a copy of the Report
10/22/2013 Lawsuit Seeks to Protect Unrepresented Nursing Home Residents from Physician and Staff Abuses
A lawsuit filed Tuesday, October 22, 2013, in Alameda Superior Court against the California Department of Public Health (DPH) on behalf of California Advocates for Nursing Home Reform (CANHR) and several nursing home residents seeks to find unconstitutional a California law that permits nursing homes residents to be found incompetent and administered mind-altering drugs, placed in physical restraints, have life sustaining treatment ended and denied due process if they seem not to have a “surrogate” or anyone to assist them in opposing such treatment decisions.
Read More for the full press release
Click here for a copy of the complaint
10/11/2013 CANHR is pleased to announce that Governor Brown has signed AB 140 into law
AB 140 gives a new definition for California's undue influence statute, which has not been changed since its enactment way back in 1872.
Read More...
10/11/2013 CANHR co-sponsored bill, SB 272 (Corbett) signed into law
SB 272 protects senior veterans from misleading advertising that uses emblems, insignias, symbols or anything that can be reasonably interpreted or construed as implying any federal military, state military, military veteran, or military or veteran services organization connection, approval, or without their express approval.
Read More...
10/1/2013 CANHR to co-host Modesto Dementia Care Symposium
CANHR will be co-hosting its eighth dementia care symposium on November 12, 2013. This time, CANHR is bringing its comfort-focused care road show to the Modesto area for a FREE half-day event featuring presentations from dementia care experts and a panel discussion of hypothetical tough cases. Lunch and CEU credits will be provided.

Click here to view the event flyer.
9/16/2013 National Commission on Long-Term Care Releases Recommendations But Fails To Offer Plan To Help Pay For Services
A commission created by Congress to address the country's surging need for long-term health care released recommendations Friday but did not reach a consensus on how to pay for these expensive services. The three-page summary of recommendations addresses a wide-ranging list of concerns but offers few specific remedies. The Commission's full report, rejected by a bipartisan minority of commissioners, is expected to be released next week.
Read More...
In addition: Five Members of Long-Term Care Commission Release Alternative Recommendations
9/16/2013 Unsafe Nursing Homes Are Exposed in Hall of Flame
Almost 1200 U.S. nursing homes, including more than 30 facilities in California, failed to meet an August 13, 2013 federal deadline for installing an automatic sprinkler system to protect residents from fire hazards. Some of the unsafe nursing homes do not have a sprinkler system; others have partial systems. Despite giving nursing homes FIVE YEARS to install automatic sprinkler systems, the federal Centers for Medicare and Medicaid Services (CMS) is not taking strong steps to enforce compliance or to expose unsafe nursing homes. To alert the public, the National Consumer Voice for Quality Long-Term Care has established a Hall of Flame to expose the nursing homes that failed to meet the CMS sprinkler requirements.
Read More...
9/10/2013 KQED/CIR Report on Abuse & Neglect in California Long Term Care
State investigators are opening and closing investigations into suspected abuse without ever leaving their desks, the Center for Investigative Reporting and KQED have found. In some instances, caregivers who have sexually assaulted or abused patients have retained their licenses and moved to other facilities.
Read More...
9/10/2013 Abuse and Neglect Not Investigated at California's Assisted Living/RCFEs
The San Diego Union Tribune and the Center for Health Reporting at the University of Southern California examined more than 80 possible crimes at San Diego County residential care homes for th eelderly in the past 10 years for which criminal investigations were never launched or fizzled due to delays. Elder abuse, sexual assault and other acts regularly go uninvestigated as crimes at assisted living homes across California, as the facilities fall into a jurisdictional haze in which the first response is often administrative sanctions.
Read More...
8/16/2013 California Nursing Homes Get a “C” in Report Card
California nursing homes rank 28th in the United States according to Families for Better Care, a nursing home resident family advocacy group in Florida. The group recently released a nursing home care report card for all 50 states and Washington, DC. where nursing home care was assessed using a formula of staffing levels, enforcement actions, and Ombudsman complaints. Alaska facilities were ranked first and Texas was ranked last. California rated a “C” - average score - with D’s in registered nursing hours, deficiencies, and inspections. The California report stated “rampant problems plague California nursing homes as 9 out of 10 facilities cited a deficiency.” To see the report cards, go to http://nursinghomereportcards.com.
8/06/2013 Study Shows Extreme Overuse of POLST in Nursing Homes
A 2012 study looking at the use of Physician Orders for Life Sustaining Treatment (POLST) forms has found that about 20% of California nursing homes have all of their residents have a POLST form while nearly 40% of nursing homes had at least 90% of their residents have a POLST. The numbers are tremendously high, especially considering that POLST forms are meant for a very small number of people: people who are terminally ill or suffering from a chronic progressive illness likely to end in their death. To read the study, click here.
Read More...
7/16/2013 July 30th Frontline - Life and Death in Assisted Living
Coming July 30th, FRONTLINE and ProPublica investigate assisted living in America. In a major investigation with ProPublica, FRONTLINE will examine the operations of the nation's largest assisted living company, raising questions about the drive for profits and fatal lapses in care. For more information, visit PBS's website.
7/12/2013 Governor appoints Prescott Cole to the California Professional Fiduciaries
Advisory Committee

CANHR is delighted to announce that Governor Jerry Brown has appointed CANHR Senior Staff Attorney Prescott Cole to the California Professional Fiduciaries Advisory Committee.
Read More...
7/10/2013 Kaiser Family Foundation Report Explores Increasing Nursing Home Profits
The Kaiser Family Foundation has issued a new report which traces the recent growth of Medicare payments and profits to nursing homes despite seemingly stagnant nursing home spending on actual care.
Read More...
7/01/2013 Defense of Marriage Act (DOMA) Supreme Court Decision: Hold Claims Involving Same-Sex Married Couples
Get instructions for processing Medicare and disability claims involving same-sex married couples, including claims involving children with same-sex married parents.
https://secure.ssa.gov/apps10/public/reference.nsf/links/06272013124709PM
7/01/2013 HHS clarifies gay couples have nursing home visitation rights
Gay people living in nursing homes will have the same guaranteed access to their partners and spouses as gay patients in hospitals receiving Medicare and Medicaid, according to new guidance obtained Friday by the Washington Blade.
http://www.washingtonblade.com/2013/06/28/hhs-clarifies-gay-couples-have-nursing-home-visitation-rights/
6/12/2013 Campbell, Millbrae Nursing Homes in Bankruptcy
A & C Health Care Services, Inc., the licensee for Camden Convalescent Hospital, a 60 bed nursing home in Campbell, California and A & C Convalescent Hospital of Millbrae, a 140 bed nursing home in Millbrae, filed for bankruptcy on June 3. At this point we are unsure as to what steps the Department of Public Health will take to protect the residents of these facilities from transfer trauma. One can see bankruptcy filing information on this Web page.
https://business-bankruptcies.com/cases/a-c-health-care-services-inc
6/11/2013 Obamacare Explained: A Guide for Californians
An on-line guide produced by KQED News and The California Report to help Californians steer their way through the health insurance maze. Starting January 1, 2014, most Americans will be required to have health insurance or pay a fine. It's part of the federal Affordable Care Act. This guide explains how the health law affects you, your family or your small business, here in California. It's for people who already have insurance and people who don't — but want to get it. The new health insurance options offered to you as a Californian are outlined and the guide shows you how to access them. If you're concerned about the cost, the guide also shows you what help is available. Link here:
http://www.kqed.org/news/health/obamacare/obamacare-guide.jsp
5/17/2013 Website Tool Allows You to Search Your Doctor's Prescribing Practices
ProPublica (www.propublica.org) has released an on-line search tool allowing people to look up a physician's prescribing practices as it relates to antipsychotics. The search tool shows what percentage of a physician's Medicare Part D patients were 65 or older and what percentage of patients received an antipsychotic. Check your doctor's rate by going to http://projects.propublica.org/checkup
5/14/2013 RCFE/Assisted Living "Death" Charges to End
ABC's Channel 7 - "7 On Your Side" - highlights AB 261 (Chesbro), which will end the ability of Residential Care Facilities to require advanced notice or to charge fees after a resident has died. Watch the video here.
3/20/2013 IHSS Lawsuit Settlement - Devastating Cuts Avoided
Lawyers representing IHSS consumers, unions and the State of California have reached a settlement that will prevent the implementation of devastating cuts to In-Home Supportive Services (IHSS). In the settlement, the State has agreed to repeal and eliminate two major cuts to IHSS: (1) the 20% across-the-board reduction in IHSS hours from 2011, and (2) the termination or reduction in IHSS for many recipients based on their functional index score from 2009. Read More...
3/15/2013 Free Workshop for Seniors on Elder Financial Abuse Los Angeles ––
A free workshop on avoiding elder financial abuse will be held on April 2, 2013 at the Magnolia Place Family Center in Los Angeles. The workshop, What You Need to Know About Elder Financial Abuse, is sponsored by California Advocates for Nursing Home Reform (CANHR), with Prescott Cole, CANHR’s senior staff attorney as keynote speaker. Mr. Cole will discuss common schemes and effective strategies to avoid financial abuse scams, including dangerous reverse mortgages, annuity scams, long term care insurance policies, and nursing homes and VA benefit scams. Read more...
3/12/2013 Disability Rights California Report Finds Dominican Hospital Ethics Committee and Physicians Violated Patient's Right to Make End-of-Life Decisions Before Terminating His Life-Sustaining Dialysis Treatments. After what appears to be a very exhaustive investigation, Disability Rights California found numerous problems surrounding the death of a patient of Dominican Hospital in Santa Cruz. Most notably, the hospital's bioethics committee decided to discontinue its patient's dialysis treatment depite having no legal authority to do so and despite a Physician's Order for Life-Sustaining Treatment (POLST) form in which the patient directed full treatment of his conditions. The patient died following the termination of his dialysis. Read more...
3/5/2013 Harrowing 911 Call & Refusal to Perform CPR - National Dialogue Needed? Most of you have probably heard about the refusal of a Bakersfield Glenwood Gardens nurse to provide CPR to an 87 year old resident, despite the pleas of the 911 dispatcher. For seven minutes and 16 seconds, the dispatcher begged staff to do something to save the resident, who died shortly after EMTs arrived. The resident lived in the Glenwood Gardens independent living section. Although Glenwood Gardens has applied for CCRC status, it has not yet been approved, so the unit was not subject to any state or federal regulations. In fact, there are no regulations that require CPR, even in assisted living.
Read more...
2/28/2013 Office of Inspector General Report: $5.1 billion in Medicare funds wasted on poor nursing home care The report, titled, "Skilled Nursing Facilities Often Fail to Meet Care Planning and Discharge Planning Requirements," was released Thursday, February 28, 2013, by the Department of Health and Human Services' inspector general, and noted that Medicare paid about $5.1 billion for patients to stay in skilled nursing facilities that failed to meet federal quality of care rules in 2009, in some cases resulting in dangerous and neglectful conditions. Read more...
2/25/2013 CANHR Sponsors upcoming drug symposium March 7, 2013 - Building Relationships: The New Medicine for Treating Dementia
2/21/2013 Press Release:California Advocates for Nursing Home Reform Brings Lawsuit to Close Corporate Loopholes. Read more...
2/12/2013 New Report on Affordable Care Act and Nursing Home Requirements The Kaiser Commission on Medicaid and the Uninsured has just released a new report "Implementation of Affordable Care Act Provisions To Improve Nursing Home Transparency, Care Quality, and Abuse Prevention." Written by Dr. Charlene Harrington, UCSF and Janet Wells, long term care consultant, the report describes the new ACA requirements, explains the background for their inclusion in the law, and outlines the Centers for Medicare & Medicaid Services’ (CMS’s) progress in implementing them to date. Read the Report.
1/30/2013 Next Generation Dementia Care Symposium in Oxnard on March 7. CANHR is co-sponsoring "Building Relationships: The New Medicine for Treating Dementia" in Oxnard on March 7, 2013. The event will feature a keynote address from Dr. Jonathan Evans, the President-elect of the American Medical Directors Association and several training sessions presented by Ventura County-area long-term care providers to share their experiences in improving their own dementia care and reducing their reliance on harmful or unnecessary psychotropic drugs. CANHR Staff Attorney Anthony Chicotel will also be presenting at the symposium.
1/23/2013 Empowering Women Across the Generations - Public Policy Conference. On Feb. 9 in Ontario, CA, sponsored by the California Federation of Business and Professional Women. One of the keynote speakers will be Patricia McGinnis, founder and Executive Director of CANHR.
1/15/2013 Medical Board is No Friend to Drugging Victims Article by Anthony Chicotel, CANHR Staff Attorney, the San Jose Mercury-News about the California Medical Board's failure to take action in two tragic cases.
1/15/2013 Former Director of Nursing Sentenced to Three Years in Prison for Drugging Nursing Home Residents
12/14/2012 CANHR Urges Stronger Consumer Protections for Reverse Mortgages in Letter to HUD. In a letter sent to HUD Secretary Shaun Donovan, Consumers Union and CANHR urged federal regulators to consider a more comprehensive package of reverse mortgage protections for seniors.
12/12/2012 CANHR Senior Staff Attorney Prescott Cole on ABC World News Tonight with Diane Sawyer. Mr. Cole was interviewed for a story on the risks involved with reverse mortgages and the Department of Housing and Urban Development's proposed changes to the program.
1/7/2013 CANHR assisted the Center of Excellence on Elder Abuse and Neglect at UC Irvine School of Medicine in creating a resource guide for veterans to protect themselves from scams and financial abuse.
12/11/2012 Spousal Impoverishment Now Available to Same Sex Spouses & RDPs
12/11/2012 CANHR Lawsuit Targets Nursing Home Management and Fees
11/9/2012 CANHR Executive Director Pat McGinnis on ABC 7 News. Ms. McGinnis was interviewed as part of a "7 on Your Side" story on Assited Living Facilities and how some are requiring 30 days notice, even in cases of death... Read more and watch the video.
9/28/2012 U.S. Senators Kohl, Grassley and Blumenthal Introduce Bill to Strengthen Informed Consent for Antipsychotics in Nursing Homes Last week, Senators Kohl, Grassley and Blumenthal introduced the Improving Dementia Care Treatment in Older Adults Act (S. 3604) in response to increased reports of epidemic misuse of antipsychotics to chemically restrain nursing home residents with dementia.
9/17/2012 RA Draft Regulations released
9/6/2012 Advocates: Now Is The Time To Reform Reverse Mortgages
8/16/2012 Sonoma Development Center Survey Reveals Major Problems. A 495 page survey conducted by the Department of Public Health and completed on July 3, 2012 reveals major problems of poor medical care and failures to prevent abuse and investigate when patients are harmed.
8/16/2012 New Nursing Home Inspect Tool. ProPublica, an independent, non-profit newsroom that produces investigative journalism in the public interest, has unveiled a new interactive tool to search nursing home inspection reports.
8/16/2012 Covenant Care lawsuit reinstated. A state appeals court reinstated a lawsuit against the owner of 16 nursing homes in Alameda County on Wednesday and said patients can sue long-term care facilities for failing to meet California's nurse-staffing standards...
7/16/2012 CANHR Releases Attorney General Reports showing rampant abuse and neglect at 14 California Nursing Homes. California Advocates for Nursing Home Residents (CANHR) has obtained and released reports issued by the California Attorney General’s “Operation Guardians” that detail widespread abuse, neglect, and generally terrible conditions in the four7een nursing homes inspected since 2010. The reports reveal a shameful state of affairs in the reviewed nursing homes that is fostered, in part, by a lack of statewide enforcement from the Department of Public Health (DPH). Click here to read the reports, CANHR’s executive summary and CANHR’s press release. Read more...
7/5/2012 Physical Restraints Found Rampant at Marin Convalescent
6/28/2012 Lawsuit seeks injunction to improve care at Creekside Health Care Center. On June 25, current and former residents of Creekside Health Care Center in San Pablo, California, filed a lawsuit against the facility and its parent corporation, Mariner Health Care, Inc., alleging serious and continuing Residents’ Rights violations. The lawsuit alleges that residents were severely neglected, with residents left in soiled diapers and clothing for hours and suffering falls and painful pressure sores. The lawsuit also alleges the facility's lax supervision led to multiple sexual assaults perpetrated by an outside visitor. To see the lawsuit complaint, click here.
6/15/2012 CMS approves extension of spousal impoverishment transfers to same sex spouses and registered domestic partners.
6/14/2012 "What could that FREE lunch cost you? -- How to Avoid Being Drawn Into Financial Elder Abuse Scams." Opening your doors to financial predators may create civil and criminal liability for Assisted Living Facilities. Seniors fear outliving their assets and are constantly drawn to individuals whom they believe can help them. Often times these individuals are scam artists peddling worthless services or unsuitable financial products. Presenter: CANHR's Prescott Cole, Esq - Wednesday, June 27, 2012 - Free Webinar
5/23/2012 Contact Senators Feinstein and Boxer Today to Cut Misuse of Antipsychotics in Nursing Homes
5/10/2012 Department of Public Health Seeks to Deregulate Nursing Homes. In a brazen attempt to deregulate nursing homes, the Department of Public Health (DPH) presented a legislative proposal today that would gut California’s oversight of nursing home care and destroy countless reforms established by the Legislature over the last 30 years.
4/27/2012 CANHR's Dementia Care Symposium Coming to So Cal on June 4 and 5!. Following the phenomenal success of similar symposia in central and northern California, CANHR is co-sponsoring back-to-back full day dementia care trainings in San Diego and Los Angeles. The symposia will address the increasing misuse of psychotropic drugs as treatment for dementia and focus on non-pharmacological alternatives. Each symposium will feature presentations and workshops to promote better dementia care. The symposia are part of CANHR's on-going Campaign to End the Misuse of Psychotropic Drugs in California Nursing Homes.
4/6/2012 At Long Last Standard Admission Agreement Takes Effect. After 15 years of seemingly endless bureaucratic delays and court battles, today (April 6, 2012) marks the first day that California nursing homes are required to use the Standard Admission Agreement developed by the California Department of Public Health. Its use is required by a 1997 California law (SB 1061) co-sponsored by CANHR and Bet Tzedek Legal Services. The Standard Admission Agreement replaces admission contracts written by nursing homes that commonly contain deceptive, self-serving or illegal terms. Click here to read CANHR's new fact sheet on the Standard Admission Agreement.
3/13/2012 CMS to Introduce Campaign to Reduce Antipsychotic Use on March 29
1/27/2012 CANHR releases a new report on the sad state of nursing home drugging in California. Today, CANHR is releasing "In a Stupor: What California’s Antipsychotic Drug Collaborative Reveals About Illegal Nursing Home Drugging." The report analyzes the findings of the Department of Public Health's Antipsychotic Drug Collaborative with which the Department has investigated 24 nursing homes and found 147 violations of state rules regarding the use of antipsychotics on residents. The Department's investigations confirm that misuse of antipsychotics is rampant in California nursing homes and deserves immediate remedial action.
1/19/2012 Judge Grants Preliminary Injunction, Stops IHSS 20% across the board cuts from going forward. On January 19, 2012, a Federal Judge in Oakland continued to block the state from reducing in-home care to thousands of low-income disabled and elderly residents.
1/3/2012 CORRECTION: In the most recent edition of The Advocate a Citation issued by the State of California Dept. of Public Health was incorrectly attributed to Dreier's Nursing Care Center in Glendale when the Citation was actually issued to another facility. Dreiers Nursing Care Center has not received any Citations in 2011. We apologize for this error.
12/7/2011 U.S. Senate Holds Hearing About Antipsychotic Misuse in Nursing Homes.
11/18/2011 Lawsuit filed to End Practice of Hospital "Observation Status". On November 3, 2011, the Center for Medicare Advocacy and the National Senior Citizens Law Center filed a class action lawsuit against Kathleen Sebelius, the Secretary of Health and Human Services, on behalf of seven individual plaintiffs - all Medicare beneficiaries who received hospital inpatient services - harmed by the increasingly common practice of classifying these patients as on "observation status," rather than inpatients. This practice deprives Medicare beneficiaries of Part A coverage for their hospital stay, and because of the 3-day prior hospitalization stay requirement - deprives them of Part A coverage for post-hospitallization skilled nursing care.
10/14/2011 The Secretary of State is asked to release funds to 514 victims of elder financial abuse. The California Victims of Corporate Fraud Compensation Fund, since its inception in 2002 has collected almost $15 Million and only paid out $92,000 to seven people.
10/14/2011 New Law Extends Financial Protections for Medi-Cal's Long Term Care Benefit to Same Sex Spouses and Registered Domestic Partners: On October 11, 2011, The Governor signed AB 641, a major step forward in ensuring that same sex partners receive equal treatment under the law during one of the most difficult periods of life - i.e., when one spouse must enter a nursing home.
9/22/2011 Falsified Patient Records are Untold Story of California Nursing Home Care. On September 18th and 19th, the Sacramento Bee published an alarming series on the common complaint that nursing home records often have little to do with reality.
9/16/2011 CCL Issues New Policies to Protect RCFE Residents from Unlawful Evictions.
9/1/2011 Treatment of Lavender v. Skilled Healthcare Settlement Funds.
8/30/2011 Governor Axes Adult Day Health Care Services Governor Brown struck down a replacement program for Adult Day Health Care Services (ADHC) and upended the lives of about 35,000 Californians who depend on the services to meet their needs and stay out of nursing homes.
8/19/2011 Long-Term Care Insurance on the Radio. CANHR Staff Attorney Prescott Cole and financial advisor Timothy Millar joined KALW Radio Host Chuck Finney on "Your Legal Rights" for an hour-long discussion on the pros and cons of Long-Term Care Insurance.
8/16/2011 Ventura County is Center of Least-Medicating Movement. Ventura County might seem like an unlikely base for a statewide movement to end the misuse of psychoactive drugs on nursing home residents, but thanks to a unique mix of tireless long-term care Ombudsman, dedicated and curious care providers, and some world-class experts, all of Ventura County is buzzing with the opportunity to offer cutting-edge dementia care to its residents.
8/2/2011 Illegal Nursing Home Evictions on the Rise as State Shirks Enforcement. Channel 5 News in San Francisco has posted a story featuring two Bay Area illegal nursing home eviction cases. Nursing homes have become more brazen in refusing to readmit residents who have been temporarily hospitalized, largely due to the lack of state enforcement of resident eviction protections. Watch the Channel 5 story...
6/21/2011 Your Right to Visit - CANHR Publishes Free Guide for Visitors to Long-term Care Residents and Hospital Patients.The right to meet with visitors of a person's choosing is among the most intimate rights we have. Despite federal and state laws that protect the right to visitation for people who enter a long-term care facility or hospital, health care providers often prohibit visitors who are considered problematic. These providers illegally assume the role of sentinel - deciding who may or may not see a resident. This Guide reviews the laws protecting a resident's right to visitation and common visitation issues and offers ideas for remedying visitation problems through the use of sample cases.
5/3/2011 In Memoriam: Long Time CANHR Member Pearl Caldwell. Pearl Caldwell, a long time CANHR member and – for over 25 years - the Coordinator of CANHR’s Santa Clara County Family Support Group, passed away on Sunday, May 1, 2011.
4/7/2011 New Release:  Assisted Living Administration and Management. CANHR Board member, Dr. Darlene Yee-Melichar, is the co-author, along with Andrea Renwanz Boyle and Cristina Flores, of the recently released "Assisted Living Administration and Management: Effective Practices and Model Programs in Elder Care."  Dr. Yee-Melichar, a Professor and the Coordinator of the Gerontology Program at San Francisco State University.
3/31/2011 Olive Ridge Post Acute Care, a skilled nursing center in Oroville, was cited 15 times for violations of state and federal law regarding resident evictions when it illegally closed down an entire unit and forced most of the residents to move to new facilities.
3/25/2011 Use of chemical restraints in nursing homes called an epidemic. Nearly 25 percent of the residents in California's nursing homes are placed on antipsychotic drugs, often used as sort of a chemical leash to control behavior in a trend a watchdog called an epidemic Thursday at a symposium.
3/17/2011 Elder Justice Advocates: about attorneys committed to protecting and safeguarding elders in California through advocacy and elder abuse litigation.
2/18/2011 Senate Hearing, February 22. CANHR's Executive Director Pat McGinnis will be testifying about the state of elder abuse in California during a first-ever joint hearing of the Assembly Aging and Long-term Care and Public Safety Committees. The hearing will be held from 9:30 AM to 12:00 PM on Tuesday, February 22. Pat will be one of several long-term care and law enforcement experts to speak at the hearing. The hearing will likely be webcast live through www.calchannel.com.
12/17/2011 DRA Update. The Department has given permission to release the draft DRA regulations. This version is only the latest of several versions, and we want to make it clear that these are not final regulations.
12/16/2010 Report on Reverse Mortgages. The Consumers Union along with California Advocates for Nursing Home Reform and the Council on Aging Silicon Valley released a report calling for stricter oversight of the reverse mortgage market and new consumer protections for borrowers. Noting that "Reverse mortgages are a very risky deal for borrowers who don't understand the complicated terms of the loan and how quickly fees and interest charges can add up", the report offers tips for consumers to help avoid unnecessary or unsuitable transactions.
12/7/2010 CANHR Tells Senate Forum: No More Chemical Restraints! On December 8, 2010, Patricia McGinnis, CANHR's Executive Director, will speak to the U.S. Senate Special Committee on Aging on CANHR's campaign to end the epidemic misuse of antipsychotic drugs by nursing homes to chemically restrain residents who suffer from dementia. By invitation of the Committee, Ms. McGinnis is presenting at its forum: Until There's a Cure: How to Help Alzheimer's Patients and Families Now. A webcast of the forum will be posted to the Senate Committee's website following the event.
11/16/2010 Press Release: CANHR Launches Campaign to Fight Drugging of Nursing Home Residents CANHR’s new campaign takes aim at the rampant misuse of antipsychotics and other psychoactive drugs by nursing homes to sedate and subdue their residents.
10/19/2010 Physician Orders for Life Sustaining Treatment "POLST" - Problems and Recommendations. Read CANHR's report on POLST in California and learn why it has created several problems for health care consumers, particularly nursing home residents.
10/14/2010 California 2010-2011 Budget: Impact on Health and Human Services. On Monday, October 8, 2010, Governor Schwarzenegger signed California's $87.5 billion budget, after line item vetoes of an additional $963 million. The most that can be said is that it's not as bad as we thought it would be.
10/8/2010 CANHR mourns the loss of Ed Pope, who died in San Jose on October 3, 2010.
9/30/2010 Governor Vetoes SB 1329
8/11/2010 Motion Picture Home Cited for Illegal Transfers
7/27/2010 GAO Issues Report on Resident Risks in Continuing Care Retirement Communities (CCRCs)
7/23/2010 Reforms to Nursing Home Payment System Moving Forward
6/24/2010 Audit Finds the Department of Public Health Isn’t Collecting Fines Against Nursing Homes for Abuse and Neglect
6/24/2010 State Reports Huge Increase in Nursing Home Profits
A June 2010 report by the California Office of Statewide Health Planning and Development (OSHPD) reports that nursing home profits (net income) grew by 640 percent from 2003 to 2007, increasing from $70 million in 2003 to almost $448 million in 2007.
The report attributes the increase to AB 1629, a 2004 law that sets Medi-Cal payments to nursing homes. Developed by the nursing home industry, the law has increased Medi-Cal payments to skilled nursing facilities by about a billion dollars per year since 2004 despite no change in the number of people being served.
5/26/2010 Governor's 2010-2011 Revised State Budget Reflects Lame Duck - "I'm Out of Here" - Agenda
5/10/2010 Disability Rights California Investigation Finds that Abuse by Nursing Home Staff is Not Treated as a Crime
5/4/2010 Drug Giant AstraZeneca Pays Half-Billion Dollar Penalty for Illegal Marketing of the Antipsychotic Seroquel to Drug Elders with Dementia.
4/19/2010 California Watch Investigation Reveals California Nursing Homes Receive Millions While Cutting Staff Wages
4/19/2010 New York Times Story Highlights RCFE Foreclosures and Legislation in California
4/7/2010 > CANHR is pleased to announce the publication of “California Conservatorship Defense – A Guide for Advocates.”
4/1/2010 Medi-Cal Officials Snub Reforms to Protect Nursing Home Residents from Abuse and Neglect
3/31/2010 Preventable Harm: California Fails to Follow Through With Patient Safety Laws
3/31/2010 President Obama Signs Elder Justice Act and Nursing Home Transparency and Improvement Act
3/31/2010 Dangerous Caregivers: State Failed to Cross-Check Backgrounds, Exposing Elderly to Abusive Workers
3/30/2010 CANHR urges U.S. Senate to Maintain Protections Against Controlled Substances in Nursing Homes
3/11/2010 Department of Health Care Services Releases Proposed Bill for Recovery on Special Needs Trusts
Senate Budget Sub 3 has recommended that the Department's Special Needs Trust/Recovery bill not be heard and (like last year) believes it should be a policy bill, so they will not be considering it. The Department of Health Care Services' legislative proposal would prohibit Shewry v. Arnold from applying to Special Needs Trust recoveries and prohibit the deferrals and exemptions under the Medi-Cal recovery laws from applying to reimbursement of claims asserted against special needs trusts, including pooled special needs trusts. We do not know if the Department will continue to pursue this on a policy track, given the overwhelming budget issues out there, but will keep you informed.   Click to see the Department's proposed language  and  "Fact Sheet".
3/4/2010 Prescott Cole Named California Lawyer Attorney of the Year for Elder Law
Prescott Cole, CANHR’s Senior Staff Attorney, was selected by California Lawyer Magazine as a 2010 Clay Award winner and Attorney of the Year. Prescott was honored in the category of Elder Law for spearheading AB 329 (Feuer), which established new protections for seniors against reverse mortgage predators (see “New Protections for Reverse Mortgage Borrowers” in the December 2009 Network News). Those of you who know Prescott also know his relentless advocacy for elder abuse protections that has resulted in many successes on the state and national level. We are proud of Prescott and all he has done, not just in 2009, but throughout the last 14 years with CANHR.
2/25/2010 Press Release: TOXIC MEDICINE! - New Guide to Fighting the Misuse of Psychoactive Drugs in California Nursing Homes
1/6/2010 3 Nursing Home Patients Killed by 'Chemical Restraints'
ABC World News with Diane Sawyer reports on the Kern Valley deadly over-drugging case. CANHR is initiating a large scale campaign in 2010 to eliminate the misuse of psychoactive drugs in California nursing homes. If you or someone you know has been a victim of drug misuse in a nursing home, please contact CANHR.
11/04/2009 New Senate report - California Ombudsman Program not effectively responding to elder abuse
11/03/2009 Press Release: Beware of Swine Flu "Quarantines"
10/15/2009 Governor Vetoes Bill to Curtail the Drugging of Nursing Home Residents - CANHR's statement
10/6/2009 GAO Finds Many Poor Quality Nursing Homes Escape Needed Oversight
10/6/2009 Several CANHR Sponsored Bills Sent to Governor
9/15/2009 Mother Kills Daughter Then Self in Oakland Nursing Home
8/14/2009 Press Release: Santa Monica Nursing Home Fined $100,000 for Death of a Resident Due to Neglect
8/7/2009 Governor Signs AB 392 to Fund Ombudsman Programs
7/29/2009 Governor Slashes Health and Human Services Further
7/29/2009 New CANHR Report: "Conservatorship Reform in California: Three Cost-Effective Recommendations"
6/19/2009 State Issues Two $100,000 Fines for Neglect that Causes the Death of Encinitas and Los Angeles Nursing Home Residents
5/27/2009 Governor proposes drastic cuts in Health and Social Services and just about everything else
4/29/2009 May 2009: SSI/SSP Cuts in California and Federal Stimulus Payments
4/21/2009 Deaths of Santa Monica Nursing Home Residents from Neglect Result in Minimal Penalties from Licensing Officials
04/09/2009 CANHR Weekly Radio Program:
Elder Issues & Answers on Saturday, 9:30am, KTRB AM 860
03/06/2009 Last Minute Bush Administration Gag Rule Prevents State Licensing Staff from Producing Documents or Testifying in Nursing Home Cases
02/20/2009 Attorney General Charges Nursing Home Drugging is Assault with a Deadly Weapon
02/17/2009 In Memorial: Sherry McIlwain
02/17/2009 Recent Study Reveals Gross Failure of Nursing Homes to Adequately Treat
Terminally Ill Residents
12/18/2008 Feds Launch Nursing Home Rating System
10/01/2008 Pat McGinnis, CANHR’s Executive Director, interviewed by Michael Krasny on KQED Public Radio
09/30/2008 DRA Update: SB 483 Signed By the Governor
05/28/2008 Attorney General granted an injunction against James Walker and Senior Care Advocates. View a PDF copy of the injunction.
09/30/2008 New York Times Reports that 94% of Nursing Homes Have Health and Safety Violations
08/28/2008 Conviction Upheld for Bay Area Nursing Home Operator
07/14/2008 CANHR correspondent sues CCRC in San Francisco
06/13/2008 In Memorial: Sheila McGorty
06/05/2008 Health Care, Seniors Targeted by Budget Cuts
04/10/2008 CANHR Staff Attorney Receives Prestigious Sentinel Award
04/08/2008 Press Release: Billion Dollar Funding Increase Fails
to Improve Nursing Home Care in California
04/02/2008 SF Weekly reports: Nursing Home Lobbyist Quits
After He Predicts SEIU Powerplay
03/28/2008 CANHR mourns the loss of Mary Ballantyne
03/26/2008 New Report: Quality of Care in Residential Care for the Elderly, A Study of the Limitations & Potential of Community Care Licensing’s Current Data Systems
02/26/2008 Nursing Homes Are Understaffed Says State Report
02/15/2008 Nursing Home Transparency and
Improvement Act of 2008 Introduced
02/06/2008 Feds Out Nursing Homes with
High Levels of Restraints & Bedsores
02/04/2008 Department of Public Health Delays
Nursing Home Staffing Ratios Again
01/18/2008 Proposed Inspection Cuts Endanger Elders
12/12/2007 View Video: CANHR Testifies at U.S. Senate Hearing
on Reverse Mortgage & Annuity Scams
12/01/2007 Congress Preparing Nursing Home Legislation
11/29/2007 SF Weekly Article: Roll of the Die –
Human Life Speculators Bet on Elder Deaths
11/15/2007 CBS Investigation: Lack of Oversight on California Homes for Disabled
10/26/2007 New York Times Report Spurs Investigations of
Nursing Homes Putting Profits Above Care
10/25/2007 San Diego Fires—Contact Information for Evacuated Elders
10/18/2007 Governor Vetoes Bill to Protect Nursing Home Abuse Victims
10/02/2007 LA Times: Bill Seeks Faster Investigations of Nursing Home Complaints
06/28/2007 DHS Compliance with CANHR vs DHS Order
05/11/2007 Court Orders DHS to Reissue Standard Admission Agreement
04/26/2007 Once Again GAO Finds Nursing Home Enforcement Weak and Ineffective
04/16/2007 State Auditor Cites DHS for Lax Nursing Home Oversight
02/05/2007 CANHR mourns the loss of former Lt. Governor Leo McCarthy
01/19/2007 Bet Tzedek Scores a Victory for Resident Rights
01/01/2007 2007 Rate and COLA Increases
10/23/2006 Alert: DHS Suspends Use of Standard Admission Agreement
10/11/2006 CANHR mourns the loss of William F. Taylor
10/06/2006 Legislation Update: Bills Signed
10/02/2006 Judge Orders State to Promptly Investigate Complaints of Nursing Home Neglect & Abuse
09/05/2006 Legislative Alert: Important Long Term Care Bills Pass Legislature: Need Governor's Signature
07/26/2006 Updated:Medi-Cal Estate Recovery Regulations: Final and Proposed:
• Comprehensive (R-32-00) (pdf) filed May 10, 2006;
• Proposed Disability Regulations (R-14-04) (pdf) — CANHR's Comments Posted (pdf)
07/26/2006 CANHR ALERT: Heat Wave Turns Deadly; Nursing Homes Responsible for Resident Safety
06/22/2006 Legislature Passes SB 1248, The Nursing Home Residents' Rights Act of 2006 — Letters to Governor Needed
03/31/2006 Medicaid Alert: Federal Deficit Reduction Act, CANHR's analysis, and a consumer summary
03/31/2006 Konrad Semrau Memorial
03/15/2006 The Judicial Council's Probate Conservatorship Task Force is holding public hearings, March 24, San Francisco
03/15/2006 Legislature Orders Audit of Troubled Nursing Home Licensing Agency — CANHR's Press Release
03/07/2006 Notice of Estate Recovery Regulations Changes Released
02/01/2006 New fact sheet, "Medicare Part D: Frequently-Asked Questions (FAQ)" is now available.
01/19/2006 New Government Study Finds California Overlooks Serious Nursing Home Violations
- Click here for the report (pdf, 1.6mb)
- Click here for CANHR's press release
11/25/2005 Larry Roth Memorial, May 9, 1914 – November 22, 2005
11/16/2005 New Admission Agreement Rules, Effective 1/2/2006
11/11/2005 The 2006 CSRA and MMMNA standards have been announced. Click here to view the ACWDL #05-40
10/18/2005 CANHR files lawsuit against DHS for Failure to Investigate Complaints.
- Click here for the complaint. (pdf)
- Click here for the press release. (pdf)
10/07/2005 California Long-Term Care Residents Win New Rights!
09/14/2005 Nursing Homes Raise Private Rates to Keep Up with Medi-Cal
05/24/2005 State Drops "Emergency" Medi-Cal Regulations
11/22/2004 Lawsuit Against Trust Mills/Annuity Scams Announced
09/30/2004 Annuity Recovery Regulations Filed on Emergency Basis
07/07/2004 Senator Charles Grassley's letter to the U.S. Dept. of Health and Human Services