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. 

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. 

Nursing facilities cannot force residents to buy medications from a specific pharmacy.

  • California Health & Safety Code §1320 states that nursing facilities “shall not require patients to purchase drugs, or rent or purchase medical supplies or equipment, from any particular pharmacy or other source.”
  • §1569.314 is the equivalent law for residential care facilities for the elderly (RCFE’s).

When determining share of cost, can I count my insurance and Medicare premiums as a deduction?

Dear Advocate:

My wife is in a nursing home and we have submitted an application for Long Term Care Medical. I have been told by Medi-Cal that I am considered the community spouse and that California law allows me to retain a minimum monthly maintenance needs allowance (MMMNA) of $2,898.

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.

September 2013

In This Issue

CANHR Releases White Paper on Assisted Living: Unsafe, Unregulated, & Unaccountable

CANHR has just issued a new white paper on the state of assisted living oversight in California.