In this Issue
- DPH Introduces Horrible Bill Threatening Nursing Home Residents
- New York Times Calls for Ban on Nursing Home Arbitration Agreements
- Department of Public Health Denies Ownership Applications by California’s Largest Nursing Home Operator
- Webinar Series for Social Workers, Discharge Planners, and Other Professionals Working With Elders in the Community
DPH Introduces Horrible Bill Threatening Nursing Home Residents
Using a late-hour legislative maneuver called “gut and amend,” the California Department of Public Health (DPH) has introduced SB 503 (Hernandez), a bill that would permit nursing homes to chemically restrain and make end-of-life decisions for residents alleged to be incapacitated. The Alameda County Superior Court recently found the law on which SB 503 is based to be unconstitutional. Rather than re-write the law to comply with the constitutional rights of nursing home residents, DPH is doubling down on its illegal features, expanding the law’s scope to include dangerous chemical restraints and irreversible end-of-life decisions. The bill radically shifts American law by forcing the residents whose rights are being violated to go to court rather than the nursing homes that are pushing intrusive, involuntary “care.”
For more information and to help stop this horrible bill, click here.
Please send letters of opposition by
August 3rd 12:00 Noon to:
Assembly Member Jim Wood
Chair, Assembly Health Committee
State Capitol, Room 6005
Sacramento, CA 95814
FAX: (916) 319-2197
New York Times Calls for Ban on Nursing Home Arbitration Agreements
On July 25, 2016, the New York Times published a powerful editorial urging the federal government to ban nursing home use of pre-dispute arbitration agreements. According to the Times “corporations of all sorts love forced arbitration because it overwhelmingly tilts in their favor and shields them from liability. But in the process, it denies justice to consumers, investors, patients and others who find they have no legal recourse when wronged.” The Times reports that arbitration is especially unfair to victims of abuse or neglect in nursing homes, who are asked to waive their rights at admission, a very stressful time for residents and before any dispute has arisen.The Times’ message was aimed at the Centers for Medicare and Medicaid Services (CMS), the federal agency that regulates nursing homes. In 2015, CMS published proposed changes to federal nursing home regulations that would make significant changes to requirements that have been in place for 25 years. Along with other advocacy organizations, CANHR has urged CMS to include a ban on pre-dispute arbitration agreements in the final regulations and to adopt other reforms that would strengthen residents’ rights and care standards. The Times reported that CMS is expected to issue its final regulations in September.
Department of Public Health Denies Ownership Applications by California’s Largest Nursing Home Operator
On July 8, 2016, the California Department of Public Health (DPH) denied applications submitted by Shlomo Rechnitz that sought licenses to operate five nursing facilities. Mr. Rechnitz – who has been identified as California’s largest nursing home operator – was acquiring the nursing homes from Windsor, another nursing home chain headquartered in California. The applications had been pending since February 2015.
Understanding the New Medi-Cal Recovery Laws Webinar
Date: September 6, 2016 – 12:00pm -1:00pm
This webinar will review the new provisions effective January 1, 2017:
- Whose estate can be subject to recovery?
- What is and is not included in “estate” for the purposes of recovery?
- Do spouses need to worry about recovery anymore?
- What is a homestead of modest value in California?
These, as well as other questions will be answered.
- CEUs for SWAP and MCLE for Legal Services and Private Bar – 1 hour credit
- $25 for private bar attorneys, Social Workers, Discharge Planners, etc.
- Free to qualified legal services staff (must be a staff member of an IOLTA agency) Click here to see listing of qualified IOLTA agencies
CANHR will be hosting an information booth at the following events:
Assemblymember Kevin Mullin Resource Fair
Date: Friday, August 5th 2016 from 9:00am – 11:00am
Location: San Mateo Senior Center – 2645 Alameda de las Pulgas, San Mateo, CA 94403
Phone: (650) 349-2200
Congresswoman Linda Sanchez 14th Annual Senior Fair
Date: Friday, August 12, 2016 from 9:00am – 12:00pm
Location: Cerritos College Student Center, 11190 Alondra Blvd. Norwalk, CA 90650
Phone: (562) 860-5050
Twenty-second Annual Super Senior Saturday
Date: Saturday, August 20, 2016 from 9:00am – 1:00pm
Location: Buena Park Senior Activity Center – 8150 Knott Ave. Buena Park, CA 90620
Phone: (714) 236-3870
Our Advocates are here to assist you and answer your questions regarding:
- Counseling on Care Options
- Medi-Cal Eligibility and Recovery
- Resident Rights and Quality of Care Issues