Nursing home residents have clearly defined rights when it comes to being transferred or discharged from a nursing facility, and may be evicted or moved under certain circumstances. Under California law, a nursing home may discharge or transfer a resident only if:
| This list contains the issuance of citations to Southern California nursing facilities by the California Department of Public Health over the last six months. All the citations listed are issued for reasons related to patient care. For verification of the citation, please contact the local department office or Walton Law Firm LLP. |
| <font size='2'Facility | Date | Citation |
| Los Angeles County | ||
| Alden Terrace Convalescent Hosp. | 04/09/08 | Class B |
| Chandler Convalescent | 02/13/08 | Class A |
| Chatsworth Park Care Center | 03/13/08 | Class B |
| Country Villa Park Marino | 01/28/08 | Class B(3) |
| Country Villa Pavilion Nursing | 03/19/08 | Class B |
| Ember Health Care | 01/31/08 | Class AA |
| Gardena Convalescent Hosp. | 02/05/08 | Class B |
| Heritage Manor | 03/07/08 | Class B |
| Imperial Convalescent | 03/27/08 | Class B |
| Lancaster Health Care Center | 02/13/08 | Class A |
| Oceanview Convalescent | 02/20/08 | Class B |
| Royal Oaks Care Center | 12/11/07 | Class B |
| Sophia Lyn Convalescent | 04/14/08 | Class B |
| St. John of God Retirement | 02/27/08 | Class B |
| Studio City Rehabilitation | 04/02/08 | Class A |
| Sunnyview Care Center | 04/29/08 | Class B |
| Tarzana Health and Rehab. | 02/13/08 | Class A |
| Whittier Hills Health Care Center | 01/07/08 | Class B |
| Windsor Palms Care Center of Artesia | 04/15/08 | Class B |
| Orange County | ||
| Country Villa Plaza Convalescent | 03/12/08 | Class B |
| Fountain Care Center | 03/13/08 | Class B |
| Newport Subacute Healthcare | 02/06/08 | Class A |
| Palm Terrace Healthcare & Rehab Center | 02/01/08 | Class AA |
| Park Regency Care Center | 04/11/08 | Class B |
| San Bernardino County Elder Abuse | ||
| Cherry Valley Healthcare | 02/14/08 | Class B |
| Country Villa Rancho Mirage | 02/05/08 | Class A(2) |
| Cypress Gardens Rehabilitation | 03/20/08 | Class A |
| The Springs At The Carlotta | 03/21/08 | Class AA |
| San Diego County | ||
| Children’s Convalescent Hospital | 02/21/08 | Class B |
| Edgemoor Geriatric Hospital | 05/09/08 | Class B |
| Point Loma Convalescent Hosp. | 03/10/08 | Class B |
| Ventura County | ||
| Brighton Gardens of Camirillo. | 4/16/08. | Class B |
Class AA: The most serious violation, AA citations are issued when a resident death has occurred in such a way that it has been directly and officially attributed to the responsibility of the facility, and carry fines of $25,000 to $100,000.
Class A: Class A citations are issued when violations present imminent danger to patients or the substantial probability of death or serious harm, and carry fines from $2,000 to $20,000.
Class B: Class B citations carry fines from $100 to $1000 and are issued for violations which have a direct or immediate relationship to health, safety, or security, but do not qualify as A or AA citations.
Yesterday the Bush Administration announced that it will create a nursing home rating system by the end of the year. The criteria for ratings has not yet been established, but will likely be a combination of state and federal inspection reports, staffing reports, and resident and family satisfaction surveys. The ratings would be placed on a government website.
“The fact a home has a lower rating will likely put them on the path to improvement,” said Kerry Weems, acting administrator for the Centers for Medicare and Medicaid Services. “I don’t think we’re going to see many people who are very anxious to put a loved one in a one-star home.”
Those looking for information about California nursing homes already have a few options when looking at prospective homes. The California Advocates for Nursing Home Reform have a nursing home guide resource, and the California Healthcare Foundation has its own rating system. Both use the government surveys and staffing reports as a basis for the rankings, so the accuracy of the ratings is based primarily on the government’s information, which can be notoriously unreliable.
A nursing home in Anaheim has received a $50,000 fine in the choking death of a resident. The resident, a brain injured man in his forties who had swallowing difficulty, choked on a piece of burrito.
According to reports, a caregiver was preparing the man’s meal at Parkview Healthcare Center when he reached for the burrito and put it in his mouth. When he began choking, the Heimlich maneuver was attempted but failed. Caregivers were then instructed to begin CPR, but before doing so, looked in the resident’s file to determine to see of there was a DNR (do not resuscitate) order. There was.
A doubtful nursing then called the man’s sister, telling her “your bother is turning black, do you want him revived?” When the sister responded “yes.” The DNR order was wrong. CPR was started. The man was pronounced dead approximately 30 minutes later. The fine was issued due to the nursing facility’s failure to provide “prompt emergency medical care” as requested by the resident.
The son of Maria Cobian, the elderly woman who was hit by a car and killed when she wandered away from her nursing home, has filed a wrongful death lawsuit in Vista Superior Court.
The lawsuit alleges that Palomar Heights Continuing Care Center in Escondido negligently failed to supervise Ms. Cobian, and to ensure the safety of 94-year-old resident, who also suffered from dementia. Ms. Cobian was only a few hundred yards away from the nursing facility when she walked into traffic and was struck by a car. The company of the car that hit Cobian was also named in the lawsuit.
Despite her alleged documented history of trying to leave the facility, and the nursing home’s failure to prevent it, it doesn’t appear that there are allegations of elder neglect under the Elder Abuse and Dependent Adult Civil Protection Act against the facility, which allows for enhanced damages against nursing homes, including pre-death pain and suffering, when certain burdens of proof are met.
The California Advocates for Nursing Home Reform has issued its 2007 Nursing Home Citation Report. CANHR has prepared a citation summary, including the name of the nursing facility, the date, the level of citation, and a brief summary of the facts that led up to the citation. There is also an instructional key to help readers understand how the individual nursing home citations summaries are displayed. The report, which is broken down by California counties, can be found here. (.pdf)
In summary, a total of 651 citations were issued against nursing homes in California by the Department of Public Health in the year 2007, 22 of which were Class AA citations (violations caused a death), and 122 were Class A (violations present imminent danger and a substantial probability of death).
Every skilled nursing facility in California is licensed and regulated by the California Department of Public Health. Through its Licensing and Certification Division, the Department of Public Health is responsible for overseeing nursing homes throughout the state. This oversight includes conducting routine inspections, investigating complaints, and enforcing state and federal regulations designed to protect some of California’s most vulnerable residents.
The Department of Public Health plays a central role in nursing home accountability. Its responsibilities include:
California Nursing Home Abuse Lawyer Blog