Articles Posted in Nursing Home Abuse and Neglect

Elder abuse is much too common across the country, and nursing homes and assisted-living facilities in California have proven particularly prominent offenders of nursing home abuse and neglect.  What do we need to prevent elder abuse in our state?  Many elder rights supporters believe that policy changes might help, and a recent grant aims to help with this kind of advocacy work.

Southern California file0001159645301Center Receives Advocacy Grant

According to a recent news release from the University of Southern California, the Keck School of Medicine became the sole grant recipient to fund the National Center on Elder Abuse (NCEA).  The NCEA is, according to the article, “a vital clearinghouse created by the Administration on Aging,” which is part of the U.S. Department of Health and Human Services.

Changes are on the way for nursing homes and California assisted living facilities.  In the midst of shifts to the law, victims of nursing home abuse are filing a class action lawsuit against the owner of 57 skilled nursing facilities in the state, according to an article from Courthouse News Service.  The owner, Schlomo Rechnitz, owns more facilities in the state than any other, with nurfile451297827287 (1)sing homes in nine different California cities, according to a recent report in the Long Beach Press-Telegram.  Rechnitz’s facilities are accused of “chronic understaffing” with allegations of “Actual or suspected abuse or neglect.”

Details of the Class Action Lawsuit

The lawsuit was filed after several years of investigation into the practices at many of Rechnitz’s facilities.  Rechnitz owns Brius Management and Brius LLC, and he owns nursing homes in Inglewood, Los Angeles, Norwalk, Pasadena, San Gabriel, and several other California cities.

New Bill Raises Penalties for ElderSacramento_Capitol Abuse and Neglect

Is the state of California taking seriously the problems with nursing home abuse and elder neglect at assisted-living facilities?  According to a recent article in UT San Diego, Governor Jerry Brown just signed into law a bill that will impose “a 100-fold increase in the top fine for violations of state regulations at assisted-living homes for the elderly.”  Before Governor Brown signed the bill, the highest fine for a violation that results in the death of a resident was only $150.  Now, the top fine rose drastically to $15,000.

Fines for elder abuse and neglect resulting in the death of an older adult are not the only penalty increases.  To be sure, the bill will also raise the maximum fine for “violations leading to serious injury or abuse from $150 to $10,000.”  And the new law will not just apply to assisted-living facilities, as was originally proposed in the bill co-authored by Assemblyman Brian Maienschein of San Diego.  It will “apply to all community care facilities in the state.”

Are nursing homes in California abiding by federal regulations for reporting allegations of elder abuse or neglect?  According to a recent report released by the Office of the Inspector General for the Department of Health and Human Services (HHS), not all facilities are reporting incidents of nursing home abuse.

Reporting Requirements and IncrHHSeasing Rates of Elder Abuse

The HHS report emphasized that about five million elderly Americans (or ten percent of the elderly population) sustain injuries from physical abuse, neglect, and financial exploitation.  However, these crimes are not always reported.

Nursing homes in California should take note of the negative publicity surrounding elder abuse and assisted-living facilities in our state.  A recent article in the Santa Cruz Sentinel described serious nursing home abuse allegations that point to fraudulent Medicare claims and poor patient treatment.  In Watsonville, located in Santa Cruz County, the owners of two nursing homes are facing a lawsuit.  According to the report, federal prosecutors sued the owners “allegiDSC08554-bng that leaders made fraudulent Medicare claims” and “persistently and severely overmedicated elderly and vulnerable residents.”

Overmedication and Fraud Allegations

The two nursing homes at issue are Country Villa Watsonville Easy Nursing Center and Country Villa Watsonville West Nursing Center, both in Santa Cruz County.  The owners have been linked to serious crimes connected to nursing home abuse and neglect.

History of the Star Rating System

A recent New York Times article discussed the danger of trusting the Medicare star rating system, providing as an example a five-star nursing home facility in California with a history of elder neglect violations. Last week, we discussed the star rating system and the Rosewood nursing home in the Sacramento area. In sum, the rating system is not helping consucohdranknmomprknsnsmers in the way it claims. How did this rating system rise to prominence, and why are so many Americans willing to trust it without additional investigation?

According to the article, the five-star rating system began in 2007, when Oregon Senator Ron Wyden posed the following question at a congressional hearing: why is it easier to shop for washing machines than to select a nursing home? Two years later, Medicare officials developed the  star rating system, “a move that was applauded by consumer groups, who hope that more transparency would lead to greater accountability.”

Five-Star Nursing Homes May Not the Best Indicator of Care

Are Medicare star ratings good predictors for the quality of care at nursing homes?  According to a recent article in the New York Times, a facility with a five-star rating may not be what one would expect.  In fact, many five-star facilities have receiIMG_29490008ved fines for injuries related to nursing home neglect.

Rosewood Post-Acute Rehab, a nursing home located in a Sacramento suburb, received a five-star rating from Medicare.  The nursing home “bears all the touches of a luxury hotel, including high ceilings, leather club chairs, and paintings of bucolic landscapes.”  According to the article, getting a five-star rating—the highest possible—is not easy.  Only about one-fifth of all nursing home in the U.S., about 3,000 total, hold this distinction.

Many of us have heard about assisted living facility reforms pending before the California legislature, as well as those aimed specifically at residential care facilities for the elderly (RCFEs).  But are those reforms sufficient to ensure that California seniors are safe from elder abuse?  According to a recent story from KQED’s State of Health, many elder justice advocates in California do not believe the reforms are going to do enough.

Recent History of Elder Abuse in San Diego

According to Deborah Schoch, an advocate with the California HealthCare Foundation Center for Health Reporting, the number of assisting living facilities in our state essentially doubled over the last 25 years.  For whom are these faciwoman-65675_1280lities designed?  According to Schoch, they are intended for older, healthy adults who are “relatively independent.” Yet many of these facilities have taken in patients who require much more extensive levels of care, and assisted living facilities “are not designed to deliver skilled nursing care.”

A Booming Hospice Industry in America

Did you know that about half of all Medicare patients who die “will do so as a hospice patient”?  According to a recent article in the Huffington Post, just ten years ago only about 25 percent of all Medicare patients died in hospice care.  Now, in the mid-2010s, that number has doubled.  And it affects Medicare spending, too.  Indeed, in 2014, Medicare is likely to spend about $15 billion on hospice care alone, according to the Medicare Payment Advisory Commission.  That number has risen dramatically from the year 2000, when that cost was under $4 billion annually.

Yet, despite the fact that hospice care costs billions of dollars each year, the government doesn’t put an equivalent effort into hospice regulation, according to the article.  To be sure, a recent investigation discovered that “the average hospice hasn’t been certified—meaning fully inspected—in 3 ½ years.”  And some American hospice facilities, 759 to be exact, haven’t received certifications “in more than six years.”  Keep in mind that, under federal law, nursing homes must be inspected much more frequently—every 15 months—and incidents of nursing home abuse and neglect occur nonetheless.  What does this mean for the well-being of patients in hospices that haven’t been inspected recently?

Global and Local Awareness About Aging and Elder Abuse

Old Guy
Earlier this month, San Diego County’s Aging Summit, which focused on Alzheimer’s disease and caregiving issues, occurred just as the National Center on Elder Abuse (NCEA) and the Administration on Aging launched the eighth “World Elder Abuse Awareness Day.”  The two projects represent both global and local initiatives to educate family members, caregivers, and the public generally about important issues that older adults face today, as well as the prevalence and risk factors for elder abuse.

Nursing home abuse and neglect is an important issue in California, particularly as we await potential changes to the law surrounding residential care facilities for the elderly (RCFEs).  At the same time, however, elder abuse is a nationwide—and indeed, a worldwide—concern that affects us all.  If you have questions about how you can help an older adult who has sustained injuries because of elder abuse, don’t hesitate to speak to an experienced San Diego elder justice advocate.

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