Southern California Nursing Home Abuse Lawyer Blog
Profiting from Bad Hospice Ethics
Last week, we discussed a recent phenomenon in the hospice care industry that’s quickly becoming an elder abuse concern. Specifically, hospice—a form of care designed to allow “patients to die at home or in other familiar surroundings,” according to an article in the Washington Post—has turned into a financially lucrative business. But is it an ethical one? Are hospice companies acting outside the boundaries of the law? And is it possible to take legal action against hospice chains that recruit patients who aren’t suffering from a terminal illness?
First, it’s important to have a clear idea about why hospices are bringing in relatively healthy older adults, and how these companies are profiting from non-terminal patients. How did this start to happen? In short, many hospice care centers have begun recruiting patients with aggressive marketing tactics, and many of those patients aren’t terminal. It’s in the financial interest of a hospice chain to “find patients well before death,” the Washington Post reported. And the reason is simple: “Medicare pays a hospice about $150 a day per patient for routine care, regardless of whether the company sends a nurse or any other worker out that day. That means healthier patients, who generally need less help and live longer, yield more profits.”
When we think about transitioning an elderly loved one into a nursing home or an assisted-living facility, we expect that the facility will provide care and won’t engage in acts of nursing home abuse or neglect. However, 
It’s no secret that 
This news is only the latest in many reports concerning elderly dementia patients and the varied problems of antipsychotic drugs. Indeed, the California Department of Public Health and the Department of Health Care Services have been working to reduce the “off-label” use of 
Many states have been tightening their oversight of home care agencies over the past several years, due to a general sense of inadequacy in the services provided by these companies. And now, California has joined that group. According to an article in the New York Times, “California has become the latest state to tighten oversight of home agencies that provide custodial care—help with bathing, dressing, toileting and other basic tasks—to older adults and people with disabilities.”
A recent article in U-T San Diego reported that many seniors are able to remain in their homes, even when they require specialized care. Indeed, according to the U-T San Diego article, in-home health care can actually “serve as a less expensive and more personalized alternative to residential care facilities for seniors.”
While many assisted living facilities in California may be providing appropriate care and abiding by the law, many of these homes continue to expose their residents to serious cases of abuse and neglect. If you have an elderly loved one who resides in a nursing facility, it’s important to make sure that your loved one receives the best care possible. If you’re concerned about nursing home abuse or neglect, don’t hesitate to contact an 
After realizing that many incidents of abuse and neglect go unreported, or worse, unrecognized by the state as events that should incite criminal prosecution, the Murphy and Selder began contacting state prosecutors. They provided examples of the nursing home abuse they uncovered and urged prosecutors to bring charges against some of these facilities.
