Articles Posted in San Diego Elder Abuse

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.”

Are you worried that an elderly loved one has been a victim of financial abuse? Each day, older adults become targets for financial scammers. Commentators are concerned that privacy laws are likely to protect some of these financial scammers, preventing elderly victims from seeking justice. According to Herb Weisbaum, “The Consumer Man” for NBC News, there’s a major disconnect in the financial world. “When,” he asks, “does the suspicion that an elderly customer is being defrauded overcome laws protecting privacy rights?” In an earlier post, we mentioned that banks might be “quiet enablers” of this kind of elder abuse.

Cash%20Stack%202%20Credit.jpg

The problem of elderly financial abuse occurs across the country, and California isn’t immune. Who is responsible for making sure that older adults aren’t taken advantage of financially? For many victims of elder financial abuse, the ramifications are just as vicious as physical nursing home abuse. If you suspect that your elderly parent or loved one has been the victim of a financial crime, it is important to contact an experienced elder justice advocate. With years of experience handling nursing home abuse and neglect cases in Southern California, the dedicated elder law attorneys at the Walton Law Firm can speak to you today about your claim.

Bank Employees in a Position to Help?

Earlier this month, Johnson & Johnson agreed to pay a settlement of more than $2.2 billion connected to “accusations that it improperly promoted the antipsychotic drug Risperdal to older adults,” according to a recent article in the New York Times. This resolution actually represents the third-largest pharmaceutical settlement in our country, and it’s one of the largest agreements in “a string of recent cases involving the marketing of antipsychotic and antiseizure drugs to older dementia patients.” The federal government is working to ensure that pharmaceutical companies are held liable for bad drugs and bad marketing.

Pills%20Credit.jpgThis 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 antipsychotic medications in nursing homes and assisted-living facilities across the state. Experienced California elder justice advocates have been handling cases involving the use of antipsychotic medications, and the dedicated lawyers at the Walton Law Firm can discuss your claim with you today.

What is Risperdal?

One of the rights addressed in the Nursing Home Residents’ Bill of Rights relates to the Quality of Life in the nursing home. An individual’s quality of life should not be diminished because he or she resides in a nursing home. Now, an individual’s opportunities to engage in all of the typical social activities in the community might decline because of health related issues, but the individual must still be permitted to engage in activities within the nursing home and community that he or she is medically and financially able to engage in.xmasinnursinghome.jpg

There are a couple of specific clauses addressing the quality of life in nursing home:

A resident must be allowed to choose and participate in activities that he or she likes provided that the activities are part of his or her plan of care. (HSC 1599.1(d): 42CFR 483.15(b)(1). Clearly the nursing home medical staff will have a say in which activities a resident participates in especially if the activities involve physical activity. The nursing home has a duty to care for the residents and ensure their safety so there is some limitation on activities. However, residents cannot be forced to engage in activities that they do not wish to engage in.

The Sacramento Business Journal reported today on a new website that the California Department of Insurance launched in order to help educate California seniors. The article highlights a few aspects of the new site called “Senior Gateway”, but once you visit the site, you see that it has a lot to offer to not only seniors, but their families, caregivers and representatives as well.

Here are a few bullet points outlined by the Sacramento Business Journal for what “Senior Gateway” offers:

*Avoiding and reporting abuse and neglect by in-home caregivers or in facilities

The recent sentencing of a former nursing home administrator from a Lake Isabella facility is sure to send shockwaves throughout the nursing home community. Channel 17 KGET news recently reported that Pamela Ott, a former nursing home administrator, was sentenced to three years probation and 300 hours of community service for the actions committed by lower ranking staff while under her watch and her subsequent lack of action to prevent further crimes. The news station reported that this is the first time in the country that an administrator was held criminally responsible for the administration of pyschotropic medications.

nursingabuse.jpeg

The facts of the case paint Ott not as someone committing criminal acts, but instead as someone who failed to respond to criminal actions. Because of Ott’s failure to act, eight residents of the home were seriously injured and three of those died. From August 2006 to August 2007, these eight residents were inappropriately medicated by lower ranking staff in order to keep them quiet and subdued. Ott failed to monitor the medicating practices of the staff and then later failed to investigate these incidents after they were reported to her. She received complaints about nursing director Gwen Hughes’ abusive actions at the home, but ignored those complaints and instructed the employees to follow the director’s instructions. Ott was told by staff members that residents were being “forcefully restrained and injected with medications” according to The Bakersfield Californian, but she failed to do anything about it. Ott plead no contest to a felony count of conspiracy to commit an act injurious to public health according to the report. Ott’s plea deal resulted in three years probation and 300 hours of community service. If she had fought the charges and had been convicted on all counts, she could have faced 20 years or more in prison.

Our San Diego Elder Law Attorneys point to this regretful situation as additional evidence that both residents of nursing homes and their family and friends need to keep a careful watch over the conditions within nursing homes and the actions of the staff. In this instance, employees of the nursing home were using abusive tactics involving restraints and medication in order to subdue and control the residents. The evidence presented showed that this behavior was reported, but the nursing home administrator failed to handle the complaints appropriately, leading to additional instances of abuse and the resulting mistreatment of the side effects of the abuse. Three residents died. Our Southern California nursing home abuse lawyers agree with the prosecution in making a resounding statement that this type of behavior should not go unpunished.

NBC San Diego recently did a story about the ProPublica online research tool that allows prospective nursing home residents and their families to investigate local nursing homes. As part of the story, two legal cases of nursing home abuse were profiled, including one from Walton Law Firm. Attorney Randy Walton, whom NBC San Diego describes as “an expert in nursing home abuse,” advises nursing home residents and their families to trust their “intuition”, and to be a “squeaky wheel” when necessary to ensure proper care.

The story can be watched here:

https://www.youtube.com/watch?v=AhtGRfxI8bQ

The U.S. Center for Medicare and Medicaid Services (CMS) compiles reports on nearly 15,000 nursing homes scattered throughout the U.S. The inspection reports cover nearly 118,000 deficiencies at those homes. Although the CMS publishes these reports online, it is an enormous amount of information to try and analyze for consumers and professionals alike. Enter Nursing Home Inspect. abuse.jpg

We’ve touched on it before, but it is such a helpful new tool that it’s worth reiterating.

Nursing Home Inspect is a new app whose search engine makes it easier for consumers to search the CMS reports and get a better picture of the instances of “deficiencies” at nursing homes throughout the country. These apps are a crucial way that local residents can be better informed when making decisions regarding nursing homes. Nursing Home Inspect’s search engine allows one to search across all of the reports available by keyword, city and specific nursing home names; options that the CMS web site does not offer.

Contact Information