A new data analysis reports that a colossal $65 billion in federal cuts will affect the nursing home sector over the next ten years. This staggering sum—calculated by Avalere Health—is a result of several different federal budgetary actions and regulatory changes made by Congress and the Centers for Medicare and Medicaid Services since 2009. Part of the reason for such drastic slashes in budgeting is that nursing homes, technically signified as “skilled nursing facilities” (SNFs), are the country’s second largest health facility employer, employing roughly 1.7 million Americans. Broken by The Sacramento Bee, the story projects $4 billion will be cut from 2013-2014.

Just behind Florida, California will be the second-most affected state from these massive SNF Medicare funding cuts. The Golden State is forecasted to lose $350 million. Now, many including the Alliance for Quality Nursing Home Care (AQNHC) are challenging these financial rollbacks, amid the already strenuous economic climate. AQNHC and others are arguing that such funding reductions will “undermine facility operations, disrupt staffing, and threaten seniors’ care amid the growing influx of older, higher acuity patients.” With the recent report from Operation Guardians, the environment of many California nursing homes is in sordid condition, and these cuts appear to be no help.

Here is an overview of the specific programs with their particular budgetary impacts:

The unfortunate reality is that financial abuse in nursing homes and elder facilities has affected thousands of innocent and vulnerable seniors. In fact, reports show that such citizens lost an astounding $2.9 billion in 2010, a 12% rise from years previous. This blog post aims to highlight certain information regarding elder and nursing home embezzlement—as well as protecting you and your loved ones from it.

Elder abuse can take many forms. In certain instances, some of the perpetrators are individuals who have no relationship with the elder—such as fraudulent telemarketers or identity thieves. Although such persons may have no affiliation with the elders or nursing home members, they still can easily swindle and coax them. Moreover, oftentimes it is the ones closest, such as caregivers or nursing home staff, who are the con artists. Being so close and so trusted, these people have easy access to financial records, credit cards, or even simple cash from the wallet. Also, some nursing home embezzlers have used their residences as a source of funding for miscellaneous desires, such as car or house payments, gym memberships, etc. Hence, financial elder abuse is nothing to be overlooked.

One of the largest determinates in elder financial abuse cases is solitude. The greater degree of seclusion, the more an individual is at risk. It creates an air of vulnerability for elders, as there are very few others able to recognize any symptoms or inaccuracies. Such solitude leaves residents as the ultimate and only decision makers, potentially causing he or she to miss certain financial “errors” or give authorization to terrible decisions. Furthermore, every individual needs companionship and, therefore, the lack thereof can lead to strong relationships with caregivers. In many cases, this is extremely healthy for residents; but in some instances, manipulation and unethical exploitation can occur. It is extremely important that there are family or friends available to reexamine financial records or statements. Spotting a certain oddity can save you or you loved one from losing thousands of dollars along with emotional damages. Thus, a secluded elder can very easily become an abused elder.

A recent study has found that California nursing homes are in poor conditions, according the Los Angeles Times. Conducted by Operation Guardians, a project of the Department of Justice, the review discovered widespread health and safety problems in the elder residences. Yet, the California Advocates for Nursing Home Reform (CANHR) were who demanded that these inspections be released to the public. The reports are from extensive investigation dating from January 2010 to March 2012, accumulating a number of nursing homes throughout the state. Even after countless measures to prevent the negligence and abuse, the report unearths a glaring lack of enforcement from the Department of Public Health (DPH).

The investigation portrays horrific details, including grimy bedrooms, showers, and kitchens, medicals inaccuracies leading to countless drug overdoses, the unauthorized administration of psychotropic drugs, and patients with untreated bed sores and infections. Beyond those, the report even told of elderly individuals lying in their own feces and urine. These nursing homes appear more like houses of horror than anything reminiscent of comfort and security. Furthermore, as seen so tragically often in elderly abuse cases, some of these nursing homes were submitting falsified medical records and fraudulently billing for services.

Normally, after Operation Guardians inspections were completed, evaluations of facilities’ quality of care and basic sanitation were filed. Each inspection generally generated two reports, one by the inspection team as a whole that assessed the general sanitation and care provided by the facility staff and a medical report written by a medical doctor who specializes in geriatrics.

A Californian doctor, Dr. Hoshang Pormir, was sentenced to probation for improperly medicating nursing home patients, resulting in three deaths. Pormir will serve three years probation for his faulty actions in the Lake Isabella facility.

Dr. Hoshang Pormir was a staff physician at the nursing home. State authorities contend that from August 2006 to August 2007 this doctor incorrectly drugged these elderly patients with anti-psychotropic medication; psychotropic drugs are psychiatric pharmaceuticals that alter chemical levels in the brain which impact mood and behavior. His reason for implementation: “To keep them quiet,” according to KBAK Fox News. Some of the nursing home residents were even forcibly injected. Finally after two years worth of investigation, local police arrested Pormir in February of 2009.

pills%20%282%29.jpgMoreover, three other individuals are facing charges for their own role in the elder abuse case. Each of these defendants—former director of nursing Gwen Hughes, former pharmacist Debbi Hayes, and hospital administrator Pamela Ott—worked for the nursing home facility in Lake Isabella. Officials say that Hughes, starting in 2006, allegedly ordered for patients to receive high doses of these psychotropic medications, particularly to Alzheimer’s or dementia suffering patients. The former nursing chief Hughes mandated that the medications be given to patients who argued with her, made noise or were otherwise disruptive; Pormir merely signed off on the orders after the drugs were administrated. Scheduled for October, she will face eight counts of harming or causing the death of an elderly adult and two counts of assault with a deadly weapon. As for Ott, she pleaded no contest last month to a conspiracy charge with here sentencing coming next month.

A Californian family was running a non-authorized elder residency in their own home. According to the Examiner, police found this house and its residents last week in a ghastly state.
foreclosure%20%28jay%20Santiago%29.jpgHaving run an unlicensed nursing home, members of this San Jose family now face felony charges for the neglect of a dozen mentally disabled adults. Authorities reported atrocious living conditions, including rotten food, no running water, and defecated floors from untrained dogs. Moreover, Santa Clara County police say that the elderly residents were malnourished, beaten, bathed only once a month, and forbidden to use toilet paper. This monstrous event is sadly one many nursing home abuse cases that California has seen in the past year.
As prosecutor Charles Huang stated, “These incredibly vulnerable people were treated worse than the animals that were rescued. We are hoping anyone else who has relatives in this home will contact us as soon as possible.”
In late May, the relatives of one of the male residents alerted local police when they were barred from visiting their loved one; instead, these so-called supervisors told the relative that he did not live there. Upon investigation, police were able to enter the home, finding locks on the refrigerator and uncleaned floors and countertops. They discovered the residence was in a repulsive and practically unlivable condition. Authorities swiftly removed the patients from the house into protective custody. In addition, an astounding twenty-five dogs were also taken by animal control. Most of the residents of the home suffer from schizophrenia and other severe disorders, officials say. These poor individuals confessed to investigators that they were kept in small rooms virtually all day. Also, they said that their clothes were washed once a month—on the day they were allowed to see a doctor.
Only to add insult to injury, the victims also reported that the five suspects sequestered their Social Security checks.

Last week, prosecutors filed charges against Kathy Le, 41, George Dac Nguyen, 72, Jennifer Ngo, 63, Charles Nguyen, 25, and Margaret Ngo, 27. This sordid collection of family is being charged with dependent adult abuse and animal neglect. They were arrested by San Jose police on Monday and are currently out on bail. The arraignment for these five suspects is scheduled for July 16. If convicted of all counts, they will face up to eighteen years in state prison.

Horrific cases like these are one of the many reasons that our San Diego nursing home abuse attorneys advocate to thoroughly examine and analyze potential nursing or rest homes. Search through multiple residences, visit such facilities, and reference outside or third party sources. Insuring that you or your loved one is guaranteed a secure and comforting environment is pivotal. Of course, San Diego nursing home abuse is nothing to waver on. If you feel that there is mistreatment in regards to you or anyone you know, do not hesitate to contact us. We have the experience and care to help you manage this arduous and painful process.

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Assistant Living Resident Died After Being Discarded to the Heat, Son Says

Nursing Home Employee Allegedly Swindled Over $100K from Elderly Resident

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sun%20%28Luz%20Adriana%20Villa%20A%29.jpgIn nursing homes, the inactions and neglect of those responsible can be equally harmful as overt acts and exploits. According to the L.A. Times, a lawsuit has been filed against a Valencia assisted-living center alleging that staff members egregiously disregarded 89 year-old resident, Loretta Hooker, abandoning her in the blistering California heat. Unresponsive upon her own son’s arrival, she was pronounced dead by emergency room doctors a mere hours later.

Hooker’s son Ronald Corn moved her into the facility in April 2010 due to her weak physical condition and progression of dementia. Sunrise Sterling Canyon Assisted Living was chosen because of its claims of being a center with security for those with Alzheimer’s and dementia. Therefore, Mr. Corn trusted putting his own mother into this facility, as she began needing greater aid with day-to-day tasks.

But in August of the following year, her son found his mother on the scorching patio—no shade, no assistance. Mr. Corn immediately took her, “weak and sweating profusely,” back inside. At the time, Loretta Hooker was unable to enter back into the facility. With no supervision, this woman was “in obvious discomfort.”

But a mere week later, Mr. Corn stumbled upon a very similar, yet deadly scene: His mother was again left in the blinding California sun with no assistance. Unresponsive, she was taken to the ER where doctors stated that she was in cardiac arrest. Doctors unsuccessfully attempted to lower her body temperature, but she was pronounced dead shortly thereafter. Doctors determined that the cause of death was cardiovascular disease and hyperthermia. Her existing cardiovascular problems were triggered when she was left in the heat.

The California Department of Social Services commenced an investigation into the matter and the facility. Although there was apparent rationale to believe that neglect had occurred, the Los Angeles County Sheriff’s Department stated that there was insufficient evidence to “charge anyone with a crime.” Our San Diego elder neglect attorneys often explain how even though criminal charges are rarely filed in these cases, civil suits are often appropriate.

Less than two weeks ago, Ronald Corn filed a lawsuit accusing Sunrise Sterling of elder abuse, neglect, and wrongful death. Furthermore, it seeks damages including medical and funeral expenses, and “general damages for pain and suffering.” The nursing home neglect suit states that Loretta Hooker’s body temperature was an astounding 103.3 degrees when she was pronounced dead.

Like many nursing home abuse cases, Loretta Hooker’s situation was a recurring nightmare. As earlier mentioned, Mr. Corn found his mother in parallel circumstances only a week before her death; who knows if Hooker had been left out in that heat more than just twice. The son’s attorney summarizes why this cruel problem happens, saying, “This case is all about the tragedy that occurs when elder care facilities put profits over their sacred responsibility to do everything possible to protect and enhance the lives of the people entrusted to their care.”

The monster that is nursing home abuse can come in many forms: physical acts, profit-chasing, or, as seen here, obvious negligence. Yet, in whatever shape it occurs, it should never be tolerated. Protect yourself and protect your loved ones; if you are afraid of nursing home abuse in your own lives, please consider contacting our San Diego elderly abuse attorneys. These experienced lawyers can help you navigate through your potential options and bring a sense of security back into your lives.

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Nursing Home Employee Allegedly Swindled Over $100K from Elderly Resident

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The San Diego nursing home abuse attorneys at our firm understand the many ways that seniors can be taken advantage of in long-term care facilities. Physical abuse, neglect, sexual assault, and even financial exploitation often strike at these homes.

tax%20calculator%20%28Dave%20Dugdale%29.jpgFor example, a 31 year-old staff member of the Maple Glen Center, a nursing home community located in Maywood, New Jersey, faces up to fifteen charges for conning an elderly resident. As reported by Fair Lawn Patch, Maple Glen employee Kye Giacalone was charged on June 15 with theft of entrusted funds, theft by deception, and four counts of theft by credit card. Though as details leaked out, the initially estimated $29,000 of allegedly embezzled funds continued to rise. Giacalone, the nursing home’s admissions director, supposedly made credit card purchases exceeding an astounding $100,000. Maywood Police announced Friday, June 22 that nine new charges would be added, including four counts of impersonating another and one count of second-degree theft; by New Jersey law, amounts surpassing $75,000 constitute second-degree theft charges.

The resident of Lodi allegedly befriended the 82-year-old nursing home victim, eventually gaining access to his bank account. Authorities say that, in September of 2010, Kye Giacalone acquired the Power of Attorney. This privilege gives one or more individuals the power to act on behalf of another; the Power of Attorney may be limited to a specific activity or general in its application. Regardless of its nature, Giacolone supposedly exploited this newfound entitlement by opening credit cards in the man’s name. Even after the unknowing victim moved from Maple Glen Center into another nursing home, she continued to purchase personal items with the credit cards.

Citing privacy laws, the nursing home’s acting administrator declined to release much information regarding Kye Giacalone’s tenure at Maple Glen. Furthermore, Harrison stated that she did not regularly have direct contact with the nursing home residents. Though supposedly all Maple Glen Center employees are subject to a background check. It appears that the director held no knowledge of these wrongdoings before the authorities came to the center on June 15 to arrest Giacalone.
“We weren’t aware of any of this,” the director said. “When we found out, we suspended her immediately and launched our own investigation.”

A family friend of the victim notified police after recognizing abnormalities in the man’s bank account, Maywood Detective Sgt. Mark Gillies said. Sgt. Gillies also asserted that he was unaware whether the bank accounts of any other Maple Glen Center residents had been jeopardized. Yet, the Maywood Police Department advised residents who had regular contact with Giacalone to evaluate and examine their own finances, as additional irregularities may arise. Giacalone is currently being held at Bergen County Jail with the bail for the nine new charges set at $75,000.

Even a single case of nursing home abuse is one too many. Our San Diego elderly abuse lawyer understands and advocates awareness of nursing home maltreatment. This most recent case is a reminder that it is important to continually analyze the financial statements and accounts of the elders. Furthermore, families and friends should be cognizant of the power and sway nursing employees hold over their residents. Many caregivers have enriched the lives of elders, but as seen here: that is not always the case.

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Two Elderly Men Repeatedly Abused at Assisted Living Home

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A news report in The Star-Ledger again highlights the danger of abuse against elders suffering from Alzheimer’s disease or dementia. Two residents at an assisted living home in New Jersey filed a lawsuit last week based on injuries they sustained in 2010 due to suspected abuse. Though only two residents filed suit, a total of four residents were taken to local hospitals around the same time period because of alleged abuse. The two victims were Henry Glowacki, 92, and Robert Prochazka, 89. Both men alleged facility staff repeatedly and extensively beat them, and photos of the men depict old and fresh bruises across the men’s torsos, arms, and stomachs.

After the local prosecutor’s office conducted a criminal investigation (no criminal charges have been filed), the families of the victims contacted an elder abuse attorney and filed a civil suit. In December 2010, just a few days before Christmas, local police were called to the assisted living facility after the director of operations told authorities four residents appeared to have been badly abused. According to police, the two men directly responsible for the victims’ care were placed on administrative leave.

A care manager first discovered the bruising and alleged abuse five days prior to police involvement. While cleaning the older of the two men, Mr. Glowacki, the care manager noted that the elderly man refused to sit down because he was in too much pain due to injuries on his buttocks. Although the care manager documented the bruises, the assisted living facility failed to investigate the report. The state Department of Health and Senior Services later cited the home for this violation. The other victim, Mr. Prochazka, also suffered from extensive bruising and sustained fractures to his ribs and one of his fingers.

wheelchairs%20%28Daquella%20amnera%29.jpgThe two victims are still living at the facility where they suffered the abuse. According to the article, the families felt their fathers would be safer there because state officials are closely watching the home. At a new assisted living facility, they worried, abuse might occur again.

Unfortunately, at many facilities where abuse occurs, prior abuse has been reported. That is why our San Diego County nursing home abuse lawyers recommend thoroughly researching a home before admitting a loved one. More importantly, it is crucial to visit various facilities to compare them, meet the staff and administrators, and assess their safety and cleanliness.

For example, the company that runs the facility where Mr. Glowacki and Mr. Prochazka were abused has been accused of wrongdoing in the past. A facility in another state had its license revoked (later reinstated) when a hidden camera showed employees taunting and assaulting a woman suffering from dementia. The company has also been investigated for financial reporting fraud, but settled that suit in 2010.

Sadly, elder abuse occurs all too often. Our experienced San Diego and San Bernardino negligence lawyers have handled numerous cases against nursing homes and assisted living facilities involving elder abuse and neglect. If you are concerned about a loved one, please consult us for a free and confidential consultation today.

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Nurse Arrested for Stealing Elderly Patient’s Medication

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A nurse has pled guilty to drugging her Alzheimer’s patients for no apparent reason other than to keep them quiet during her work shifts, reports The Herald Sun. Sadly, the nurse’s illegal, unethical, and unprofessional behavior led to one elderly patient’s tragic death. The elderly woman, Rachel Holliday, 84, died of pneumonia brought about by morphine toxicity. Six other patients also were hospitalized due to the nurse’s wrongful actions.

The nurse, Angela Almore, plead guilty to involuntary manslaughter and six counts of patient abuse. Though she sobbed throughout the hearing, she did not speak specifically about her crimes or apologize for her actions. Almore, who is a registered nurse, was working in the Alzheimer’s unit on February 13 and 14, 2010. According to the district attorney’s office, she made statements indicating she did not want to see her patients on those nights and that she had given them something to “relax.” She even bragged “‘she [had] knocked all their asses out.’”

In fact, the nurse had drugged her patients with strong opiates. All 14 patients in the unit tested positive for opiates, but only 1 of them had been prescribed morphine. One elderly woman, Rachel Holliday, went into acute respiratory distress on the night of February 14th. She, too, tested positive for opiates, though she had never been prescribed the drug. Several other patients in the Alzheimer’s unit exhibited signs of respiratory problems and lethargy. All of them tested positive for opiates; none of them had prescriptions for the powerful drugs. Ms. Holliday and her fellow residents were rushed to the hospital, but for Ms. Holliday, it was too late. She died from complications created by the un-prescribed morphine.

The San Diego Sheriff’s Department has issued warnings to elderly residents about two recent telephone scams that may be targeting seniors, reports the San Diego Union-Times. Those of us working in San Diego elder abuse law know that financial abusers frequently seek out seniors. According to the California Department of Finance, our state has nearly 4 million residents over the age of 65, the biggest senior population in the country. The Department expects that California’s senior population will double in the next 20 years, likely due to the high number of aging baby boomers. As the state’s senior population grows, our San Diego County elder abuse attorneys realize more and more unscrupulous financial predators may step up their efforts to defraud elderly residents. justice.jpg

Common Scams

The first scam was discovered when a suspect allegedly called the Sheriff’s Department himself, apparently tipping the police off. The suspect asked deputies to check on a woman he claimed was a relative living in San Diego County. When deputies visited the woman’s home, she told police she did not know the caller claiming to be her relative. She also reported to police that she has been a victim of financial abuse previously. A scammer had conned her into wiring money by pretending to be a relative who was overseas and in trouble—a common scheme used to target elders that we discussed in a prior post. San Diego police believe someone working with the scammer made the strange call to the precinct, perhaps as a way to re-contact the woman.

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