The new law being enforced in Napa County will now require in-home elderly care attendants to obtain a county permit before entering the home.

“In-home care is one of the five hottest jobs” said Kristi Lesnewich of the Napa County Commission on Aging said at a news conference. “But there’s no oversight, and convicted felons can do it — except not in Napa County anymore.”

The local law requires those seeking money, room or board for caregiving (including relatives) to submit to a background check and pay a small fee every year to continue the checks.  Registered nurses and other licensed healthcare workers are exempt from this requirement because they already have to submit to background checks to obtain their licenses.

To read the full article, click here:  Caregiver Law in Napa is First in California

At the Brandi Law Firm, we see our elderly get physically and financially abused at an alarming rate.  Often the family is the last to know, after the damage is done.  We applaud Napa County’s efforts to institute background checks and hope that other counties, or the state as a whole, follow Napa’s example.

If you or a loved one has been the victim of elder abuse, click here to find out more about The Brandi Law Firm Elder Abuse Attorneys.

On March 2, 2011, three employees of Idylwood Care Center were arrested on suspicion of elder abuse.  One employee was charged with grabbing a resident’s genitalia, and two others were charged with knowing of this despicable act and failing to do anything about it.

Please click here to read more about the facts of this alleged abuse and the charges filed against the workers: Sunnyvale:  Three Nursing Home Workers Charged with Elder Abuse.

In our experience, elder abuse in nursing homes and residential care facilities occurs more often than we are aware.  Arrests, such as the one in Sunnyvale, are far and few between.  More often, the events that amount to elder abuse are minimized by the facility and law enforcement is rarely involved.

A few years ago, we pursued an action in Northern California where a 98 year-old Alzheimer’s patient was left outside overnight.  Records of the facility showed that the employees knew she was missing from her bed, but they failed to find her, even though she was on their back patio in her wheelchair.  When she was found the next morning, her body temperature had dipped to 93 degrees, she suffered from hyperthermia, and she passed away 3 weeks later.

In the above instance, the woman that was suspected of leaving the resident outside was arrested, charged, and convicted of criminal negligence.  Surprisingly, this case was the only time in any of our elder abuse actions where an employee was even arrested.

It is up to us, families of our elders, to ensure that the facility in which they live provides excellent and lacks a history of violations.  Unfortunately, visiting these homes does not provide enough information.  Luckily, there are some excellent resources that may shed light on a particular facility you may be considering for your family member.

California

California Advocates for Nursing Home Reform (www.canhr.org).
Nursing Home Guide (www.nursinghomeguide.org).
California Nursing Home Information & Registry – (www.memberofthefamily.net)
California Nursing Home Search (www.calnhs.org)
Department of Health Services, Licensing & Certification Division – (www.dhs.ca.gov)
Community Care Licensing (RCFE’s) (www.ccld.ca.gov)

National

National Center on Elder Abuse (www.elderabusecenter.org)
Nursing Home Compare (www.medicare.gov/NHCompare)
National Citizens’ Coalition for Nursing Home Reform (www.nursinghomeaction.org)
Residential Care Guide (www.residentialcareguide.org)

If you believe that a loved one may be a victim of elder or dependent adult abuse, click here to learn more about Brandi Law Firm Elder Abuse Attorneys.

Do you have to make a decision for a parent or spouse regarding a nursing home?

It is very difficult to get information that you can trust.  Talking with other families will often help, but interviewing the facility does not often lead to full disclosure regarding prior incidents, claims, or whether the facility has liability insurance.

Starting January 1, 2011 there are other sources available.

Nursing Home Ratings

As of January 1, 2011 all California nursing homes are required to post the ratings they received under the U.S. Centers for Medicare and Medicaid Services’ five-star system at their facilities.  (Nursing homes must post ratings under new law, VCStar,) December 30, 2010).  In addition, the facilities are required to post information explaining what the ratings mean and how people can get information about a facility’s state licensing record.  The system looks at three different criteria to determine home’s rating: (1) health inspections; (2) staffing numbers; and (3) quality measures.  A five star rating means “much beyond average” in terms of the overall quality of care it provides, and a one star rating means that the quality of care offered is considered “much below average.”

The aim of the California law is to make sure that patients, prospective residents, and families know what rating a nursing facility has been given.

Of  California’s  over 1,000 federally-rated nursing homes, 195 got the lowest rating, one star, while 187 got five stars.  USA Today analyzed government data and found that 27% of the country’s 10,542 for-profit nursing homes are one-star, compared with 13% of the 4,182 not-for-profit nursing homes.  Click here to look up a facility in the USA Today Rating System.

How you Can Protect Yourself and Your Family

In making this decision, do not be afraid to ask the facility representative if they have much staff turnover, had any State actions against them, or if they have liability insurance.  The Brandi Firm represented a family for the death of their mother at a facility recommended by a local hospital.  The mother received horrible care and ended up passing away as a result.  Discovery showed the facility had no insurance, filed bankruptcy after suit was filed, and re-emerged later with the same owners and management under a different name.

Even with the ratings system in place, it remains up to us to ask the right questions and be proactive when it comes to care for the elderly or dependent adults.  Also, make sure you go to the facility and see how it looks and smells and try to talk with other families about their experiences.

If you have had an incident at a nursing home or residence facility or want to learn more about elder issues, click here to learn about the Brandi Law Firm Elder Abuse Attorneys