In This Issue
The Alameda County Superior Court has ruled nursing homes that give mind-altering drugs and withdraw life-sustaining treatment to “unrepresented” residents are violating the state constitution and must stop immediately. The case, CANHR v. Chapman, was brought by Professor Mort Cohen of Golden Gate University Law School on behalf of California Advocates for Nursing Home Reform (CANHR) and several nursing home residents against the California Department of Public Health (DPH).
Click here to see the court’s full decision...
Read: Judge Strikes CA Law That Allowed Nursing Homes To Make Medical Decisions For Mentally Incompetent Residents...
On June 14, 2015, the Sacramento Bee published findings of its investigation of California’s largest nursing home operator, Shlomo Rechnitz
. The remarkable articles and video describe the appalling conditions at some of his nursing homes and the deaths and suffering of residents due to neglect. Since September 2014, three of Mr. Rechnitz’s nursing homes have closed or had their Medicare and Medi-Cal certification terminated due to repeated findings that residents’ lives were in immediate jeopardy due to neglect. The problems don’t stop there, as the Sac Bee cover story describes several other Rechnitz nursing homes that have been cited for harming residents.
Read: Gridley Healthcare & Wellness Centre Residents Subjected to Extreme Humiliation Via Videos Posted on Snapchat...
According to a scathing report by the California State Auditor
, the Department of Health Care Services (DHCS) is doing a poor job of monitoring California's Medi-Cal managed care plans. The report found that DHCS did not verify health plan data and could not determine whether there were adequate provider networks. The report also found that thousands of calls from Medi-Cal beneficiaries seeking assistance through through the DHCS' ombudsman office went unanswered. Specifically, an average of 12,500 calls per month went unanswered from between February 2014 and January 2015.
A bill authored by State Senator Ed Hernandez (D-West Covina) to limit California's practice of suing survivors and filing liens against the homes of poor families to recoup Medi-Cal costs is advancing through the California legislature. The California Senate voted 33 to 0 to approve SB 33, and and will be heard in the Assembly Health Committee on July 7, 2015.
Read more information about SB 33...
The Justice Department released The Elder Justice Roadmap
, an initiative to respond to an emerging health, justice, financial and social crisis. This 40-page report, based on interviews with more than 750 experts and professionals who work with older adults, recommends specific action in five areas: Awareness, Brain health, Caregiving, Economics, and Resources.
The Consumer Financial Protection Bureau (CFPB) released results of a focus group study on reverse mortgage advertisements that found many participants were left with misimpressions about the product. After viewing the ads, consumers were confused about reverse mortgages being loans, and they were left with false impressions that they are a government benefit or that they would ensure consumers could stay in their homes for the rest of their lives.
Read the Report...
"Collaboration between Adult Protective Services (APS), Legal Services, and Civil Litigators - Time for Transformation"
Wednesday, September 16th, 2015
1:00 pm- 4:00pm
San Francisco, CA
3.0 hours of MCLE credits are available
William Benson, National Policy Director for the National Adult Protective Services Association
APS and Legal Services workers frequently encounter victims of elder financial abuse in need of legal expertise in civil law and restitution. By working with civil attorneys, APS programs and Legal Services, these allies can link financial abuse victims to critical legal services such as trusts and estates litigation, civil commercial litigation, collaborative mediation, and small claims court. For APS and attorneys, stopping or preventing elder abuse and neglect is a top priority but often countered by concerns for personal autonomy.
The training will include information on how APS can identify and appropriately refer cases of financial elder abuse. Legal services providers will learn how these cases can generate attorneys' fees as well as build capacity among attorney staff.
More details to follow
- Identify common documents used to facilitate elder financial abuse.
- Know what to look for when conducting financial abuse investigations.
- Understand attorney referral services and be able to explain to clients what lawyers can do.
- Learn to develop alliances in your community to effectively respond to the needs of elder financial abuse victims.
If you are working in nursing home admissions, hospital discharge planning or with elders in the community, it is imperative that you have current, accurate information about Medi-Cal Eligibility and Recovery. This training will provide a three-hour overview of the application process, eligibility, and avoiding Medi-Cal Recovery.
September 18, 2015
California State Railroad Museum, 125 “I” Street, Stanford Room, Sacramento, CA 95814
CEU Credits: 3 Hours
Price: $30 regular ($25 for existing SWAP Members and Students)
Presenter: Pauline Mosher, CANHR
This is not an attorney training
Click here for details and registration information
Click here to Donate to CANHR!