By: Natalie B. DeClusin, Attorney at Law
SACRAMENTO, CALIFORNIA - Elderly persons are particularly vulnerable to mistreatment, especially those residing in nursing homes. To improve the protections offered to this demographic, two new bills have been introduced in California. The first bill (AB 392) is aimed at ensuring that local Long-Term Care Ombudsman programs can continue to investigate incidences of nursing home abuse by restoring state funding. The second bill (AB 215) would require skilled nursing facilities to prominently display quality of care ratings, thereby assisting families in choosing which nursing home in which to place their loved one.
AB 392 will reinstate $3.8 million in state funding for local Long-Term Care Ombudsman programs, funding which Governor Schwarzenegger previously vetoed. Local Long-Term Care Ombudsman programs advocate on behalf of elderly nursing home and assisted living facility residents, thereby protecting them from abused and neglect. As the only advocacy service of its kind, the Long-Term Care Ombudsman program carries out such duties as making unannounced site visits and investigating the thousands of complaints filed with them every year. Under 392, funding will be obtained using fines paid by facilities that have failed to comply with federal and state regulations. According to California law, these penalty accounts may be used in any way that directly benefits facility residents, which would include improving upon Long-Term Care Ombudsman programs.
Under AB 215, all long-term health care facilities that accept Medicare or Medicaid would be required to post the federal Center for Medicare and Medicaid (CMS) star rating in a location which is visible to the public. These ratings, which can be found on the CMS Nursing Care Compare website, are based upon health inspection results, staffing levels, and quality measures. Not only will posting these ratings provide nursing home patients, residents, and visitors with information that they perhaps did not even know existed or that they did not formerly have access to, but hopefully it will also cause these facilities to improve their performance in an effort to avoid being forced to publicly display negative ratings.
Berman & Riedel, LLP is first and foremost an advocate for the elderly, working tirelessly to promote awareness and recognition of the serious elder abuse and neglect problem that plagues the State of California. Our attorneys are experienced in this complex area of law, and have the knowledge necessary to provide you with the absolute best possible representation. If you or a loved one has been the victim of elder abuse or neglect, please contact attorney Natalie B. DeClusin for more information on how to best pursue your legal rights.