A scathing March 29, 2022 report by Michael Tilden, Acting California State Auditor, charged that the California Department of Public Health “essentially enabled hospice agency operators who are possibly fraudulent to continue functioning, putting patients at serious risk of not receiving appropriate care.” The long-awaited report opens with a letter to the governor and legislative leaders that states: “Indicators strongly suggest that a network or networks of individual perpetrators in Los Angeles County are engaging in a large and organized effort to defraud the Medicare and Medi-Cal hospice programs.
California Nursing Home Industry Seeks to Cash-In on Pandemic Tragedies
Raising the wages of nursing home caregivers is smart. Trusting nursing homes with even more hundreds of millions of taxpayer dollars is dumb. On March 2, 2022, the California Association of Health Facilities (CAHF) – a trade group representing nursing home operators – announced a legislative proposal for California to fund a living wage for certified nursing assistants (CNAs).
2021 California Legislation
CANHR has supported, opposed, and/or closely followed the below pieces of legislation this session. Please check www.canhrlegislation.com for updated details on legislation, and www.leginfo.ca.gov for information on specific bills. CANHR Sponsored Bills AB 279 (Muratsuchi): Prohibiting Resident Eviction During the Pandemic Many residents of California skilled nursing facilities (“SNFs”) and Intermediate Care Facilities (“ICFs”) face a terrible prospect in the ongoing COVID pandemic: involuntary transfer to new facilities, sight unseen, far from their families and support networks.
OPPOSE AB-499 CONTINUED
AB 499 seeks to amend California law governing referral agencies for assisted living facilities (known in California as Residential Care Facilities for the Elderly or RCFEs) to provide accountability, but instead creates unnecessary communication and compliance barriers. Specifically, while the bill allows referral agencies to provide information to seniors about its services and fees verbally, it requires seniors to submit a written request if they want to receive such information in writing.
Support AB-1663: Assembly Committee on Judiciary
The Britney Spears conservatorship case exposed deep flaws within California’s probate conservatorship system – demonstrating how easily people can become trapped in a conservatorship and how difficult it is to escape. People with disabilities and older adults are often caught in the pipeline to conservatorship, a system that strips them of basic civil rights and their ability to advocate for themselves.
California moves to toughen state’s nursing home oversight
This article is related to AB 1502, Sponsored by CANHR By Don Thompson, AP News, January 31 2022 SACRAMENTO, Calif. (AP) — California lawmakers on Monday moved to strengthen the state’s oversight of nursing homes, barring anyone from operating a skilled nursing facility without a license. Democratic Assemblyman Al Muratsuchi said his bill would give the California Department of Public Health stronger authority to block unqualified and unethical owners by shutting down what he said is an increasing number of for-profit nursing home chains operating unlicensed nursing homes.
Bill Ending ‘Zombie Licenses’ for Nursing Homes Moves Forward in California Legislature
This article is related to AB 1502, Sponsored by CANHR By JW August, Times of San Diego, January 27 2022 If you want to drive a car in California you need a driver’s license. In San Diego County all dogs must be licensed. But if you own a nursing home, you can buy another home or chain of facilities, and no license is required. Unlike a driver who is in multiple accidents or an animal that’s attacked someone, there are no rules when it comes to the purchase or sale of nursing homes, no matter how ugly the track record of the firm buying or selling a nursing home.
CANHR Editorial December 2021 – Will the Legislature Finally Say “No More” to Unscrupulous Nursing Home Owners?
In early January, Californians will get a first look at whether state legislators have found the will and independence to prevent corrupt nursing home operators from buying up facilities throughout the state. That is when the Assembly Health Committee will hear AB 1502 (Muratsuchi), the CANHR sponsored bill to reform nursing home ownership in California. The stakes are high for current and future nursing home residents in California.
Press Release: Governor Newsom Signs Five of Six Nursing Home PROTECT Plan Reform Bills
CONTACTS: Patricia McGinnis, Executive Director, CANHRpatm@canhr.org (415) 974-5171 Anthony Chicotel, Senior Staff Attorney, CANHRtony@canhr.org (415) 974-5171 Governor Newsom Signs Five of Six Nursing Home PROTECT Plan Reform Bills Berkeley, CA – This week Governor Newsom signed into law five out of six reform bills that respond to the tragic conditions nursing home residents face in California and the growing public awareness during the pandemic that residents are often being neglected, abused, mistreated and exploited.
Urge the Governor to Sign Nursing Home Reform Bills!
For the first time in over a decade, the legislature has passed multiple major nursing home reform bills and Governor Newsom is weighing whether to sign them. Please help support better nursing home care by writing to the governor and urging him to sign SB 650, AB 849 and AB 279. SB 650 (Stern), the Corporate Transparency in Elder Care Act, is co-sponsored by California Advocates for Nursing Home Reform, SEIU, and AARP and would require nursing homes to account for public funds that corporate chains are increasingly diverting from resident care through shadowy side transactions with related parties.
SB-650 Sample Support Letter to Governor
If submitting electronically, please copy the text below, and we encourage you to add your personal stories and perspective to it. If submitting by mail you can DOWNLOAD A WORD FILE to edit and print out. Governor Gavin NewsomState Capitol, 1st FloorSacramento, CA 95814 sent via email to leg.unit@gov.ca.gov RE: SB 650 (Stern) – Signature Requested Dear Governor Newsom: I am writing in support SB 650, a bill that will bring much-needed corporate transparency to public nursing home spending.
AB-849 Sample Support Letter to Governor
If submitting electronically, please copy the text below, and we encourage you to add your personal stories and perspective to it. If submitting by mail you can DOWNLOAD A WORD FILE to edit and print out. Governor Gavin NewsomState Capitol, 1st FloorSacramento, CA 95814 sent via email to leg.unit@gov.ca.gov RE: AB 849 (Gómez Reyes) – Signature Requested Dear Governor Newsom: I urge you to sign AB 849, a bill that will restore a critical tool for protecting the rights and well-being of nursing home residents. Nursing home residents have been living a nightmare of isolation and death and they are in dire need of the private right of enforcement that was lost during the COVID-19 pandemic. Residents whose rights are violated are now limited to $500 in damages, no matter how many or how egregious the violations. This creates an intolerable situation where harmful nursing home conduct becomes profitable. Health and Safety Code Section 1430(b) was enacted to protect and ensure the rights of people living in nursing homes. Last year, 1430(b) was dealt a devastating blow when the State Supreme Court ruled that the maximum damages available to residents / victims whose rights have been violated was $500, regardless of the severity or number of violations. As acknowledged by some of the Justices, the decision could not have come at a worse time for nursing home residents. Complaints against nursing homes are at an all-time high and the California Department of Public Health has never been less able to protect the rights and welfare of residents. Years of lax enforcement and the Supreme Court’s decision means there are virtually no repercussions for nursing homes that break the rules. AB 849 will deter harmful conduct in nursing homes and restore residents’ ability to seek damages for each violation they have suffered. The bill is an essential piece of the legislature’s 2021 PROTECT Plan, a package of bills aimed at reforming nursing homes to improve state oversight, financial transparency, accountability, and ultimately enhance care for all residents.
CA Legislature Passes ‘Eviction Moratorium’ For Senior Home Residents During Pandemic. But It’s Too Late For Some.
This article is related to AB 279, Sponsored by CANHR. By Josie Huang, LAist, August 30, 2021 Tomiko Nakayama, 93, had hoped to stay at her senior home in Boyle Heights for the rest of her life. (Josie Huang/LAist) Tomiko Nakayama watched anxiously as the lunch crowd at her senior care facility for Japanese Americans rapidly thinned over the summer.
Nursing Home Improvement and Accountability Act Introduced in U.S. Senate
On August 11, Senator Ron Wyden, Chairman of the Senate Finance Committee, Senator Bob Casey, Chairman of the Senate Aging Committee, and several other senators introduced the Nursing Home Improvement and Accountability Act of 2021. The bill aims to increase transparency, accountability and oversight in nursing homes, improve staffing and support innovation in the structure and culture of nursing homes.
Support H.R. 3733: New Federal Legislation to Protect Resident Visitation in Future Pandemics
On June 30, Congressmembers Claudia Tenney and John Larson introduced H.R. 3733, a bipartisan bill that would guarantee nursing home residents’ right to critical in-person support from up to two essential caregivers, even during a pandemic. The essential caregivers are designated by the resident or the resident’s representative and would have up to 12 hours of access to the resident each day.
Support AB 279: Temporarily Halt Long Term Care Evictions During the Pandemic
Assemblymember Muratsuchi’s bill to temporarily halt evictions from nursing homes (SNFs) and intermediate care facilities (ICFs) during the pandemic state of emergency will soon face a vote on the Assembly floor—in the face of strong resistance from industry lobbyists. AB 279 would prohibit the owner of an ICF or SNF from involuntarily transferring a resident to another facility, during any declared state of emergency relating to the coronavirus disease 2019 (COVID-19), except if the owner files for bankruptcy.
COVID-19 le arrebata la vida a uno de cada cuatro californianos en asilos
Este artículo está relacionado con todo el PROTECT Plan. Por: Araceli Martínez Ortega, La Opinión, 04 de Mayo 2021 Muchos adultos mayores perdieron la vida en los asilos de California debido a COVID. (Getty Images/AFP) Susana Hernández ha trabajado por 14 años como cocinera en un hogar para ancianos y personas discapacitadas en la ciudad de Davis, California. “Al igual que mis compañeros, me contagié del virus y desafortunadamente lo llevé a mi casa e infecté a mi hija de 13 años y a mi hermano.