866–809–5167

Elder Abuse Information

California Nursing Homes Fail Surprise Inspections

SACRAMENTO, CA — January 30, 2004 — Surprise inspections of 150 California nursing homes revealed that many of the facilities did not meet minimum state health and safety standards. Problems included run–down living areas, fire safety violations, loose handrails, pest infestations, improper food handling, and bad odors from urine and feces. One hundred thirty–two of the nursing homes had patient care violations, including overmedication, unreported elder abuse cases, preventable injuries, and failure to help disabled residents with personal hygiene.

Over two–thirds of the nursing homes failed to provide each resident with the required 3.2 hours of care a day. Studies show that inadequate staffing is a major cause of nursing home abuse. For example, residents of nursing homes falling below minimal staffing standards are much more likely to develop serious bedsores and excess weight loss than those in other nursing homes. This is because there must be enough trained employees on duty to ensure that disabled residents are helped with eating and that bedridden residents are repositioned often so as to avoid bedsores.

Operation Guardians Attempt to Stem Nursing Home Abuse

The inspections, which took place over a two–year period ending on March 2003, were part of Operation Guardians, a multi–agency task force led by the California Attorney General’s office. The group covered Sacramento, Yolo, and Los Angeles counties as well as 16 other counties in Northern California and the San Francisco Bay Area.

The Operation Guardians program was created to address concerns about the quality of care in California nursing homes. The Attorney General’s office looked at complaints from private citizens, nursing home ombudsmen, and patient advocacy groups. It pointed to this data on nursing home abuse:

A 1998 report by the United States Accounting Office showing that one in three California nursing homes was cited for serious or possibly life–threatening resident care problems.
A 1999 report by the United States Congress Committee on Government Reform (CCGR) indicating that only one of the 439 nursing homes in Los Angeles County was in compliance with federal standards of care.
A 2000 report, also by CCGR, showing that only 18 of 288 San Francisco Bay Area nursing homes were in substantial compliance with federal care standards.

Currently, the California Department of Health Services conducts nursing home inspections every 15 months. These inspections are routine and expected. The Attorney General hopes to use Operation Guardians to complement the Department of Health Services inspections and plans to expand the program to include all 58 California counties.

Getting Information About Quality of Care in Nursing Homes

Although many nursing homes have care violations, not every nursing home is inadequate. The public can gather information about nursing home quality through various web sites. Nursing Home Compare is Medicare’s database of licensed nursing homes. It provides details about each nursing home: the number of beds, the health condition of residents (e.g. bedsores, incontinence, mobility), the use of physical restraints on residents, staff size and working hours, and violations found during formal investigations and annual inspections. In case Nursing Home Compare’s list of violations is out of date or incomplete, the web site should be used mainly as a starting point for further research. California residents should also consult the Nursing Home Guide produced by California Advocates for Nursing Home Reform for similar information.

Of course, if you are choosing a long–term care facility for yourself or for an elderly relative, a personal visit is most important. Besides checking the nursing home’s record for violations, consider whether the facility treats residents with dignity and respect, and whether there are pleasant activities, good meals, and a caring staff. To learn more about uncovering nursing home problems and successes, see Selecting a Good Nursing Home and Signs of a Good Nursing Home.

You can find copies of Operation Guardians reports on the web site of the California Attorney General. (Scroll to the heading “Prosecuting Elder Abuse,” then to the subheading “Operation Guardians,” then to the second paragraph under that subheading for links to the reports.) If you have a question about the legal rights of your elderly relative in a nursing home, please feel free to contact us at Brayton Purcell. We are experienced advocates in the areas of elder abuse, nursing home abuse, and pain management.

Back to article

This article can be found at , a web site sponsored by the law firm of Brayton Purcell for educational purposes. Please read our disclaimer and privacy policy.