2007 California Bills Seek to Improve Nursing Home Conditions
SACRAMENTO, CA — March 23, 2007 — Proposed California legislation would set new time limits for investigating complaints about nursing homes and improve consumers’ access to information about nursing homes and residential community care facilities.
Deadline for Reports On Nursing Home Complaints Would Change
AB 399 would require the California Department of Health Services to complete a nursing home investigation and report within 40 days of its receipt of a complaint. Currently, no specific time limit is set to complete a report, although an investigation must begin within two days, or within 24 hours if the claim involves serious physical harm or a death.
After a claimant receives a notice about the Department’s conclusions, he or she has five days in which to request an informal conference. The bill would extend this time limit to 15 days.
Rep. Mike Feuer (D–Los Angeles) introduced AB 399 into the Assembly last month. It is supported by California Advocates for Nursing Home Reform (CANHR), a nonprofit organization that fights for the rights of nursing home residents through education, legislation and litigation.
State Web Site Would Document Nursing Home Violations
SB 535 would set a new deadline, March 1, 2008, by which the Department of Public Health must post a web site providing data about nursing homes. Information about each nursing home would include:
- name, address and telephone number
- nonprofit or commercial status and ownership information
- number of beds, including any in an Alzheimer’s unit
- whether the facility accepts Medi–Cal or Medicare, and if so, whether it filed to withdraw from the Medi–Cal program
- a list and description of citations, deficiencies and complaints, both proven and unproven
- state enforcement actions such as license suspensions and revocations
Under present law, the Department was supposed to establish a consumer web site about nursing homes, but has failed to do so. SB 535 supporters say the bill will bring attention to the need for consumer access to nursing home information and pressure the Department into finally creating the web site. CAHNR points out that consumers need objective and unbiased information when choosing a nursing home.
More Information about RCFEs Would Be Made Public
The California Department of Social Services licenses and regulates 7,400 residential community care facilities (RCFEs) that serve about 160,000 residents. These facilities for seniors provide housing as well as help with everyday activities such as bathing, dressing and medication management. They also offer food service. If these elderly residents have serious medical conditions, they are treated by outside personnel rather than RCFE staff.
Currently, the Department maintains an internal database of RCFEs. AB 1558 would require this system to include information concerning staffing, ownership and administrative or court actions against any facility. The database must also track the number of beds in a RCFE, whether the facility is nonprofit or for–profit, and whether it offers a hospice unit or other special services. Data would be available to consumers or consumer groups by July 1, 2008, in an electronic format such as a web site. Supporters of AB 1558 explain that the bill would help consumers make better decisions when selecting a RCFE for themselves or a relative.
Finding Out About California Long–Term Care Facilities
The CANHR web site includes names, addresses and telephone numbers of California legislators as well as information and updates about AB 399, AB 1558, and SB 535, including sample letters in support of these bills.
At Brayton Purcell, we are concerned with the level of care in long–term care facilities. We can help you with problems such as nursing home violations and inadequate pain management issues. If you have questions about a nursing home and your legal rights, or the rights of an elderly loved one, please feel free to contact us for more information.
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