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SACRAMENTO, CA — August 25, 2006 — Recent California legislation would raise state nursing home inspection standards and significantly improve the rights of residents in uncertified nursing homes. There are about 1,400 skilled nursing facilities in California, housing more than 110,000 individuals.
Currently, residents of California nursing homes that are certified to take Medicare or Medcaid patients have federal legal rights that are not specifically granted to patients in uncertified facilities. These include basic rights such as choosing one’s own doctor and receiving proper notice before being evicted from a nursing home. The federal regulations also relate to room transfers and nursing home readmissions and eviction appeals. Under SB 1248, these rights and facility requirements would also apply to those in uncertified nursing homes, which account for about 20% of the nursing homes in the state.
Another bill, SB 1312, requires that nursing homes be inspected for both California and federal violations. Currently, the California Department of Health Services (DHS) must inspect nursing homes annually or every two years if the facility has no serious health and safety violations. These routine inspections cover violations of federal laws. However, inspectors do not check for violations of California quality and safety laws. Also, the DHS has no specific duty to routinely inspect nursing homes that are certified to participate in Medicare and Medicaid programs.
Under SB 1312, a state agency would inspect certified and uncertified nursing homes for violations of both federal and California laws. The inspection would focus on those California statutes and regulations that provide stricter standards than federal laws. These include laws on minimum staffing requirements, nurse assistant requirements, and nursing home abuse. The author of SB 1312 believes that dozens of California laws relating to nursing homes are not being enforced today, and that passage of the bill would enhance enforcement efforts.
SB 1312 supporters include California Advocates for Nursing Home Reform and California Alliance for Retired Americans (CARA). California Advocates for Nursing Home Reform sponsored SB 1248. Other supporters of the bill include: AARP California, Alzheimer’s Association California, Alliance for Retired Americans, California Alliance to Advance Nursing Home Care, California Seniors Coalition and Consumer Attorneys of California.
SB 1312 has been approved in the Senate, and is now in the Assembly. The state legislature has approved SB 1248, which is awaiting the Governor’s action. If the bill becomes law, it would be effective beginning July 1, 2007.
If you are a California resident, we urge you to read and consider these bills. California Advocates for Nursing Home Reform has provided a sample letter to send to Governor Schwarzenegger in support of SB 1248. The web site also includes contact information for your Assembly members.
If you have questions about the legal rights of an elderly loved one in a nursing home or hospital, please feel free to contact us at Brayton Purcell. We can review your potential case free of charge and advise you of your legal choices. Our firm is experienced in elder abuse law, including nursing home violations, elder neglect, negligence, and pain management issues.
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