Elder Abuse: Most California Nursing Homes Don’t Meet Standards

OAKLAND, CA — November 1, 2002 — More than three–quarters of California nursing homes failed to meet federal health and safety standards in 2001, according to a recent report prepared for the nonprofit California HealthCare Foundation. This figure includes 15% of nursing homes with violations that could cause serious harm or death.

The report noted that many state nursing homes do not provide quality care. Nursing home residents may needlessly suffer from bed sores, unexplained weight loss, or untreated pain. When they receive inadequate attention, residents may also lose physical functioning or become incontinent or depressed.

Staffing is a good indicator of nursing home conditions. In California, a shocking 44% of 1,212 nursing homes did not comply with the state’s minimum nurse staffing requirements (3.2 hours per resident per day), and 92% did not meet the levels recommended by the federal Center for Medicare and Medicaid (4.1 hours per resident per day). The staffing problem was compounded by the high rate of nursing staff turnover, which was an average of 78% in 2000–2001. Those nursing homes that did meet the 4.1 hour–per–day requirement had the best record of quality care, the study said.

Recommendations for Improving California Nursing Home Care

The report recommended increased penalties for nursing home violations and more funding for monitoring nursing homes. It suggested that the California minimum staffing level should be raised to the recommended CMS standard for nursing homes. It also urged that funding be expanded for recruitment and training of certified nursing assistants.

At Brayton Purcell, we are concerned with nursing home care and the welfare of the elderly. If you have a question about the legal rights of your elderly relative in a nursing home or other long–term care facility, please feel free to contact us. We are experienced in all facets of elder abuse law, including nursing home violations and inadequate pain management issues.