California Nursing Home Abuse: New California Laws

Written by Adam Peck Category: Elder Law January 26th, 2013 3 min read

Following deep state budget cuts this year, the ranks weakened among those who fight for senior citizens living in nursing facilities and residential board and care homes.

Two state bills now seek to restore funding and bolster senior ombudsman services that lawmakers slashed.

An urgency bill, AB 392, would immediately restore $1.6 million to the Long-term Care Ombudsman Program to help make up for the $3.8 million it lost this year, said a state program administrator.

The second bill, AB 935, would send fines collected in senior home violations to local long-term care ombudsman programs.

With reduced funding, local programs have had fewer resources to help prevent senior neglect, abuse, isolation and exploitation, said Joan Parks, Ombudsman Services of Northern California program administrator.

Many local programs have lost most of their staff, and have been unable to recruit and train volunteers vital to the program, Parks said.

The Solano County ombudsman office has lost volunteers, and its two part- time employees are paid for fewer hours to handle a large work load, said field representative Naomi Snegosky.

“We all put in way over the hours we are paid,” Snegosky said. “We have to. We get complaints.”

Senior ombudsman volunteers and staff still respond to complaints but are unable to do more extensive advocacy, education and training, said Leanne Martinsen, Solano-Napa Agency On Aging executive director in Vallejo. The California Long-Term Care Ombudsman Program investigates and resolves complaints at senior nursing and board and care homes.

“We are very concerned that our weakened presence will lead to increased incidence of dehydration, malnourishment, soiled diapers, bedsores, poor hygiene, infections and other harmful outcomes of neglect and abuse in some facilities,” Parks wrote in a letter to state officials urging passage of AB 392.

Ombudsman volunteers’ unannounced visits to facilities have been greatly reduced, she said.

Weekly visits to nursing facilities have been reduced to monthly, while senior board and care homes are monitored just once a year.

Further, distraught families calling local offices now only leave a voice mail, and more complaints are being referred to other state offices or law enforcement, Parks said

More resources, not fewer, are needed in the recession to protect seniors, Parks wrote, adding that the national economic crisis has increased the threat of elder financial abuse.

The Napa Ombudsman program was spared the full brunt of this year’s state budget cuts after securing a grant from a private foundation, said program coordinator Elizabeth Mautner.

A $20,000 grant partially offset the loss of $48,000 in state funds, Mautner said.

“We did not have to lay everyone off, but we had to curtail our hours,” Mautner said. “We haven’t been as readily available as we were.”

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.