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Schwarzenegger Signs Quality of Care Bill for California Skilled Nursing Facilities

Governor Schwarzenegger has signed AB 1457 into law, which is a measure to confront the failing quality of care in nursing homes created by the lack of transparency in the ownership and management structure of these facilities.

AB 1457 will require each licensee of a skilled nursing facility to disclose with each abbreviated contract of admission the name of the owner and licensee for the facility and the name and contact information of a single entity that is fully accountable for all aspects of patient care and the operation of the facility. In addition, to ensure that existing residents of such facilities are notified of this information when there is a change of ownership, the bill requires written notification to all current residents and to their primary contacts listed on the admission agreement. The California Department of Public Health indicates that from January 1, 2007 through December 31, 2008, it received 135 Skilled Nursing Facilities change of ownership applications, and it approved 115.

“Nursing home abuse and neglect continues to be a serious problem in the United States. According to a report conducted by the Inspector General of the Department of Health and Human Services, 94 percent of all for-profit nursing homes were cited in 2007 for violations of federal health and safety standards,” said Assemblyman Mike Davis (D-Los Angeles), author of AB 1457.

According to the California Health Care Foundation, California has more Long Term Care (LTC) providers than any other state: some 1,200 nursing homes, 14,000 residential care settings with varying levels of care, and a vast array of community-based services.

“The California Legislature and the Governor understand the special attention to the needs and problems of elderly persons. AB 1457 provides California an opportunity to address a serious problem detailed in dozens of investigations by reports in the media. Each resident should know who is in charge of delivering services in every facility. This measure will require appropriate notification which will help ensure quality care in nursing homes,” Assemblyman Davis concluded.

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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.

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