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CANHR "New Developments" Archive



12/7/2011 U.S. Senate Holds Hearing About Antipsychotic Misuse in Nursing Homes.
11/18/2011 Lawsuit filed to End Practice of Hospital "Observation Status". On November 3, 2011, the Center for Medicare Advocacy and the National Senior Citizens Law Center filed a class action lawsuit against Kathleen Sebelius, the Secretary of Health and Human Services, on behalf of seven individual plaintiffs - all Medicare beneficiaries who received hospital inpatient services - harmed by the increasingly common practice of classifying these patients as on "observation status," rather than inpatients. This practice deprives Medicare beneficiaries of Part A coverage for their hospital stay, and because of the 3-day prior hospitalization stay requirement - deprives them of Part A coverage for post-hospitallization skilled nursing care.
10/14/2011 The Secretary of State is asked to release funds to 514 victims of elder financial abuse. The California Victims of Corporate Fraud Compensation Fund, since its inception in 2002 has collected almost $15 Million and only paid out $92,000 to seven people.
10/14/2011 New Law Extends Financial Protections for Medi-Cal's Long Term Care Benefit to Same Sex Spouses and Registered Domestic Partners: On October 11, 2011, The Governor signed AB 641, a major step forward in ensuring that same sex partners receive equal treatment under the law during one of the most difficult periods of life - i.e., when one spouse must enter a nursing home.
9/22/2011 Falsified Patient Records are Untold Story of California Nursing Home Care. On September 18th and 19th, the Sacramento Bee published an alarming series on the common complaint that nursing home records often have little to do with reality.
9/16/2011 CCL Issues New Policies to Protect RCFE Residents from Unlawful Evictions.
8/30/2011 Governor Axes Adult Day Health Care Services Governor Brown struck down a replacement program for Adult Day Health Care Services (ADHC) and upended the lives of about 35,000 Californians who depend on the services to meet their needs and stay out of nursing homes.
8/19/2011 Long-Term Care Insurance on the Radio. CANHR Staff Attorney Prescott Cole and financial advisor Timothy Millar joined KALW Radio Host Chuck Finney on "Your Legal Rights" for an hour-long discussion on the pros and cons of Long-Term Care Insurance.
8/16/2011 Ventura County is Center of Least-Medicating Movement. Ventura County might seem like an unlikely base for a statewide movement to end the misuse of psychoactive drugs on nursing home residents, but thanks to a unique mix of tireless long-term care Ombudsman, dedicated and curious care providers, and some world-class experts, all of Ventura County is buzzing with the opportunity to offer cutting-edge dementia care to its residents.
8/2/2011 Illegal Nursing Home Evictions on the Rise as State Shirks Enforcement. Channel 5 News in San Francisco has posted a story featuring two Bay Area illegal nursing home eviction cases. Nursing homes have become more brazen in refusing to readmit residents who have been temporarily hospitalized, largely due to the lack of state enforcement of resident eviction protections. Watch the Channel 5 story...
6/21/2011 Your Right to Visit - CANHR Publishes Free Guide for Visitors to Long-term Care Residents and Hospital Patients.The right to meet with visitors of a person's choosing is among the most intimate rights we have. Despite federal and state laws that protect the right to visitation for people who enter a long-term care facility or hospital, health care providers often prohibit visitors who are considered problematic. These providers illegally assume the role of sentinel - deciding who may or may not see a resident. This Guide reviews the laws protecting a resident's right to visitation and common visitation issues and offers ideas for remedying visitation problems through the use of sample cases.
5/3/2011 In Memoriam: Long Time CANHR Member Pearl Caldwell. Pearl Caldwell, a long time CANHR member and – for over 25 years - the Coordinator of CANHR’s Santa Clara County Family Support Group, passed away on Sunday, May 1, 2011.
4/7/2011 New Release:  Assisted Living Administration and Management. CANHR Board member, Dr. Darlene Yee-Melichar, is the co-author, along with Andrea Renwanz Boyle and Cristina Flores, of the recently released "Assisted Living Administration and Management: Effective Practices and Model Programs in Elder Care."  Dr. Yee-Melichar, a Professor and the Coordinator of the Gerontology Program at San Francisco State University.
3/31/2011 Olive Ridge Post Acute Care, a skilled nursing center in Oroville, was cited 15 times for violations of state and federal law regarding resident evictions when it illegally closed down an entire unit and forced most of the residents to move to new facilities.
3/25/2011 Use of chemical restraints in nursing homes called an epidemic. Nearly 25 percent of the residents in California's nursing homes are placed on antipsychotic drugs, often used as sort of a chemical leash to control behavior in a trend a watchdog called an epidemic Thursday at a symposium.
3/17/2011 Elder Justice Advocates: about attorneys committed to protecting and safeguarding elders in California through advocacy and elder abuse litigation.
2/18/2011 Senate Hearing, February 22. CANHR's Executive Director Pat McGinnis will be testifying about the state of elder abuse in California during a first-ever joint hearing of the Assembly Aging and Long-term Care and Public Safety Committees. The hearing will be held from 9:30 AM to 12:00 PM on Tuesday, February 22. Pat will be one of several long-term care and law enforcement experts to speak at the hearing. The hearing will likely be webcast live through www.calchannel.com.
12/17/2011 DRA Update. The Department has given permission to release the draft DRA regulations. This version is only the latest of several versions, and we want to make it clear that these are not final regulations.
12/16/2010 Report on Reverse Mortgages. The Consumers Union along with California Advocates for Nursing Home Reform and the Council on Aging Silicon Valley released a report calling for stricter oversight of the reverse mortgage market and new consumer protections for borrowers. Noting that "Reverse mortgages are a very risky deal for borrowers who don't understand the complicated terms of the loan and how quickly fees and interest charges can add up", the report offers tips for consumers to help avoid unnecessary or unsuitable transactions.
12/7/2010 CANHR Tells Senate Forum: No More Chemical Restraints! On December 8, 2010, Patricia McGinnis, CANHR's Executive Director, will speak to the U.S. Senate Special Committee on Aging on CANHR's campaign to end the epidemic misuse of antipsychotic drugs by nursing homes to chemically restrain residents who suffer from dementia. By invitation of the Committee, Ms. McGinnis is presenting at its forum: Until There's a Cure: How to Help Alzheimer's Patients and Families Now. A webcast of the forum will be posted to the Senate Committee's website following the event.
11/16/2010 Press Release: CANHR Launches Campaign to Fight Drugging of Nursing Home Residents CANHR’s new campaign takes aim at the rampant misuse of antipsychotics and other psychoactive drugs by nursing homes to sedate and subdue their residents.
10/19/2010 Physician Orders for Life Sustaining Treatment "POLST" - Problems and Recommendations. Read CANHR's report on POLST in California and learn why it has created several problems for health care consumers, particularly nursing home residents.
10/14/2010 California 2010-2011 Budget: Impact on Health and Human Services. On Monday, October 8, 2010, Governor Schwarzenegger signed California's $87.5 billion budget, after line item vetoes of an additional $963 million. The most that can be said is that it's not as bad as we thought it would be.
10/8/2010 CANHR mourns the loss of Ed Pope, who died in San Jose on October 3, 2010.
9/30/2010 Governor Vetoes SB 1329
8/11/2010 Motion Picture Home Cited for Illegal Transfers
7/27/2010 GAO Issues Report on Resident Risks in Continuing Care Retirement Communities (CCRCs)
7/23/2010 Reforms to Nursing Home Payment System Moving Forward
6/24/2010 Audit Finds the Department of Public Health Isn’t Collecting Fines Against Nursing Homes for Abuse and Neglect
6/24/2010 State Reports Huge Increase in Nursing Home Profits
A June 2010 report by the California Office of Statewide Health Planning and Development (OSHPD) reports that nursing home profits (net income) grew by 640 percent from 2003 to 2007, increasing from $70 million in 2003 to almost $448 million in 2007.
The report attributes the increase to AB 1629, a 2004 law that sets Medi-Cal payments to nursing homes. Developed by the nursing home industry, the law has increased Medi-Cal payments to skilled nursing facilities by about a billion dollars per year since 2004 despite no change in the number of people being served.
5/26/2010 Governor's 2010-2011 Revised State Budget Reflects Lame Duck - "I'm Out of Here" - Agenda
5/10/2010 Disability Rights California Investigation Finds that Abuse by Nursing Home Staff is Not Treated as a Crime
5/4/2010 Drug Giant AstraZeneca Pays Half-Billion Dollar Penalty for Illegal Marketing of the Antipsychotic Seroquel to Drug Elders with Dementia.
4/19/2010 California Watch Investigation Reveals California Nursing Homes Receive Millions While Cutting Staff Wages
4/19/2010 New York Times Story Highlights RCFE Foreclosures and Legislation in California
4/7/2010 > CANHR is pleased to announce the publication of “California Conservatorship Defense – A Guide for Advocates.”
4/1/2010 Medi-Cal Officials Snub Reforms to Protect Nursing Home Residents from Abuse and Neglect
3/31/2010 Preventable Harm: California Fails to Follow Through With Patient Safety Laws
3/31/2010 President Obama Signs Elder Justice Act and Nursing Home Transparency and Improvement Act
3/31/2010 Dangerous Caregivers: State Failed to Cross-Check Backgrounds, Exposing Elderly to Abusive Workers
3/30/2010 CANHR urges U.S. Senate to Maintain Protections Against Controlled Substances in Nursing Homes
3/11/2010 Department of Health Care Services Releases Proposed Bill for Recovery on Special Needs Trusts
Senate Budget Sub 3 has recommended that the Department's Special Needs Trust/Recovery bill not be heard and (like last year) believes it should be a policy bill, so they will not be considering it. The Department of Health Care Services' legislative proposal would prohibit Shewry v. Arnold from applying to Special Needs Trust recoveries and prohibit the deferrals and exemptions under the Medi-Cal recovery laws from applying to reimbursement of claims asserted against special needs trusts, including pooled special needs trusts. We do not know if the Department will continue to pursue this on a policy track, given the overwhelming budget issues out there, but will keep you informed.   Click to see the Department's proposed language  and  "Fact Sheet".
3/4/2010 Prescott Cole Named California Lawyer Attorney of the Year for Elder Law
Prescott Cole, CANHR’s Senior Staff Attorney, was selected by California Lawyer Magazine as a 2010 Clay Award winner and Attorney of the Year. Prescott was honored in the category of Elder Law for spearheading AB 329 (Feuer), which established new protections for seniors against reverse mortgage predators (see “New Protections for Reverse Mortgage Borrowers” in the December 2009 Network News). Those of you who know Prescott also know his relentless advocacy for elder abuse protections that has resulted in many successes on the state and national level. We are proud of Prescott and all he has done, not just in 2009, but throughout the last 14 years with CANHR.
2/25/2010 Press Release: TOXIC MEDICINE! - New Guide to Fighting the Misuse of Psychoactive Drugs in California Nursing Homes
1/6/2010 3 Nursing Home Patients Killed by 'Chemical Restraints'
ABC World News with Diane Sawyer reports on the Kern Valley deadly over-drugging case. CANHR is initiating a large scale campaign in 2010 to eliminate the misuse of psychoactive drugs in California nursing homes. If you or someone you know has been a victim of drug misuse in a nursing home, please contact CANHR.
11/04/2009 New Senate report - California Ombudsman Program not effectively responding to elder abuse
11/03/2009 Press Release: Beware of Swine Flu "Quarantines"
10/15/2009 Governor Vetoes Bill to Curtail the Drugging of Nursing Home Residents - CANHR's statement
10/6/2009 GAO Finds Many Poor Quality Nursing Homes Escape Needed Oversight
10/6/2009 Several CANHR Sponsored Bills Sent to Governor
9/15/2009 Mother Kills Daughter Then Self in Oakland Nursing Home
8/14/2009 Press Release: Santa Monica Nursing Home Fined $100,000 for Death of a Resident Due to Neglect
8/7/2009 Governor Signs AB 392 to Fund Ombudsman Programs
7/29/2009 Governor Slashes Health and Human Services Further
7/29/2009 New CANHR Report: "Conservatorship Reform in California: Three Cost-Effective Recommendations"
6/19/2009 State Issues Two $100,000 Fines for Neglect that Causes the Death of Encinitas and Los Angeles Nursing Home Residents
5/27/2009 Governor proposes drastic cuts in Health and Social Services and just about everything else
4/29/2009 May 2009: SSI/SSP Cuts in California and Federal Stimulus Payments
4/21/2009 Deaths of Santa Monica Nursing Home Residents from Neglect Result in Minimal Penalties from Licensing Officials
04/09/2009 CANHR Weekly Radio Program:
Elder Issues & Answers on Saturday, 9:30am, KTRB AM 860
03/06/2009 Last Minute Bush Administration Gag Rule Prevents State Licensing Staff from Producing Documents or Testifying in Nursing Home Cases
02/20/2009 Attorney General Charges Nursing Home Drugging is Assault with a Deadly Weapon
02/17/2009 In Memorial: Sherry McIlwain
02/17/2009 Recent Study Reveals Gross Failure of Nursing Homes to Adequately Treat
Terminally Ill Residents
12/18/2008 Feds Launch Nursing Home Rating System
10/01/2008 Pat McGinnis, CANHR’s Executive Director, interviewed by Michael Krasny on KQED Public Radio
09/30/2008 DRA Update: SB 483 Signed By the Governor
05/28/2008 Attorney General granted an injunction against James Walker and Senior Care Advocates. View a PDF copy of the injunction.
09/30/2008 New York Times Reports that 94% of Nursing Homes Have Health and Safety Violations
08/28/2008 Conviction Upheld for Bay Area Nursing Home Operator
07/14/2008 CANHR correspondent sues CCRC in San Francisco
06/13/2008 In Memorial: Sheila McGorty
06/05/2008 Health Care, Seniors Targeted by Budget Cuts
04/10/2008 CANHR Staff Attorney Receives Prestigious Sentinel Award
04/08/2008 Press Release: Billion Dollar Funding Increase Fails
to Improve Nursing Home Care in California
04/02/2008 SF Weekly reports: Nursing Home Lobbyist Quits
After He Predicts SEIU Powerplay
03/28/2008 CANHR mourns the loss of Mary Ballantyne
03/26/2008 New Report: Quality of Care in Residential Care for the Elderly, A Study of the Limitations & Potential of Community Care Licensing’s Current Data Systems
02/26/2008 Nursing Homes Are Understaffed Says State Report
02/15/2008 Nursing Home Transparency and
Improvement Act of 2008 Introduced
02/06/2008 Feds Out Nursing Homes with
High Levels of Restraints & Bedsores
02/04/2008 Department of Public Health Delays
Nursing Home Staffing Ratios Again
01/18/2008 Proposed Inspection Cuts Endanger Elders
12/12/2007 View Video: CANHR Testifies at U.S. Senate Hearing
on Reverse Mortgage & Annuity Scams
12/01/2007 Congress Preparing Nursing Home Legislation
11/29/2007 SF Weekly Article: Roll of the Die –
Human Life Speculators Bet on Elder Deaths
11/15/2007 CBS Investigation: Lack of Oversight on California Homes for Disabled
10/26/2007 New York Times Report Spurs Investigations of
Nursing Homes Putting Profits Above Care
10/25/2007 San Diego Fires—Contact Information for Evacuated Elders
10/18/2007 Governor Vetoes Bill to Protect Nursing Home Abuse Victims
10/02/2007 LA Times: Bill Seeks Faster Investigations of Nursing Home Complaints
06/28/2007 DHS Compliance with CANHR vs DHS Order
05/11/2007 Court Orders DHS to Reissue Standard Admission Agreement
04/26/2007 Once Again GAO Finds Nursing Home Enforcement Weak and Ineffective
04/16/2007 State Auditor Cites DHS for Lax Nursing Home Oversight
02/05/2007 CANHR mourns the loss of former Lt. Governor Leo McCarthy
01/19/2007 Bet Tzedek Scores a Victory for Resident Rights
01/01/2007 2007 Rate and COLA Increases
10/23/2006 Alert: DHS Suspends Use of Standard Admission Agreement
10/11/2006 CANHR mourns the loss of William F. Taylor
10/06/2006 Legislation Update: Bills Signed
10/02/2006 Judge Orders State to Promptly Investigate Complaints of Nursing Home Neglect & Abuse
09/05/2006 Legislative Alert: Important Long Term Care Bills Pass Legislature: Need Governor's Signature
07/26/2006 Updated:Medi-Cal Estate Recovery Regulations: Final and Proposed:
• Comprehensive (R-32-00) (pdf) filed May 10, 2006;
• Proposed Disability Regulations (R-14-04) (pdf) — CANHR's Comments Posted (pdf)
07/26/2006 CANHR ALERT: Heat Wave Turns Deadly; Nursing Homes Responsible for Resident Safety
06/22/2006 Legislature Passes SB 1248, The Nursing Home Residents' Rights Act of 2006 — Letters to Governor Needed
03/31/2006 Medicaid Alert: Federal Deficit Reduction Act, CANHR's analysis, and a consumer summary
03/31/2006 Konrad Semrau Memorial
03/15/2006 The Judicial Council's Probate Conservatorship Task Force is holding public hearings, March 24, San Francisco
03/15/2006 Legislature Orders Audit of Troubled Nursing Home Licensing Agency — CANHR's Press Release
03/07/2006 Notice of Estate Recovery Regulations Changes Released
02/01/2006 New fact sheet, "Medicare Part D: Frequently-Asked Questions (FAQ)" is now available.
01/19/2006 New Government Study Finds California Overlooks Serious Nursing Home Violations
- Click here for the report (pdf, 1.6mb)
- Click here for CANHR's press release
11/25/2005 Larry Roth Memorial, May 9, 1914 – November 22, 2005
11/16/2005 New Admission Agreement Rules, Effective 1/2/2006
11/11/2005 The 2006 CSRA and MMMNA standards have been announced. Click here to view the ACWDL #05-40
10/18/2005 CANHR files lawsuit against DHS for Failure to Investigate Complaints.
- Click here for the complaint. (pdf)
- Click here for the press release. (pdf)
10/07/2005 California Long-Term Care Residents Win New Rights!
09/14/2005 Nursing Homes Raise Private Rates to Keep Up with Medi-Cal
05/24/2005 State Drops "Emergency" Medi-Cal Regulations
11/22/2004 Lawsuit Against Trust Mills/Annuity Scams Announced
09/30/2004 Annuity Recovery Regulations Filed on Emergency Basis
07/07/2004 Senator Charles Grassley's letter to the U.S. Dept. of Health and Human Services