dedicated to improving resident
care in California's assisted living
facilities by educating consumers and
increasing industry accountability
CARR's October 2019 Newsletter is out! In this issue, we cover citations in the world of assisted living. Here's an excerpt.
"One indicator that consumers can use to evaluate a facility's regulatory compliance is the citation. In this issue, we do a deeper dive into citations--contextualizing them from a policy and consumer point of view. We also give you data about citation counts by facility size."
Did you catch Reveal from The Center for Investigative Reporting & Jennifer Gollan's latest article on assisted living? We certainly did. We've followed some leads in the article to uncover more about the facilities and how CCLD handled them.
By Rebecca Ruiz
San Diego's Superior Court's Judge Maino delivered justice for two vulnerable women who were raped by an 18-year old dishwasher-cum-caregiver - Bradley Thomas. CARR attended the sentencing hearing in Dept 1302 on 29 August 2019 and was privileged to sit among victims' family members and law enforcement personnel as the sentence was delivered: 8 years in prison. This is a triumph for elder justice advocates and for the District Attorney's Office - specifically Scott Pirrello. It may go on to serve as an example for DA's around the state to aggressively pursue criminal actions against individuals who commit crimes inside California's assisted living facilities (also called residential care facilities for the elderly - RCFEs).
The current edition of CARR's Quarterly Newsletter - Full Disclosure introduces CARR's Pop-Up Senior Coaching Clinics. (To read the newsletter, click on the words Full Disclosure above.) Our newsletter features three short pieces, each having a different focus in describing our Coaching Clinics: from information-delivery disruption to the data we've collected at our clinics. Each quarter, we collectively decide on a theme, then we tackle that storyline from a different point of view - generally the consumer viewpoint, policy and policy implications, and of course data (after all, we are an evidence-based organization).
You've probably seen the Reveal articles on RCFE worker exploitation: "Elder care homes rake in profits as legions of workers earn a pittance for long hours of care”.
The investigative reporter, Jen Gollan, contacted CARR over the last few months for background and details to make sure she was getting the content right. After reading her expose, CARR recognized there was much unsaid. This commentary is intended to level the playing field for consumers and policymakers, to give recognition to the broader issues at play and the assisted living facilities who are playing by the rules.
CARR, with Golden Gate Law (GGL) School’s Associate Professor of Law and Director of the Women’s Employment Rights Clinic, Hina Shah, has been pressing for legislation that would improve caregiver rights. Read on...
A licensee must give 30 days written notice delivered in person or via mail to the resident and/or resident's responsible party. Three (3) day evictions (aka expedited evictions) are possible with approval from the Department. Approval for an expedited eviction will only be granted if the Department finds good cause. Good cause exists if the facility can prove the resident is engaging in behaviors threatening to the well-being of other residents.
Title 22 87224: A facility may evict a resident for 1 or more of the following reasons:
The Evaluator's Manual Transmittal No. 09RM-18, 3-4200, dated 11/2009 states that a "Type A: Immediate Health, Safety or Personal Rights Impact - are violations of the regulations, and the Health and Safety Code that, if not corrected, have a direct and immediate risk to the health, safety or personal rights of those in care."
The LIC 203, or more properly LIC 203A, is the License itself. This document is the evidence from the state that the facility is licensed to provide care and supervision for the stated capacity of the facility, and to provide such additional services as may be stipulated on the document.
Title 22 (§87608)
Bed rails ". . . that extend from the head, half the length of the bed, and used only for assistance with mobility shall be allowed." (§87608(5)(A).
"A written order from a physician indicating the need for the postural support (in this case, bed rails) shall be maintained in the resident's record. The licensing agency shall be authorized to require other additional documentation if needed to verify the order." (§87608, (3).
"Bed rails that extend the entire length of the bed are prohibited except for residents who are currently receiving hospice care, and have a hospice care plan that specifies the need for full bed rails." §87608(5)(B)
Title 22, §87101(r)(5) defines a "Residential Care Facility for the Elderly" (RCFE), as ". . .
Keep in touch with what’s happening in California about assisted living and RCFE legislation and related items.
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