Nursing Home Abuse Lawyer Blog

A recent report published by Daniel R. Levinson, the Inspector General of the United StatesDepartment of Health and Human Services has revealed staggering deficiencies in our nursing home system. Ninety-four percent of nursing homes nationwide were cited for violations of federal health and safety standards in the last year. Seventeen percent of the facilities had deficiencies that caused "actual harm or immediate jeopardy" to patients. In the past year, 37,150 complaints concerning nursing home conditions were filed and 39% of those complaints were substantiated. Complaints included problems such as infected bedsores, medication errors, poor nutrition, and abuse and neglect of our most vulnerable citizens.

Problems were more likely to be found in for-profit homes and approximately two-thirds of our nation's nursing homes are owned by for-profit companies. Twenty-seven percent of nursing homes are owned by nonprofit organizations and a mere six percent are owned by government entities. Ninety-four percent of the for-profit facilities were cited with deficiencies, while eighty-eight percent of nonprofit homes and ninety-one percent of government homes were cited.

Daniel Levinson issued a compliance guide for nursing homes that states that some homes "have systematically failed to provide staff in sufficient numbers and with appropriate clinical expertise to serve their residents". Cases were found where nursing homes billed Medicare or Medicaid for services that were not provided or were so poorly provided that it "amounted to no care at all". As Medicare pays a fixed daily amount for each nursing home resident and facilities with severely ill patients receive a higher payment, some nursing homes had erroneously classified patients or exaggerated their illnesses in order to claim a larger payment.

In December 2008, the Bush Administration will begin utilizing a Five Star System to rate the standard of care, with five stars being the best care. These rankings will be published on a federal web site.

We recently discussed the rash of suspicious deaths at Woodstock Residence, now known as Crossroads Care Center of Woodstock, in our previous blog. Illinois State Police investigated and determined that one of the nurses deliberately overdosed troublesome patients with morphine in an effort to end their lives. Reportedly, the former Director of Nursing at that facility knew this was occurring and allowed this practice to continue.

Judge Joseph Condon ruled that Penny Whitlock, the former Director of Nursing at the facility, will face the full indictment for allowing a nurse to service as an "Angel of Death" for its dying residents. Prosecutors have charged her with neglecting three residents who died at the home by not reporting the suspicious death of a fourth resident to authorities. She faces five counts of criminal neglect and two felony charges of obstruction of justice. She faces up to three years in prison if found guilty of the charges.

Five years ago, a tragic fire at an NHC nursing home, formerly on Patterson Street in Nashville, Tennessee, killed 16 residents: one burned to death in the fire, six died of smoke inhalation the night of the fire, and nine more died in the ensuing weeks. The nursing home, owned by NHC of Murfeesboro, did not have a sprinkler system as none was required at the time. As a result of the fire, Tennesseee enacted legislation requiring sprinklers in all nursing facilities and was the first state to do so. The federal government enacted a law requiring nursing homes without sprinklers to have smoke detectors in every room. Thirty-two lawsuits were filed as a result of the fire and NHC settled all thirty-two suits privately within three years.

NHC and other nursing home operators are now trying to change Tennessee state law so that they do not have to bear responsibility in the future if another tragedy of this magnitude would occur. The so-called "Nursing Home Patient Protection Act" is not designed to protect our elderly, but actually designed to protect the nursing home operators. NHC, which reported over $500 million in annual gross profits in 2006 and whose CEO Robert Adams makes more than $1.3 million annually, is supporting legislation that would give residents nearly no recourse against nursing homes in the event of abuse, neglect, or death and would allow nursing home facilities to demand that residents sign arbitration agreements in order to live there. State Senator Jim Tracy (R) and State Representative Randy Rinks (D) introducted the bill that would allow nursing homes free reign over our most vulnerable citizens.

Interestingly, in Tennessee, nursing home violations and admissions suspensions are at an all time high and NHC is right in the middle of it. NHC was the owner of the nursing home where so many residents were lost on September 24, 2003. Four years after this tragedy, NHC received a state inspection report, dated June 20, 2007, for its Milan Tennessee facility. The state charged that the residents at this NHC facility were "at risk of injury or death from a fire". It appears NHC did not learn a lesson from the previous fire that killed 16 people. Instead, they have refused to protect other residents and are also seeking government protection from having to do so.

In previous blogs, we discussed the horrific conditions that residents at Westside Health Care Center were living under. A police raid of the facility in March 2008 found soiled mattresses, vomit in the halls, roach-infested rooms and doors tied shut, among other horrors. Five years of annual inspections had not revealed any problems at the facility.

Abe Fischer, the owner and operator of the Cincinnati facility, closed the facility before a hearing to determine whether or not to revoke the license of the facility could take place this week. Fischer sold the state certificate of need required to operate the facility as a nursing home and the residents of the facility have moved. He still owns a residential care facility next door to the closed facility and hopes to combine the buildings into a single residential care facility next year. His ability to do this hinges on the approval of Ohio city and state health officials, who found dozens of health and safety violations at both of Fischer's facilities this year. The fate of Fischer's other facility, the Terrace at Westside, still is in question. Health Commissioner Noble Maserus will decide shortly if that facility's license will be revoked.

Fischer alleges that the problems at Westside and the Terrace at Westside were exaggerated by police and community activists who don't like him.

Two patients at Metron of Allegan in Michigan died from neglect after employees at the facility failed to administer oxygen to them. The date and details of the deaths are unknown at this time. The facility had an identical problem in 2005 when Sarah Comer died from asphyxiation at Metron of Big Rapids when her oxygen tank ran dry. Eight former employees are accused of covering up the death and manipulating the records to give the impression that Ms. Comer received adequate care. The Attorney General's Office filed a civil suit in the matter and criminal charges have placed the Metron facility into state oversight for two years.

In addition to the failure to provide oxygen, which led to the deaths, the facility is also accused of failure to prevent physical and sexual abuse between patients, failure to investigate a patient wandering from the facility, and failure to provide physician prescribed pain medication.

Metron facilities appear to have recurring problems. Metron closed a facility in Kalamazoo in 2006 due to "immediate jeopardy" citations. A Big Rapids Metron facility was found with 26 rule violations in 2004 and nearly lost federal funding, as well as the 2005 death of Sarah Comer, and now two more unnecessary deaths at Metron of Alegan.

A license revocation hearing is scheduled for October 9. Leaders from Metron met on September 24 with state regulators concerning a possible sale agreement.

Texas Terrace Care Center, a St. Louis Park, Minnesota nursing home, was cited with neglect in a May 24, 2008 patient death. The patient, who was not considered a suicide risk, suffered from depression and congestive heart failure. On May 24, 2008, a nurse and nursing assistant attempted to force open the door of the man's room but could only open it slightly. The nurse and nursing assistant were able to see the man hanging from the other side of the door. The nursing supervisor called 911 and ordered the nursing staff not to touch the door but to wait for police. Approximately five minutes later, a firefighter pushed open the door without "putting all his weight on it or use of excessive force". The man's skin was still warm, but he was not breathing and had no pulse. As the man had a "do not resuscitate" order on file, all resuscitation efforts were halted. The nursing home excused its inaction by stating "nurses took immediate steps to try to enter the room but worried that forcing open the door would cause further injury to the man if he was still alive". The Minnesota Department of Health issued a "quality of care" citation against the facility because the "facility staff failed to continue efforts to open the door to provide emergency care".

Woodstock Residence, now known as Crossroads Care Center of Woodstock, has been fined $300,000 by the Illinois Department of Public Health - a record fine - and the Federal Centers for Medicare and Medicaid Services fined the facility another $57,350 after a state investigation revealed that the improper use of drugs, such as morphine sulfate, lead to five suspicious deaths at the facility in 2006. The report alleges that an employee at the facility mixed drug cocktails to make sure that troublesome residents "would not be bothering her during her shift". Appallingly, the report reveals that a supervisor allegedly told a nurse "I do not care if you play the angel of death, just don't let me know about it". A criminal indictment alleges that Penny Whitlock, former Director of Nursing at the Facility, made that comment to Marty Himebaugh, a licensed practical nurse. Concerning a restless patient, a nurse told a co-worker, "She won't make it through the day. I made sure of that." With respect to a 56 year old Down's Syndrome resident, a nurse told a co-worker, "Those people aren't meant to live that long. They are meant to die in their teens and I'm going to help him along."

Marty Himebaugh, a licensed practical nurse formerly employed at the facility, was charged with four counts of criminal neglect of a long-term care resident, one count of obtaining morphine by fraud, and one count of unlawful distribution of a controlled substance. Himebaugh was fired on October 31, 2006 at the suggestion of the Illinois State Police, who were investigating the suspicious deaths. Penny Whitlock, former Director of Nursing at the facility, was charged with five counts of criminal neglect of a long-term care resident and two counts of obstructing justice. Himebaugh was accused of administering excessive doses of morphine and Whitlock was accused of failing to report her actions. Both women have pled not guilty to the charges.

To date, two lawsuits have been filed due to the wrongful deaths. Vickie Lund, the daughter of Virginia Cole, filed a wrongful death lawsuit alleging that Cole was administered lethal doses of morphine that caused her September 2006 death. The second lawsuit was filed by Sharon Hunt, the mother of John Sherman, also alleges that Sherman was administered lethal doses of morphine, which caused his September 2006 death. Both Whitlock and Himebaugh, as well as the owners of the facility, are named as defendants in the lawsuits.

The facility is appealing the federal and state imposed fines.

Carol Crow's family thought she was safe at Whispering Pines Nursing Home in Norman, Oklahoma - until she was found covered with bruises on her face neck, and shoulders, as well as two black eyes - now they want answers. The facility workers told her family that Mrs. Crow had gone into her room and fell on July 11, 2008, but Mrs. Crow told her family an entirely different story. Mrs. Crow alleges that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her. The Crow family contacted the Department of Human Services, who declined to investigate as they found no indication of abuse.

The Crow family, working in conjunction with A Perfect Cause, an advocacy group, is offering a $2,500 reward for any information as to what happened to Mrs. Crow that day. Mrs. Crow has been moved to a 24 hour care facility in Muskogee, Oklahoma.

We discussed the case of a Rhode Island nursing assistant accused of sexual assault in our previous blog. Matthew F. Doyle, 24, was charged with the sexual assault of a 69 year old Alzheimer's patient at the St. Elizabeth Home in Rhode Island on July 28, 2008. A grand jury has charged Doyle with two counts of first degree sexual assault and he has been ordered held without bail.

Sexual abuse in nursing homes across America is an appalling problem. Often, nursing home corporations, more interested in turning a profit than a thorough background check on employees, will overlook problems with current or prospective employees. This practice ultimately places the residents at risk of becoming victims of physical and/or sexual abuse.

Unfortunately, the problem of sexual abuse of nursing home residents is far more common than anyone would believe. Nursing home corporations should do everything they can to protect their residents from this type of predator. When incidents such as this occur, prosecutors should seek the harshest penalty available.

We have talked about the appalling situation that occurred at the Good Samaritan Society of Albert Lea in our blogs of September 19, 2008 and September 16, 2008. This is the facility where four teenage nursing assistants verbally, sexually, and emotionally abused the residents. The abuse ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

We can now report that the Minnesota Attorney General's Office will be prosecuting two of the four teens who participated in the abuse. Two of the abusers were adults at the time the abuse occurred and, as such, will be prosecuted by the State of Minnesota. The other two individuals were 17 at the time they chose to abuse these residents and are considered juveniles under the law. They will be prosecuted locally.

Licensed nursing assistant Melissa Dunham, 32, received 45 days in jail for stealing drugs from a nursing home resident at Courville at Manchester nursing home in Manchester, New Hampshire. Dunham pled guilty to stealing a narcotic patch from an 86 year old resident and keeping it for her own personal use. Of note, the narcotic patch is more powerful than morphine and is used to treat severe and chronic persistent pain. One can only imagine the pain the resident felt as a result of this theft.

Gerda Tervil, a CNA at Bradenton Health Care Center in Bradenton, Florida, was arrested by officers from the Attorney General's Medicaid Fraud Control Unit and the Manatee County Sheriff's Office for physical abuse of an elderly resident at the facility. Tervil was assigned to care for an 80 year old blind resident, who was unable to communicate or assist with movement. The resident required the assistance of two CNAs for transfers. After transferring the resident, Tervil allegedly slapped the resident. She faces a charge of battery of an elderly person, which is a third degree felony. She faces a possible five year prison sentence as well as up to $10,000 in fines.

We discussed the tragic verbal, sexual, and emotional abuse of elderly residents on our blog on September 16, 2008. You will recall that this was the case where four teenage girls mercilessly abused elderly residents of the Good Samaritan Society of Albert Lea and were only detected when another employee turned them in. The abuse rendered by these employees ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

The Minnesota Attorney General has decided to become involved in this case. The Attorney General's Office contacted Freeborn County Attorney Craig Nelson offering help and resources. Mr. Nelson stated that he will be availing himself of the resources and will seek a specialist for consultation. Charges are expected to be formulated by the end of this week.

Hattie Baldwin, 49, was arrested on September 15, 2008 by investigators with the Attorney General's office. She has been indicted by the Hinds County grand jury on a charge of fraud against a nursing home resident. She is charged with forgery in the amount of $1,500.00. Her victim? A resident of a Madison nursing home, whom she did not even know. If Baldwin is convicted, she faces a prison sentence between two and ten years. She could also face a fine of $10,000 or face both a fine and a prison sentence.

Olive Fletcher, 89, had been a resident of Forest Hill Health and Rehab Center in East Moline, Illinois since January 2006. According to a state investigation, she died in October 2007 as a result of abuse and neglect she suffered while at the facility.

Ms. Fletcher suffered from dementia and was dependent upon the employees of the facility for her care. While a resident at Forest Hill, she fell three times. She was transported to the hospital for care after the third fall and doctors discovered that she was dehydrated and suffering from malnourishment. She died eleven days after the fall from kidney failure resulting from the dehydration.

The state investigated Ms. Fletcher's death and the facility was found to be in violation but was not fined. Officials said she was not properly hydrated. A lawsuit has been initiated on her behalf.

Verbal, sexual, and emotional abuse makes "work fun". At least, that's the opinion of four teenage girls employed as nursing home aides at the Good Samaritan Society facility in Albert Lea, Minnesota.

Residents targeted for the abuse suffered from Alzheimer's disease, dementia, or similar disease. The residents were targeted because "they don't have their minds". To "make work fun or to get a good laugh", the accused aides would close the curtain by the resident's bed to remain unseen. The abuse rendered by these employees ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

The abuse, which went on for months, was revealed to the facility by a fifth employee in her exit interview on May 2, 2008. She stated that she didn't report the abusive behavior sooner due to fear of reprisals by the other employees. The Albert Lea Police Department has conducted a separate investigation and has recommended that Freeborn County Attorney Craid Nelson bring charges against the girls. The girls also face possible inclusion on the state abuse registry for their actions.

Many nursing homes across America are trying to force residents and their families into arbitration when they have legitimate claimor nursing home abuse or wrongful death. The arbitration provisions are often buried into the admission agreements. For the most part, they are clearly designed to reduce the liability faced by the nursing home after it has negligently failed to care for a resident. After many legal battles, it appears that the federal government is poised to correct the abuse of power.

The Fairness in Nursing Home Arbitration Act of 2008 bill was approved by the Senate Judiciary Committee yesterday. The bill was designed for the express purpose of the rights of nursing home residents to hold nursing home facilities legally accountable for negligence and abuse.

Currently, disputes that arise between residents and facilities are governed by arbitration agreements contained within the admission paperwork. Once signed, the residents give up their right to hold the facility accountable for negligence and/or abuse that could result in injury or death for the resident. If a dispute arises, the resident is automatically forced into mandatory arbitration with the facility. As the arbitration agreement requires that the process is completely confidential, the facility never faces any public accountability for the damage that has taken place. The current bill pending will prevent eliminate the nursing home corporations' bargaining power through mandatory arbitration. Instead, arbitration will remain an option while leaving open the legal avenue for residents to pursue.

To read more concerning this matter, go to Senior Citizens Move Closer to Right to Hold Nursing Homes Accountable for Neglect, Abuse

Matthew F. Doyle, a 24 year old former nursing assistant at St. Elizabeth Community in Providence, Rhode Island, faces sexual assault charges stemming from a July 28, 2008 incident. In the alleged incident, Doyle is accused of assaulting a 69 year old woman suffering from advanced Alzheimer's disease. A grand jury handed up an indictment on Thursday, September 11, 2008 charging Doyle with two counts of first degree sexual assault. He is currently being held at Adult Correctional Institutions.

Nurse's Aide David Payne pled not guilty to two counts of First Degree Criminal Sex Act during his recent arraignment in City Court on September 9, 2008. Mr. Payne has been charged with sexually abusing an 89 year-old nursing home resident at Niagra Rehabilitation and Nursing Center in Niagra Falls, New York and may face possible additional charges as well. He is also a suspect in possible sexual assaults in nursing homes in both Lewiston and Ransomville, New York.

Mr. Payne was caught getting out of a patient's bed by another nurse's aide. The aide asked the resident if she was ok and the resident replied "No." The resident said that Mr. Payne entered her room, took off his pants, and sexually assaulted her. Mr. Payne reportedly told the victim that a doctor wanted to see her, but she never saw a doctor. Mr. Payne alleges that the patient's bed alarm was going off and he was readjusting it for her safety.

We will continue to follow this story.

The Tennessee Department of Health Commissioner Susan R. Cooper, MSN, RN has banned all new admissions to Briarcliff Health Care Center, located in Oak Ridge, Tennessee. The ban became effective as of September 3, 2008 and will remain in effect until conditions have been corrected. The facility also faces a one time state fine of $1,500 and a possible federal fine of $3,550 per day until the situation is remedied. Admissions to a nursing home are only banned when conditions at the facility are determined to be detrimental to the health and welfare of the residents.

The facility was investigated from August 25 through August 27, 2008. Surveyors found violations in administration, resident protection, and physician, nursing, and pharmacy services. Specifically, the facility failed to obtain lab results for two patients monitoring the amount of medication affecting heart rate and blood clotting. The patients involved have a history of health problems, including high blood pressure, stroke, congestive heart failure, and staph infections.

The facility also failed to maintain an appropriate temperature in a refrigerator used for medications. The unit maintained a 32 degree temperature and had a ice buildup inside the refrigerator and outside the freezer. The drugs in the refrigerator had manufacturer's warnings that the medications should be kept at temperatures between 36 and 45 degrees.

A physical therapist changing bandages on foot wounds on the feet of another patient failed to adequately sanitize her hands.

In an earlier blog, we discussed a Missouri Certified Nurse Assistant accused of second degree elder abuse. Michael Wells, a former co-worker and friend of Dennis Rowe, the accused, testified on September 11, 2008 in Jasper County Circuit Court at Rowe's preliminary hearing.

On April 14, 2007, the day of the alleged assault, both men were employed as Certified Nurse Assistants at Carthage Health and Rehabilitation Center and were in the room of Benny Crowley. Mr. Crowley, a resident in his late 30s, suffered a brain injury several years earlier and is wheelchair bound and oxygen dependent. He also has posed some behavioral control issues for the staff in the past. Wells testified that he asked Rowe how he managed to control Mr. Crowley while caring for him. Rowe shut the door of the room, told him that "this was how he and another man who had worked there in the past had handled him" and struck Mr. Crowley in his testicles as hard as possible. Mr. Crowley started crying and Rowe began slapping him in the face, asking who had done this to him. Mr. Crowley, confused, responded that his roommate had done it. Wells further testified that Rowe tipped back the wheelchair and held the water cannister of the oxygen concentrator up so that water went through the tubing into Crowley's nose and lungs, causing him to choke. Wells stopped the abuse at that point while Rowe laughed.

Wells testified that he did not immediately report the abuse to the facility because he felt conflicted due to his friendship with Rowe. Wells went to the facility administrator the next day because Mr. Crowley was unable to defend himself against the abuse.

Judge Richard Copeland found probable cause to order Rowe bound over for trial for second degree elder abuse. While Mr. Crowley is not considered elderly by definition, "elder abuse" in the legal sense refers to "anyone unable to protect their own interests or to adequately perform or obtain services they need". Rowe faces a possible five to 15 years in prison for the offense. His next court date is September 22, 2008.

We discussed Green Meadows Healthcare Center in our previous blog. As of September 9, 2008, Medicaid and Medicare funds to Green Meadows Healthcare Center were cut off due to the facility's inability to meet federal standards. Federal funds cover the majority of costs for nursing home care in Kentucky; some payments will continue through October 5, 2008 "to facilitate the orderly transfer" of residents from Green Meadows. The government action is a direct result of the Type "A" citation that the facility received as a result of an August 5 - 8 survey that revealed that residents were injuring other residents.

Green Meadows Healthcare Center is owned by Mount Washington Health Care, L.L.C.

Green Meadows Healthcare Center in Mount Washington, Kentucky has been cited by the State of Kentucky with a "Type A" violation, which is the most serious violation available. The citation came after investigators determined that the facility failed to provide a safe environment for its residents. The August 2008 survey found residents at substantial risk of serious harm or even death. The survey also revealed that residents have been involved in physical altercations, which included slapping, biting, hitting, kicking, and choking, with other residents. Other problems were also found. In one instance, there was an injury to a resident who was not provided with a wheelchair alarm, despite her needs. The direct result was six falls and a hospital visit. The facility was also found to have provided inadequate supervision or assistive devices for its residents to further prevent injury.

A former employee of Loyalton of Austin Assisted Living Center in Austin, Texas has been charged with injury to an elderly person for her role in jewelry thefts from residents at the facility. Gina Lewis, 23, has been accused of stealing jewelry from the residents in her care in May and June 2008. The jewelry was located at a local pawn shop after residents reported it missing.

Loyalton was cited in June 2008 for four violations during an inspection, which included failing to document continuing education for employees and failing to provide a site free of fire, health, or physical hazards.

A Salt Lake City man pled guilty to forcible sex abuse stemming from his July 2007 sexual abuse of an 85 year-old South Salt Lake nursing home resident. Jacob M. Bolith, 31, received the maximum sentence - 15 years in prison - for the second-degree felony. The victim's daughter called Bolith's actions "unconscionable" and believes that Bolith "deserves castration".

Crestwood Manor, a Vallejo, California skilled nursing home has been slapped with a AA citation, the most serious of citations and one that carries a $100,000 fine, for an October 2007 resident death. The resident, wheelchairbound and suffering from dementia, had no teeth and had a history of stuffing food into his mouth. In fact, the resident was known as the facility's "number one high risk for choking". It is unclear how the resident, who was on a pureed diet, obtained the cinnamon roll, which was contained in a vending machine.

Crestwood Manor had another AA citation in 2004.

Nursing homes are supposed to provide quality care for our loved ones. When quality care doesn't happen, facilities face possible fines on both the state and federal level. What people don't realize is that some nursing home fines remain uncollected for years after the fines are imposed.

Federally, the Centers for Medicare & Medicaid issued more than $5.3 million in fines to nursing home facilities in the past three years. To date, only approximately $500,000 has been collected.

The Department of Health and Human Services assessed $82 million in penalties against facilities for a two year period, yet less than $35 million has been collected.

On the state level, five Wisconsin nursing homes were assessed over $29,000 in fines. The homes did not appeal the fine assessements and the fines remain outstanding.

Wisconsin nursing homes were fined approximately $8.7 million and approximately $3 million remains uncollected. Some of the unpaid fines include penalties assessed to facilities that are no longer open.

Typically, nursing homes appeal the fines or attempt to reach a settlement figure. In the interim, the fines remain unpaid. Interestingly, if a nursing home agrees to accept the fine, the facility is granted a 35% reduction, even if the fines were incurred as the result of a wrongful death! Toby Edelman, a senior policy attorney with the Center for Medicare Advocacy, says that although fines are assessed, it is difficult to collect.

By not enforcing collection of penalities and fines, in essence, are we telling nursing home facilities that it is acceptable not to provide quality care for our loved ones?

To read more on this matter, go do Fines Sometimes Go Unpaid By Nursing Homes.

California bill AB 1629 was enacted by the California state legislature in 2004. Added at the last minute and under the radar, it was designed to establish a new reimbursement system for Med-Cal payments to nursing homes and provide substantial annual increases for nursing home owners. It provided an 11% increase in administrator's wages and provided an estimated $150-200 million in annual profits for the facility owners. Even the worst homes in the state profited under this law. The law was set to extinguish this year but has been extended until 2009. Governor Schwarzenegger and California legislature are recommending a two year extension with no further changes. Governor Schwarzenegger's current proposed budget is cutting public services for the elderly and disabled. Nursing homes appear to be the only Medi-
Cal providers who will see a profit - while complaints of mistreatment have risen 38% since the law took effect.

To read more on this subject, go to Publicly-Funded Nursing Home Profits Protected in California Budget While Vital Services Cut for Seniors and People with Disabilities.