CDCAN
CALIFORNIA DISABILITY
COMMUNITY ACTION NETWORK
DISABILITY RIGHTS
NEWS REPORT
#0029-2006 March 8, 2006 -
Wednesday
Advocacy Without Borders:
Connecting people with disabilities & seniors to rights and unified
action
1225 8th
Street Suite 480 - Sacramento, CA 95814 916/446-0013 Fax:
916/446-0026
Marty Omoto - director email: martyomoto@rcip.com
website: www.cdcan.us
California Superior
Court
* COURT APPROVES SETTLEMENT AGAINST
NURSING HOME CHAIN
* STATE'S 2ND LARGEST NURSING HOME CHAIN TO PAY $1 MILLION
IN FINES
* CASE FILED BY ATTORNEY GENERAL
LOCKYER
SACRAMENTO - Los Angeles County Superior Court Judge Laura Matz approved this morning (March 8) a
settlement of a major lawsuit filed by Attorney General Bill Lockyer
against the State's second largest nursing home chain. The settlement includes
payment of a $1 million fine, and steps that can be enfored by further court
orders, to immediately improve care its 30 facilities located in 14 different
counties. Ten of their 30 nursing home facilities, with a total of 4,374
beds, are located in Los Angeles County. The owner of the chain, Pleasant
Care Corporation and its subsidaries, had no official comment. [Note: a
copy of the approved court order and final judgement can be found on the CDCAN
website at www.cdcan.us]
The settlement will result in a permanent court order (or injunction)
that resolves a civil lawsuit filed by the Attorney General’s Bureau of Medi-Cal
Fraud and Elder Abuse in Los Angeles County Superior Court. That lawsuit
resulted from a number of reports of elder abuse and criminally negligent care,
including more than 160 citations that the California Department of Health
Services has issued against Pleasant Care facilities across the state over the
last five years for regulatory violations.
Pleasant Care currently operates 30 skilled nursing facilities in 14
different California counties, including: Alameda, Butte, Kern, Los Angeles,
Marin, Mendocino, Riverside, San Diego, San Joaquin, San Mateo, Santa Clara,
Santa Cruz, Sonoma and Sutter. Over the last five years the California
Department of Health Services has issued more than 160 citations and fines
against numerous Pleasant Care facilities for violations of regulations directly
impacting the health of people who are residents of those facilities, with
several citations, according to the Attorney General, involving violations
which presented "an imminent danger that death or serious harm would
result". Pleasant Care earlier had contested some of the citations.
In a related case, Pleasant Care
of Northern California, a wholly-owned subsidiary of Pleasant Care Corporation,
is scheduled to appear in Napa County Superior Court on Thursday (March 9) to
enter pleas in a criminal case filed by the Attorney Genera. That criminal case
charge Pleasant Care of Northern California of delivering "criminally negligent
care to patients" at its now closed Napa facility. The charges also include five
misdemeanor counts of elder abuse and one charge of willfully violating the
State laws and regulations protecting nursing home
residents.
Court Orders
Pleasant Care to Pay $1 Million Fine and $350,000 To Reimburse
State
The Superior Court ordered,
under the settlement approved Wednesday morning (March 8), Pleasant Care
Corporation to pay the following:
* $1 million in civil
penalties
* $350,000 to reimburse the state for investigative costs.
* Failure to fully comply with any provision of the injunction also
could result in additional civil penalties of up to $6,000 per violation,
other sanctions (court orders) deemed appropriate by the court, and an
order that could prohibit the Pleasant Care nursing homes from receiving state
and federal funds under Medicare and Medi-Cal (the state's Medicaid
program).
Under the terms
of the court order approved this morning, all 30 of Pleasant Care’s skilled
nursing facilities must comply with steps that will correct problems -
which the court can enforce with further court orders, that will immediately
improve the quality of care provided to thousands of elderly Californians,
including people with disabilities who reside in their facilities. These steps
include:
• Mandatory Staff Training - all Pleasant Care nursing home
staff must undergo training on proper care in such areas as wound treatment,
accurate record keeping, and the prevention of malnutrition and
dehydration.
• Abuse and Neglect Investigations - All of the 30
Pleasant Care nursing homes in the 14 counties, will be required to implement
policies to ensure prompt reporting and investigation of any alleged act of
abuse or neglect towards a resident, and staff persons reasonably suspected of
committing abuse must be placed on administrative leave during the course of the
investigation.
• Compliance Officer - Pleasant Care must hire a
Compliance Officer who will be responsible for ensuring that each of their 30
facilities complies with the law, properly responds to state and federal
investigations, and delivers proper levels of care to residents.
•
Independent Monitor - Pleasant Care will pay for an Independent Monitor,
selected in consultation with the Attorney General, who, under this court order,
has broad authority to order statewide quality of care improvements. The
Independent Monitor will report its findings to the Attorney General every
year, over the next five years.
• Nurse to Patient Ratio - Pleasant
Care must maintain nurse staffing ratio of 3.2 hours per patient, per day,
subjected to outside audits to ensure compliance, and ordered to pay "stipulated
fines" for any failure to maintain that required ratio.l
• Whistleblower
Protections - Pleasant Care must establish and maintain a whistleblower
program that allows their nursing home staff, residents and other individuals to
anonymously report suspected violations and mistreatment of residents. A log
detailing all complaints made and investigation outcomes also must be maintained
and made available to the Independent Monitor and the Attorney
General.
Background of
Lawsuit
* The Attorney General reported that In 2004, eight different
Pleasant Care nursing homes in California were found to have delivered
“substandard” care to residents in annual surveys conducted by the California
Department of Health Servies.
* In 2003, according to the Attorney General's
lawsuit, a resident at the Ukiah nursing home suffered a seizure and a blocked
airway, but the nurse on duty there was unable to effectively aid the resident
due to the fact that the facilities suction machines had not been kept in
working order. The resident died from acute cardiopulmonary arrest stemming from
his inability to breath.
* In 2004, according to the Attorney General's
lawsuit, a resident at their Novato facility suffered from a pressure sore that
was allowed to worsen so severely and resulted in the resident's death.
The coroner who examined the female resident later told the California
Department of Health Services that the autopsy showed that she had been
subjected to “abominable wound care management.”
* The Attorney General's
suit, also cited information by the State's Office of Statewide Health
Planning and Developement, that reported that Pleasant Care failed on a
consistent basis, to staff its nursing homes at the rate of 3.2 nursing
hours per patient, per day as required by state law.
Who and What
Does This Impact
* People Impacted: Nursing home residents are often
people who are elderly, but also include people with disabilities including
people with developmental disabilities and others, who may be there permanently
or temporarily due to an health issue or lack of services that prevent them from
remaining in their own homes
* Issues Impacted: the lawsuit and court order
has a direct impact to California's implementation of the federal Americans With
Disabilities Act (ADA), and the subsequent 1999 US Supreme Court Olmstead
Decision that required states to take steps to avoid unnnecessary
institutionalization of people with disabilities and seniors. It also has
potential impact on other state laws protecting people with disabilities and
seniors, including the Lanterman Developmental Disabilities Services Act (if the
resident is a person with developmental disabilities and eligible for regional
center funded services under the Department of Developmental
Services).
LIST OF PLEASANT CARE CORPORATION NURSING
HOME
FACILITIES IMPACTED BY COURT ORDER
ALAMEDA COUNTY - Total
1
* Emmanual Convalescent of Alameda
508 Westline Drive, Alameda, CA
94501 (# of beds: 151)
Phone: (510) 521-5765
BUTTE
COUNTY - Total 1
* Cypress Acres Convalescent Hospital
1633
Cypress Lane, Paradise, CA 95969 (# of Beds: 137)
Phone: (530)
877-9316
KERN COUNTY - Total 3
* Emmanuel Convalescent of
Parkview
329 North Real Road, Bakersfield, CA 93309 (# of
Beds: 184)
Phone: (661) 327-7107
* Emmanuel Convalescent of San
Joaquin
1611 Height Street, Bakersfield, CA 93305 (# of Beds:
237)
Phone: (661) 872-2324
* Pleasant Care Convalescent -
Bakersfield
730 34th Street, Bakersfield, CA 93301 (# of Beds:
150)
Phone: (661) 327-7687
LOS ANGELES COUNTY - Total 10
*
East Los Angeles Convalescent Hospital
101 Fickett Street, Los Angeles, CA
90033 (# of Beds: 99)
Phone: (323) 261-8108
*
Ember Care - Maclay
12831 Maclay Street, Sylmar, CA 91342 (# of beds:
141)
Phone: (818) 361-4455
* Ember Care -
Pomona
1550 N. Park Avenue, Pomona, CA 91768 (# of beds: 231)
Phone: (909) 623-0791
* Ember Care -
Glendale
201 Allen Avenue, Glendale, CA 91201 (# of beds: 94)
Phone: (818) 845-8507
* Ember Care -
Monte Vista
5125 Montevista Street, Los Angeles, CA 90042 (# of beds:
59)
Phone: (323) 254-6125
*
Emmanuel Convalescent Hospital of West Covina (Ambassador)
1495 W. Cameron
Avenue, West Covina, CA 91790 (# of Beds: 99)
Phone: (626) 962-4461
* Emmanuel Convalescent of
Norwalk
11510 Imperial Highway, Norwalk, CA 90650 (# of beds:
99)
Phone: (562) 868-6791
* Emmanuel Health Care and Rehabilitationj
Center (Glendora)
805 West Arrow Highway, Glendora, CA 91740 (# of
Beds: 342)
Phones: (626) 331-0781
* Emmanuel
Manor of Glendora [intermediate care facility]
805 West Arrow Highway,
Glendora, CA 91740 (# of Beds: not reported)
Phone: (626) 331-0781
* Emmanuel Health
Care - Pinecrest
6025 Pine Avenue, Maywood, CA 90270 (# of Beds:
133)
Phone: (323) 560-0720
MARIN COUNTY - Total 1
* Novato
Convalescent Hospital
1565 Hill Road, Novato, CA 94947 (# of Beds:
181)
Phone: (415) 897-6161
MENDOCINO COUNTY - Total 1
*
Pleasant Care Convalescent - Ukiah
131 Whitmore Lane, Ukiah, CA 95482
(# of Beds: 99)
Phone: (707) 462-6636
RIVERSIDE COUNTY - Total
3
* Pleasant Care - Riverside
8781 Lakeview Avenue, Riverside, CA
92509 (# of Beds: 188)
Phone:(909) 685-1531
* Pleasant Care
Convalescent - Corona
1400 Circle City Drive, Corona, CA 91719 (# of
Beds: 99)
Phone: (909) 735-0252
* Ember Care Health Center of
Perris
2225 Perris Blvd, Perris, CA 92571 (# of Beds: 109)
Phone:
(909) 657-2135
SAN DIEGO COUNTY - Total 2
* Pleasant Care
Convalescent - Vista
247 East Bobier Drive, Vista, CA 92084 (# of Beds:
187)
Phone: (760) 945-3033
* Pleasant Care Nursing and Rehabilitation
Center - San Diego
2828 Meadowlark Drive, San Diego, CA 92123 (# of
Beds: 305)
Phone: (858) 277-6460
SAN JOAQUIN COUNTY - Total
2
* Arbor Convalescent Hospital
900 North Church Street, Lodi, CA
95240 (# of Beds: 152)
Phone: (209) 333-1222
* Good Samaritan
Rehabilitation and Care Center
1630 North Edison Street, Stockton, CA
95204 (# of Beds: 99)
Phone: (209) 948-8762
SAN MATEO COUNTY
- Total 1
* Emmanuel Convalescent Hospital - Millbrae
33 Mateo Avenue,
Millbrae, CA 94030 (# of Beds: 140)
Phone: (650)
583-8937
SANTA CLARA COUNTY - Total 2
* Emmanuel Convalescent
Hospital of San Jose
180 N. Jackson Avenue, San Jose, CA 95116 (# of
Beds: 199)
Phone: (408) 259-8700
* Emmanuel Convalescent Hospital of Los
Gatos
371 Los Gatos Blvd., Los Gatos, CA 95032 (# of Beds:
124)
Phonel: (408) 356-3116
SANTA CRUZ COUNTY - Total 1
*
Pleasant Care Rehabilitation and Nursing Center of Santa Cruz
2990 Soquel
Avenue, Santa Cruz, CA 95062 (# of Beds: 99)
Phone: (831)
479-6950
SONOMA COUNTY - Total 1
* Pleasant Care Convalescent -
Petaluma
523 Hayes Lane, Petaluma, CA 94952 (# of Beds: 90)
Phone:
(707) 763-2457
SUTTER COUNTY
Emmanuel Convalescent Center -
Yuba City
521 Lorel Way, Yuba City, CA 95991
# of Beds: 151
Phone:
(530) 674-9140
How To Receive CDCAN Capitol
News Reports and Alerts
The California Disability Community Action Network is a
non-partisan link to tens of thousands of Californians in every community,
including people of color, people of every type of disability, including people
with physical disabilities, people with developmental and other disabilities,
people with traumatic brain and other injures, people with mental health needs,
seniors, people with MS, Alzheimers and others, and all of their families,
community organizations and providers, direct care and other workers, and other
advocates. These action alerts and news reports is for all of them.
If you would like to get on this distribution (and conversely, get off of
it) please send an email with that request to: martyomoto@rcip.com OR sign up via the NEW
CDCAN website at www.cdcan.us Sharing information is part of
our organizing effort. Please feel free to forward or copy this
(attribution is nice but not necessary). We're all in this together!
MANY
THANKS to Training Toward Self Reliance, UCP, The University Affiliated
Programs, CHANCE Inc, Arriba, Strategies Toward Empowering People, Parents
Helping Parents, Asian American parents groups, Resources for Independent Living
and many other Independent Living Centers, several regional centers, People
First chapters, IHSS workers, other self advocacy and family support groups
California Disability Rights Inc , CA NAELA, developmental center families, and
hundreds of individuals like Maureen Fitzgerald, Terri Lantz, Christal Hopkins,
Lisa Brown, Anna Wang, Dennis Dishaw, Bob Benson, David Engberg, Connie Arnold,
and so many others who through their support and contributions, make the
non-partisan CDCAN reports and townhall telemeetings possible. Thanks also
to partnerships and the good people with the State Council on Developmental
Disabilities, and also the Department of Health Services, the Department of
Developmental Services, Department of Social Services and the CA Health and
Human Services Agency and other agencies, and the State Legislature and staff,
the Legislative Analyst Office. Good people who do good things can make a
difference togethe