Los Angeles Accused of Pushing Nursing Home Abuse Investigations Through Without Completion
According to internal memos, the push – called the “Complaint Workload Cleanup Project” – has been going on since 2012. Now, both state and federal officials are investigating the complaint.
Nearly one-third of all California’s nursing homes are in Los Angeles County.
The federal Centers for Medicare and Medicaid Services is conducting an inquiry separate from California investigators. “CMS recently was made aware of allegations concerning the quality and integrity of nursing-home inspections in Los Angeles County, and we are looking into those allegations,” spokesman Jack Cheevers said.
According to confidential memos, Los Angeles County public health supervisors told their team of investigators to close complaints that were submitted anonymously, marking them “No Action Necessary,” after looking into the facility’s investigation history. If the facility in the complaint had two recent inspections that did not reveal any problems similar to the ones in the complaint, the anonymous complaint would be termed “unsubstantiated.” Inspectors were also told to close cases filed directly by the nursing homes if the facility had been in compliance in a prior inspection.
However, inspectors were told to fully investigate a complaint when it involved nursing home abuse or neglect. However, nursing home complaints often involve insufficient staffing, misconduct, or unsafe conditions which could lead to patient injuries and later complaints of nursing home abuse and neglect.
“Abuse and neglect cases are not the only cases that lead to harm or death,” said Molly Davies, coordinator of the WISE & Healthy Aging Long-Term Care Ombudsman Program for L.A. County, whose position is partially funded by the state and federal governments. “There are other egregious types of complaints.”
Michael Connors, an advocate with California Advocates for Nursing Home Reform, said Los Angeles County’s actions were “unconscionable.” “They are supposed to take action to protect people from harm,” he said. “They are supposed to set out right away, investigate and take action to stop it from occurring. … They don’t have the option of picking and choosing.”
Division chief Ernest Poolean, of the health facilities inspection division for L.A. County Department of Public Health, defended the decision, stating that a huge backlog of complaints had led to several remaining on inspectors’ desks for a long time without a resolution, and the push to close cases was intended to help clean up some of the oldest cases.
Poolean blamed staff shortages for the backlog problem.
Under California state law, an investigation into a facility complaint, whether it involves unsafe conditions or nursing home abuse, must be initiated within 10 days; if the case involves the imminent threat of death or serious harm, then the case must be initiated within 24 hours.
Last month, Assemblywoman Mariko Yamada (D-Davis), who chairs the aging and long-term care committee, proposed new legislation that would require the state to complete investigations within 40 days. She also requested an audit of the state public health department’s investigative process. Among the questions she posed were, “How many current investigations have been open for more than two months? Four months? Six months? One year? 18 months? Two years? Three years or more?”
Reportedly, the delays have been so bad in California that patients have died while waiting for a nursing home abuse or neglect complaint to be resolved.
The Strom Law Defends Victims of Nursing Home Abuse and Neglect
If your loved one has physically suffered, or died wrongfully, due to neglect or abuse in a nursing home, you may have a nursing home abuse case. The attorneys at the Strom Law Firm understand the sensitive nature of elder abuse cases, and will treat you with respect and compassion. It is important to fight elder abuse so you, your family, and others no longer suffer because of criminal behavior. We offer free, confidential consultations to discuss the facts of your case. Contact us today for help.803.252.4800
