Regulations RESIDENTIAL CARE FACILITIES FOR THE ELDERLY 87621
87621 COLOSTOMY/ILEOSTOMY 87621
(a) Except as specified in Section 87611(a), the licensee shall be permitted to accept or retain a resident who has a colostomy or ileostomy under the following circumstances:
(1) If the resident is mentally and physically capable of providing all routine care for his/her ostomy, and the physician has documented that the ostomy is completely healed.
(2) If assistance in the care of the ostomy is provided by an appropriately skilled professional.
(b) In addition to Section 87611(b), the licensees shall be responsible for the following:
(1) Ensuring that ostomy care is provided by an appropriately skilled professional.
(A) The ostomy bag and adhesive may be changed by facility staff who have been instructed by the professional.
(B) There shall be written documentation by an appropriately skilled professional outlining the instruction of the procedures delegated and the names of the facility staff who have been instructed.
(C) The professional shall review the procedures and techniques no less than twice a month.
(2) Ensuring that used bags are discarded as specified in Section 87303(f)(1).
(3) Privacy shall be afforded when ostomy care is provided.
NOTE: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1569.2 and 1569.312, Health and Safety Code.
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Regulations RESIDENTIAL CARE FACILITIES FOR THE ELDERLY 87621
Jury imposes maximum damages on Skilled Healthcare; nursing home chain faces upwards of $600 million for health code violations
The jury in the class-action lawsuit against Skilled Healthcare returned to Humboldt County Superior Court and rendered a verdict on Tuesday, opting to impose the maximum amount of damages totaling nearly $619 million for health code violations.
The verdict comes more than seven months after the start of the case, which is believed to be the longest civil suit in Humboldt County history.
”This is a really strong statement to Skilled Healthcare that they have to follow the law,” said plaintiff’s Attorney Michael Thamer, who delivered the closing arguments in the case and specializes in fighting corporate abuse. “They need to know that they are going to be held responsible.”
The issue at the heart of the case is a California statute that mandates 3.2 nursing hours per patient per day. The lawsuit covers the years 2003 to 2009, and represents a class of some 32,000 patients.
Along with the statutory damages, the jury awarded an additional $58 million for a violation of the California Consumer Legal Remedies Act, bringing the total damages to nearly $677 million.
Skilled Healthcare is one of the largest nursing home chains in the country, employing approximately 14,000 people. The company is based in Southern California, and operates 78 nursing facilities in seven states.
Eureka, Granada, Pacific, Seaview and St. Luke Healthcare and Rehabilitation are the five Skilled Healthcare facilities here in Humboldt County. The
Because of multiple changes to the computer system the courthouse uses to track cases, there is no way of determining how the length of the Skilled Healthcare lawsuit compares to previous Humboldt County civil suits. But many people in the courthouse say the trial, which began November 30 of 2009, is the longest civil suit in county history. And it isn’t over yet.
Next week the jury will decide the extent of additional punitive damages. Judge Bruce Watson will then decide if the court will issue an injunction against Skilled Healthcare that would mandate the company to keep staffing levels compliant with the law in the future.
Defense Attorney Kippy Wroten was not in court for the verdict and declined to comment, instead issuing a statement via e-mail.
”With respect to the court and to these judicial proceedings as a whole, we strongly disagree with the outcome of this legal matter. We remain confident that our facilities are well staffed and are extremely disappointed with this result. Unfortunately we cannot comment further as the matter is ongoing.”
The second phase of the jury trial, which will establish the net worth of the company in order for the jury in order to decide the extent of any punitive damages, is set to begin next week.
Cindy Cool testified earlier in the case on behalf of her father, a former patient at Eureka Healthcare and Rehabilitation before he died from complications of Alzheimer’s disease. Cool was in court again Tuesday, and had to fight back tears after she heard the verdict.
”I’m so thankful for this,” said Cool, who added that while it may be too late for her father to receive justice, she hopes the lawsuit makes things better for future patients. “We just want our loved ones to be taken care of.”
BY THE NUMBERS:
The following is a breakdown of the penalties imposed on Skilled Heathcare’s five Humboldt County facilities by the jury. These numbers include statutory damages and penalties for violating the Consumer Legal Remedies Act:
* Eureka Healthcare and Rehabilitation Center, LLC — $25,573,913
* Granada Healthcare and Rehabilitation Center, LLC — $30,880,270
* Pacific Healthcare and Rehabilitation Center, LLC — $13,620,239
* Seaview Healthcare and Rehabilitation Center, LLC — $26,732,565
* St. Luke Heathcare and Rehabilitation, LLC — $37,893,698
TOTAL — $134,700,685
SOURCE: mercurynews.com Matt Drange/The Times-Standard
Several experts have theories that Assisted Living and Residential Care for the Facilities for the Elderly (RCFE’s) occupancy has been linked to the unemployment rate.
Previous Stats ….According to the U.S. Department of Labor’s Bureau of Labor Statistics, there are nearly 31 million people currently unemployed — that’s including those involuntarily working part time and those who want a job, but have given up on trying to find one. In the face of the worst economic upheaval since the Great Depression, millions of Americans are hurting. “The Decline: The Geography of a Recession,” as created by labor writer LaToya Egwuekwe, serves as a vivid representation of just how much. Watch the deteriorating transformation of the U.S. economy from January 2007 — approximately one year before the start of the recession — to the most recent unemployment data available today.
The FBI along with other law enforcement and social agencies raided 4 homes in Paso Robles early Tuesday morning, arresting two people on charges of knowingly and intentionally concealing, harboring, and shielding illegal aliens within the U.S.
Maximino Morales, 44, and his wife Melinda Morales, 46 were taken into custody by federal agents without incident. They operated elder care facilities within the four homes. They were arrested on suspicion of recruiting and smuggling Fillipino nationals to the U.S. and then allegedly harboring the victims by forcing them to labor in working conditions that were sub-standard. They used threats of deportation and threatened harm to their families and them if they left their employment prior to paying off their debt. ( the cost of getting to the U.S. )
The investigation began last November when the FBI received some tips concerning allegations involving the abuse of workers employed at the four residential care facilities for elderly citizens in Paso Robles.
“The defendents in this case allegedly lured the victims with the promises of legitimate work and a better life in the U.S…Then smuggled them into this country through fraud and forced victims to work in rigorous, inhumane conditions, thereby depriving them of their basic civil rights,” said Steven Martinez, Asst. Director in Charge of the FBI in Los Angeles.
One resident in the house was David Haney when the FBI arrived this morning. “I just can’t believe that this is happening. I thought it was a fire drill.”
It was no drill though. Many FBI agents and other personnel came searching for evidence. “When I tried to pick up my dad, I tried to go in the house and of course I was stopped, ID’ed, I had numerous people surround me asking me for the same information, my address, my name, who I was,” said Keelen Haney.”
Doug Price, the FBI Asst. Special Agent in Charge said, “Often times we think of human trafficking in terms of some of these sexual crimes, like prostitution, but human trafficking covers all areas. It’s really when someone is held against their will…in a form of enslavement.”
He also noted that “it can be in many situations. This was an elder care facility. Again, it’s not what you normally think of in this type of situation, but there are many instances of where these types of things are happening.”
County social services say family members have already picked up thirteen of the seniors who had been living in the homes. There were a total of 19 living in the four homes that were raided and they will make sure the rest are cared for until their relatives arrive.
Neighbors said they were surprised to see what happened in their usually quiet street, Sleepy Hollow, which today didn’t seem to fit its’ name. “It’s surprising, it really is a surprise. I’m sorry to hear it because it is a great neighborhood. Never had a problem in the four years I’ve been here,” said Teresa Sollazzo.
Another neighbor however, thought a couple of things seemed a little odd. “I thought it was a little suspicious that I never saw the elderly people outside, and the workers were from what I heard encouraged not really to associate with the neighborhood,” said Debby Owens.
Both Maximino and Melinda Morales are anticipated to be released on bail tonight. The charge of harboring illegal aliens carries a maximum statutory penalty of ten years in federal prison on each count.
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