Elder advocates strongly support the Bill of Rights to clarify that residents have the right to visitation, phone calls, and mail.
Senate Judiciary Committee
Assisted living facilities and their trade association strongly oppose the Bill of Rights.
The California Assisted Living Association (CALA) is the only association solely representing Assisted Living providers throughout the state.
CALA represents over 460 Assisted Living communities and more than 100 associated businesses.CALA’s website ignores that rights of residents are often violated by their member facilities.
This Examiner covered stories of residents imprisoned and unlawfully isolated for years in assisted living facilities. Those residents may be subject to many other forms of abuse while denied contact with loved ones.
- In San Bernardino County, Jean Swope was imprisoned and isolated for over a year.
- In Santa Clara County, Gisela Riordan was imprisoned and isolated for over two years.
- In Monterey County, Margarita Zelada has been imprisoned and isolated since March 2013.
AB 2171 is a bill that only serves to promote frivolous lawsuits and pad the pockets of lawyers. This bill barely passed the Assembly Floor with 42 votes (20 “no” and 17 “not voting” or “abstained”) and will soon be heard in the Senate. This trial lawyer bill is also supported by labor. CALA and a growing coalition of opponents are working aggressively to defeat this blatant attempt to set Assisted Living up as a lawsuit generator. Thank you to all CALA members who contacted their Assemblymember urging a “NO” vote! Your help will be needed again as the bill moves through the Senate.Full Article and Source:
Living Trade Association Opposes AB271 to Curb Elder Abuse
4 comments:
Very important that this Bill pass.
You know who sets up assisted living as a "lawsuit generator?"
Assisted living companies who systematically violate the rights of residents.
The thing is, these residents already have all these rights and more under the U.S. Constitution and state tort law.
Since some of these violations of victims' rights occur in the guise of guardianship, there is state action sufficient to make these violations a federal matter.
So it's really just a question of which court you'd prefer to be sued in, folks.
If you violate the rights of these victims, you WILL be sued.
So, maybe your efforts would be better expended STOPPING these violations.
ALF's are so severely under regulated and the spotlight is on them, so I would expect them to fight like tigers to block anything designed to clean them up.
I hope AB271 passes. Thank you Linda Kincaid for all you do and NASGA as well.
Go get them, Linda!
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