Showing posts with label Ombudsman. Show all posts
Showing posts with label Ombudsman. Show all posts

Wednesday, September 16, 2026

The Guardian You Probably Haven’t Heard Of That Is Protecting RI’s Aging Population

By Lori Light and Carol Anne Costa












PHOTO: Hermes Rivera, Unsplash

As Rhode Island’s population rapidly ages, our state stands at a demographic crossroads. Nearly one in four Rhode Islanders is now age 60 or older, and RI consistently ranks among the highest in the nation for the proportion of residents aged 85 and above. Whether living in nursing homes, assisted living facilities, or receiving licensed care at home, thousands of older Rhode Islanders rely on long-term care services and support every day.

 And yet, behind the doors of long-term care facilities, a critical system of protection often goes completely unnoticed until a resident, patient, or family faces a crisis.

That protection rests in the office of the Rhode Island State Long-Term Care Ombudsman Program. 

Let’s be honest, "Ombudsman" is a cumbersome and funny word. It’s a Scandinavian term that roughly translates to "independent advocate" or "citizen's representative." Despite its formal, unusual name, the role of an ombudsman is straightforward and can be incredibly impactful. The Ombudsman is the eyes, ears, and voice for long-term care residents, patients, and consumers across RI.

Full Article and Source:
The Guardian You Probably Haven't Heard That is Protecting RI's Aging Population 

Friday, December 13, 2024

Woman says guardian wouldn’t allow her to play Bingo, so Dayton ombudman steps in


By The Ombudsman Office

Editor’s note: The Dayton Ombudsman Office provides weekly columns to the Dayton Daily News to bring awareness to issues it sees. The column was recently moved to the Ideas & Voices section to help readers identify solutions to common problems in their communities.

The Ombudsman Office received a phone call from a woman who knows the Ombudsman from our regular visits to the nursing home where she resides. The resident stated her guardian will not permit her to attend monthly Bingo at a local church and she does not believe it is fair. The resident shared that she has friends who attend Bingo and enjoys meeting with them once a month. The resident asked if an Ombudsman could help her attend Bingo each month.

The Ombudsman traveled to the nursing home, met with the resident and obtained her permission to investigate and advocate on behalf of the resident. The Ombudsman then met with the nursing home administrator (NHA) to determine what, if any, restrictions had been put in place by the guardian. The NHA explained the guardian contacted the nursing home in September and stated the resident was no longer permitted to leave the building without the guardian’s permission.

Thereafter, in October and November, the resident asked if she could attend Bingo at the local church. The nursing home staff contacted the guardian and asked if the resident could attend Bingo at the local church. The guardian stated the resident could not attend Bingo because it’s a waste of her money.

The Ombudsman then scheduled a meeting with the guardian and the resident. During the meeting, the Ombudsman explained to the guardian that Bingo was important to the resident, and she had made several friends who attend Bingo. The guardian stated he did not want the client to waste her limited income at Bingo and that he was trying to protect the resident.

The Ombudsman then informed the guardian that the resident spends less than $5 at Bingo and that she attends the event to socialize with her friends. The Ombudsman asked the guardian if the client agrees to spend $5 or less at Bingo, would he consent to her attending Bingo once a month at the church. At first, the guardian said it was a waste of $5 and the amount in question did not change his mind. The Ombudsman then explained the resident’s request to spend $5 in exchange for 3 hours of socialization with her friends was wholly reasonable.

The Ombudsman stated that if the guardian did not agree to at least give the resident a chance to attend Bingo on a $5 budget, a complaint would have to be submitted to the Probate Court. The guardian then asked what the nature of the complaint would be. The Ombudsman explained the complaint would focus on the guardian’s failure to consider the wishes of the resident and that there was no evidence the resident was unreasonably spending her money.

The Ombudsman received a call from the guardian the following day and he stated he just informed the nursing home the resident was permitted to attend Bingo at the local church. The guardian also stated the client could spend no more than $10 per month for Bingo. The guardian stated he thought the client was spending $30 each time she attended Bingo, but he confirmed the resident only spent $5 per month at Bingo. The Ombudsman then contacted the resident and informed her the guardian had agreed she could attend Bingo and she could spend up to $10 per month at Bingo. The resident laughed and said spending more than $5 would be a waste of her money, but she was excited to be able to see her “Bingo friends” every month.

Full Article & Source:
Woman says guardian wouldn’t allow her to play Bingo, so Dayton ombudman steps in

Monday, September 21, 2020

State ombudsman: Investigation into Norwich nursing home won’t end with closure order

American Ambulance Crew arrives at Three Rivers Healthcare
By Claire Bessette

Norwich — The state long-term care ombudsman’s office started getting complaints from residents at the Three Rivers Healthcare nursing home just as the state Department of Public Health stationed staff daily at the home during a spike in COVID-19 cases that eventually infected 22 residents and six staff, leading to four residents’ deaths.

But state Long-term Care Ombudsman Mairead Painter said Thursday that her team of regional ombudsmen and support staff could not enter the facility or any other nursing home in the state. The ombudsman’s office representatives are considered to be “visitors,” no different than family and friends and are prohibited from entering nursing homes under federal COVID-19 protective guidelines from the Centers for Medicare & Medicaid Services.

Painter said she has been trying to get the prohibition changed, to have her staff considered “essential health care oversight” to allow them to enter nursing homes and meet with residents, providing additional eyes on the levels of care and potential problems at homes. Prior to COVID-19, ombudsmen would visit residents, ask questions and leave their cards for people to contact them.

“There is unquestionably less oversight right now due to people not being in the building,” Painter said Thursday, one day after the state  ordered the nursing home closed and all residents relocated. “That’s normally where we get a lot of complaints. Family might see something that may be wrong, maybe not even involving their own relative, and pass it along to us.”

Painter said she has been working with many family members of the 53 residents at Three Rivers who will be relocated. Several have contacted her office since Wednesday’s announcement. Several said they already were trying to move to other facilities, because they felt they were not getting proper care at Three Rivers.

Painter said the closure of the nursing home does not mean the investigation is over and the state is “moving on.” Staff attorneys at the ombudsman’s office are tied to the state Attorney General’s Office, which is investigating. The state’s attorney’s office is involved to investigation possible criminal violations, and DPH and the federal Centers for Medicare & Medicaid Services also will investigate.

“These are people with licenses in our state and with the federal government to provide this care, and that’s why it’s important for them to be held accountable,” Painter said.

Department of Public Health inspectors and staff have been at the Three Rivers home since mid-August, when the COVID-19 outbreak became known.

“It was all alarming to me,” Painter said of the extensive and detailed inspection reports and notices of violations written by DPH investigators. “What raises questions to me is, how do we make sure management is held accountable for these things? Many of these are not (COVID-19) related. These are normal nursing home operations, these are misses.”

DPH acting Commissioner Deidre Gifford issued the unusual emergency order Wednesday that the facility be vacated of all residents, with the 17 residents infected with COVID-19 and the seven under observation for possible infection going to the state-approved COVID-19 facility, Riverside Health and Rehabilitation Center in East Hartford. The remaining 29 residents are receiving top priority at nursing homes of their choice in the greater Norwich area.

DPH has released two extensive inspection reports based on investigations of residents’ care records and interviews with staff and residents. The first report, released Aug. 31, chronicled how a registered nurse had vacationed out of state with family and returned to work feeling sick, frequently interacting with staff and residents without a mask while family members were sick at home awaiting COVID-19 tests.

The second, 71-page report and a 35-page violation notice were released Monday detailing investigations of daily care records, administering of medicines and staffing levels. By Sept. 10, state officials determined that a temporary manager was needed to oversee a corrective plan ordered to be done by Sept. 30. The report found lack of documentation on daily patient care records, times when an entire wing was left without staffing and patients not provided proper hydration.

The report also said 29% of staff — 16 of the 55 employees — had not received required weekly COVID-19 tests.

After 30 hours at the facility, state-appointed temporary manager Katharine Sacks reported that the problems were beyond correcting and recommended the home be closed — the first time such an order has been given by the state in the collective memory of state officials with 20 to 30 years of service who attended Wednesday’s news conference.

The relocations will be done slowly and carefully, Sacks said, about 10 per day starting with the COVID-19 residents.

Families concerned

Painter said Thursday residents and family members she has been in contact with are concerned about the level of care they will receive at Three Rivers while waiting to be relocated. Painter said she is confident proper care will be provided, with Sacks’ 30 years of experience dealing with troubled nursing homes and DPH's daily presence at the home.

Painter’s office held an online meeting with family members Wednesday morning prior to the state’s closure announcement and will have another live meeting with families Friday to answer “high level” questions and arrange for individual meetings to answer specific concerns one-on-one.

William Alvarez, husband of Three Rivers resident Noelle Henderson Alvarez, said he is seeking assistance from the state to allow his wife to be discharged to their home, a handicapped-accessible apartment in Wequonnoc Village in Taftville. Alvarez said his wife, 55, suffered a stroke in 2018 and has been at Three Rivers since then.

He said he saw a report of the state’s order to close the nursing home on TV on Wednesday night.

“I believe they should go in there and clean up house, the entire facility and hire new staff,” he said Thursday, “and I would prefer to have the state purchase the property, or have it condemned. It’s not the patients’ fault, it’s the staff or the owners for not hiring the proper people.”

Alvarez and his wife’s sister, Meliss Swanson, who is conservator for Noelle, have been trying to get Noelle discharged but Three Rivers had refused the request. The family believes William Alvarez and home nursing visits could provide the proper care, and Noelle, a retired nurse on disability, could become more independent and happier.

“I would love my wife to be home again,” William Alvarez said. “She’s only a young lady of 55, and I want to see her smile again. No one gives her a hug and loves her there.”

 
Full Article & Source:

Sunday, September 20, 2020

New Mexico launches partnership to strengthen accountability within nursing homes

by Erika Esquivel


LAS CRUCES, N.M. (KFOX14/CBS4) — The state of New Mexico has created a new partnership between the state Attorney General, State Auditor and Ombudsman to protect seniors and specialized care individuals at nursing homes and long-term care facilities from poor or abusive treatment.

The Ombudsman will also partner with the Department of Health and Adult Protective Services to review data and elevate complaints to executive departments that have the power to investigate, level civil penalties and prosecute if needed.

The creation of this partnership follows a request by Governor Michelle Lujan Grisham for the Ombudsman to review complaints occurring during the COVID-19 pandemic and to recommend a course of action to increase support for residents and their families.

“This new process will take a hard look at the information and complaints we are seeing come from families, residents, and surveyors, with the goal of expanding accountability and increasing the standard of care across New Mexico,” said Aging and Long Term Secretary Katrina Hotrum-Lopez.

“We must work together and leverage the tools of our offices to protect vulnerable New Mexicans from anyone who would defraud or abuse them,” said Hector Balderas, New Mexico Attorney General. “Through this collaboration, we will continue to aggressively prosecute and hold individuals accountable for horrific abuse."

The partnership is designed to ensure that all complaints are expediently handled by setting up a direct referral process coordinated by the Ombudsman, working closely with not just the Attorney General and Auditor but local district attorneys, the Department of Health and the Office of the Superintendent of Insurance as needed.

“At a time when we need strong oversight for our seniors and care dependent New Mexicans, this referral process will enable residents and their families to restore their dignity and seek the justice they deserve,” said Zack Quintero, New Mexico State Ombudsman. The State Ombudsman Program has recently started a new statewide initiative of wellness, dignity, and access to justice during COVID-19; this announcement is part of that initiative.

“These efforts help champion the Office of the State Auditor’s fight against fraud and abuse, increasing avenues for identifying risks related to financial affairs and guardianship and conservatorship matters within our purview,” said Brian Colón, New Mexico State Auditor. “New Mexicans deserve financial transparency and protection and we look forward to working with the Attorney General and Ombudsman to better serve one of our most vulnerable populations.”

The New Mexico Long-Term Care Ombudsman Program provides advocacy and resident-centered protection of the rights of New Mexicans living in long-term care facilities. To that end, the Ombudsman Program provides individual and systemic advocacy on behalf of long-term care residents.

Full Article & Source:

Wednesday, October 30, 2019

California Nursing Home Residents Told To Find New Homes

(DigitalVision Vectors/Getty Images)
Some of California’s most vulnerable nursing home residents, many of whom have nowhere else to go, are receiving letters from their health care plans saying they are no longer eligible for long-term care.

In one notable example, three dozen nursing home residents in San Luis Obispo County were informed on the same day that their Medi-Cal managed-care plan was cutting off payment for nursing home care, said Karen Jones, the county’s long-term care ombudsman.

The residents included a 68-year-old amputee with diabetes, memory loss and kidney disease who required dialysis three times a week, and an 82-year-old man with congestive heart failure and diabetes who wasn’t strong enough to transfer himself from his bed to a wheelchair, Jones said.

“It just felt like we were tossing our seniors and disabled adults,” Jones said of the letters, which arrived in September 2018 and sparked a year-long dispute. “‘Sorry, we’re going to save some money here.’ That’s exactly what it felt like.”

The California Department of Health Care Services, which administers Medi-Cal, the state’s Medicaid program for low-income people, said the terminations by the managed-care plan, CenCal Health, were isolated, a perspective some long-term care advocates share. CenCal said it was just following protocol, examining the books to make sure members still met the qualifications for long-term care under Medi-Cal.

But California Healthline interviewed multiple long-term care advocates and legal aid attorneys on the Central Coast and other parts of the state who said they have witnessed an increase in coverage denials for nursing home residents covered by Medi-Cal managed-care plans. They worry such denials may soon become more commonplace: Medi-Cal nursing home care in all 58 counties will be placed under managed care beginning in January 2021, the state announced recently — up from 29 counties currently.

Under managed care, the state pays plans a monthly rate for each recipient to provide all of the medically necessary services that person needs. By comparison, under traditional “fee-for-service” Medi-Cal, the state compensates medical providers directly for each service they render.

California and other states increasingly are moving their Medicaid patients into managed care, arguing that the model saves money and also improves members’ health by coordinating care. More than 80% of the 12.8 million Californians on Medi-Cal are covered by managed care.

Long-term care advocates fear that the trend means more frail people will be forced out of nursing homes as managed-care plans look to their bottom lines.

“We’re looking at multiplying this problem across the state,” said Leza Coleman, executive director of the California Long-Term Care Ombudsman Association.

The typical nursing home population in California is about two-thirds Medi-Cal, and many have given up everything — their apartments or mobile homes, their furniture, their burial insurance — to qualify, said Lonnie Golick, ombudsman for Shasta, Trinity, Siskiyou, Modoc and Lassen Counties in Northern California. Golick said she’s received a number of complaints against Partnership HealthPlan of California about coverage terminations. “They gave up their whole life,” she said. “And then they’re told, ‘It’s time to go.’”

Exacerbating the problem, Coleman added, is a shortage of assisted living facilities willing to serve Medi-Cal patients who no longer qualify for nursing home care.

To be eligible for nursing home coverage under Medi-Cal, individuals must have medical needs that require continual, around-the-clock care to prevent significant illness or disability, or alleviate severe pain.

CenCal sent the termination letters to the San Luis Obispo County nursing home residents as part of the process of reviewing their eligibility, said Bob Freeman, CenCal’s CEO. Normally that process is spread out over the year, he said, but the plan got “backed up” on evaluations, which is why so many patients were notified at once.

“We don’t like to do this,” he said. “It’s destabilizing; we don’t want to disrupt people’s lives. We do have state regulations that we have to follow.”

Last month, the Department of Health Care Services sent Medi-Cal managed-care plans a notice clarifying that federal law allows residents to stay in nursing homes to receive “intermediate care”; in essence, plans should pay for lower levels of care rather than terminating coverage.

Freeman said the plan is reconsidering some residents’ eligibility, given the clarification. And Jones, the San Luis Obispo ombudsman, said CenCal recently hired a new nurse who has begun restoring eligibility for some residents in certain homes.

But residents of other homes — and in other regions — are still facing denials.

David Green, 60, a registered nurse in Santa Barbara County, said his 90-year-old mother received a letter last year telling her CenCal would no longer pay for her care at Marian Extended Care Center in Santa Maria.

She had landed in a nursing home in 2016 after a bout of sepsis, he said. At first, she was so weak, she couldn’t walk. By the time she got the letter, her strength had improved, but she still had diabetes, kidney disease, hypertension, atrial fibrillation, breast cancer, memory loss and pain in her artificial knees, Green said.

Green sought out the Santa Barbara County ombudsman and, later, a lawyer. Eventually, he prevailed — but he’s always on alert for another letter.

“It’s very nerve-racking,” he said.

Tessa Hammer, the attorney from Legal Services of Northern California who helped Green, said she has worked on seven such cases out of Santa Barbara County, as well as a handful in the state’s rural northern counties. She’s concerned about residents who don’t have family advocating for them.
“I’m not sure where those folks might end up,” she said.

Golick, the ombudsman for several northern counties, said a man in his 80s in Trinity County received a notice from Partnership HealthPlan earlier this year that he was no longer covered for nursing care he’d depended on for a decade. Like many elderly residents, she said, he felt he had no choice but to comply. He told her he might sleep on someone’s couch, or in his brother’s car.
“Rural areas are really scary,” she said. “Where the hell do you go?”

Dustin Lyda, a spokesman for Partnership, said the plan doesn’t track data on these kinds of coverage denials, but anecdotally hasn’t noticed an upsurge. Lyda said the plan works with facilities, doctors and family members to determine a patient’s needs. If Partnership determines skilled nursing is no longer medically necessary, it works for 60 days to find an alternative solution, he said.

In the meantime, nursing homes find themselves in a difficult situation. They cannot legally discharge residents who don’t have a safe place to go, but they are no longer paid to keep them. In some cases, including in San Luis Obispo, nursing homes have kept residents without pay.

“We’re all watching this closely,” said Craig Cornett, CEO of the California Association of Health Facilities.

Full Article & Source:
California Nursing Home Residents Told To Find New Homes

Saturday, February 23, 2019

Jarring photo of elderly woman slumped over pillow in Ohio nursing home sparks investigation

Click to Watch Video
CANTON, OH (WOIO) - You may have seen this heartbreaking photo on Facebook.

It has been shared more than 20,000 times and it’s causing concern about the woman pictured.

Julia Wiggins, the family’s pastor, posted these photos to Facebook on Feb. 19.

The woman pictured is 80-year-old Esther Brown, a resident of Altercare Nobles Pond in Canton.

Her son, James Brown, said they have filed a complaint with the facility about the care his mother is receiving.

Cleveland 19 News reporter Sia Nyorkor spoke to Beverly Laubert, State Long-Term Care Ombudsman with the Ohio Department of Aging regarding the allegations.

The department advocates for people receiving nursing home care, home care and assisted living.

Laubert said when they saw the social media post, it was “very disturbing” and “worthy of an investigation.”

Representatives visited with the family Thursday.

The Ohio Department of Health and The Ohio Department of Aging have been notified and are both looking into the situation.

Altercare Nobles Pond said in a statement:
“We were informed of a family complaint on February 15, 2019. We have followed the protocol established regarding any allegation, including immediately reporting the concern to the Ohio Department of Health and completing an internal investigation.”

The Altercare Nobles Pond Executive Director also placed a return phone call to the person who made a post on Facebook regarding this situation:
“We are in contact with her family including her son who visits daily. The resident is in no distress and remains well cared for by the Altercare Nobles Pond team of dedicated professionals. She is comfortable and safe.”

The Ombudsman offers these resources for those who have concerns about their loved ones:
Ohio’s Long-Term Care Consumer Guide that includes Ohio Department of Health regulatory reports and our satisfaction surveys; providers also have the opportunity to add information about their care and services but many do not take advantage of that opportunity.

Ohio Department of Health site to search for providers and obtain survey reports in a printable format.

Federal Centers for Medicare & Medicaid Services site to search for nursing homes and obtain enforcement information and quality measure data among other provider details.

Full Article & Source:
Jarring photo of elderly woman slumped over pillow in Ohio nursing home sparks investigation

Wednesday, December 13, 2017

Former long-term care ombudsman charged with stealing money from resident

An Illinois woman has been arrested after allegedly attempting to steal more than $15,000 from an assisted living resident while serving as a long-term care ombudsman.

Mary Pfingston, 41, was arrested Thursday and charged with felony elder theft, theft of $10,000 to $100,000, financial exploitation of an elderly person and three counts of public contractor misconduct.

Authorities began investigating Pfingston in 2015 after receiving a complaint that said she had made “several suspicious transactions” from the bank accounts of an assisted living resident she was representing. Among the reported transactions were an attempted wire transfer of $15,000 and cashing a $4,000 check, the Chicago Daily Herald reported.

Pfingston had been employed by Senior Services Associates, which was contracted by the Illinois Department of Aging to provide ombudsman services, according to the newspaper.

Bette Schoenholtz, executive director for Senior Services Associates, declined to comment to McKnight's Long-Term Care News about the specifics of the case, but stressed that residents, family members or staff who see “anything unusual” in a long-term care facility should report it to authorities or the ombudsman program in order to protect residents.

If convicted Pfingston faces up to seven years in prison; she's scheduled to appear in court Dec. 15.

Full Article & Source:
Former long-term care ombudsman charged with stealing money from resident

Tuesday, September 13, 2016

Advocate for elderly fired

Sondra Everhart
SANTA FE – The administration of Gov. Susana Martinez fired the state’s chief advocate for the elderly in long-term care facilities, alleging she wrongly released documents to the Journal in response to a public-records request, according to a lawsuit filed Tuesday.

The Department of Aging and Long-Term Services in June dismissed Sondra Everhart, who served for more than a decade as state long-term care ombudsman.

In firing Everhart, the department said reports of ombudsman visits to boarding homes in the Las Vegas, N.M., area were exempt from disclosure under the state Inspection of Public Records Act and shouldn’t have been provided by Everhart to the Journal in April in response to a written request under the act .

Everhart’s firing was disclosed in a lawsuit filed by her attorneys in state District Court in Santa Fe.

The lawsuit says Everhart was legally authorized to release the records to the Journal and that, contrary to the position of the Department of Aging and Long-Term Services, the documents were adequately redacted to protect the identities of residents of boarding homes.

The lawsuit also says Everhart was fired by the department in retaliation for her advocacy for the elderly. That included her request that the Department of Aging and Long-Term Services do more to protect the elderly from financial exploitation, her proposal that the ombudsman office be separated from the department and her attempts to combat Medicaid fraud by the department.

Everhart said in an interview Tuesday that the ombudsman office is supposed to operate independently under federal and state law, but that the Department of Aging and Long-Term Services didn’t give her that independence.

She said she was fired “because I’m not a bobblehead.”

Her lawsuit seeks financial damages under the state Whistleblower Protection Act and the Fraud Against Taxpayers Act.

A spokesman for the Department of Aging and Long-Term Services said the agency hadn’t yet seen the lawsuit, but he said Everhart is a disgruntled former employee.

Under state law, all ombudsman records pertaining to clients, patients and residents are confidential and don’t have to be disclosed under the Inspection of Public Records Act.

However, state regulations require that the ombudsman make a reasonable effort to grant a records request when it is possible to do so without revealing client identifying information.

Everhart redacted names of boarding home residents from the reports provided to the Journal, but the department said the reports “imply the identities of complainants and residents, and include identifying information such as place of residence, and in some instances, age and circumstances of boarding.”

Linda Hemphill, an attorney for Everhart, was unsuccessful in persuading the department not to dismiss Everhart.

Hemphill argued in a letter to the department that Everhart was legally obligated to release the records and that the redactions were sufficient to protect the identities of boarding home residents.

Hemphill also said the complaints that led to the boarding home visits ranged from 2 to 5 years old and that the chances of a person still living in the same home were unlikely. The boarding homes provide housing and meals to people with mental illness released from the state Behavioral Health Institute.

The Department of Aging and Long-Term Services informed the Journal in May that it believed the records of nursing home visits were improperly provided to the Journal and requested that the newspaper refrain from releasing any resident identifying information.

Everhart, who worked for the state Department of Health before becoming long-term care ombudsman, was paid about $81,000 a year in the job. She was an employee in the merit-based classified system and not a political appointee.

Employees in the ombudsman office make regular visits to nursing homes and assisted-living facilities to investigate complaints, help resolve resident concerns, ensure quality care and advocate for resident rights. Visits to boarding homes stopped after they were deregulated several years ago.

Full Article & Source:
Advocate for elderly fired

Thursday, March 12, 2015

Nursing Home Watch List

The country has a problem! Over 90% of Nursing Homes in the United States have had some kind of violation or confirmed complaint in the last 3 years.

Some of these issues are minor and some are life threatening. So, how do you know which nursing homes you can trust. As you are browsing nursing homes on this site, check the reviews at the bottom of each listing as many have warnings about potential problems. We have created administrative reviews for nursing homes with outstanding issues. Many of these problems may be minor so please check medicare.gov or your local Ombudsmen for the latest information.

The nursing homes on this list were flagged as some the worst facilities in the country.

Source:
Nursing Home Watch List

Tuesday, June 24, 2014

Ohio Resident Fights Guardian's Decision to Move Him - and Wins!

The Ombudsman received a phone call from a man who knows the Ombudsman from our regular visits to the nursing home where he resides. He called as a result of his court appointed guardian making the decision to move him from his home to a different nursing home. The man shared that he has friends at the nursing home and these relationships are meaningful to him. He also expressed that the nursing home staff know him and he feels safe with them providing his care.

The guardian had made arrangements for his move without ever visiting him or discussing the matter with him. The right to determine, to our best ability, where we live and with whom we are friends is fundamental. The man asked the Ombudsman to help him remain in his home.

During a meeting with the Ombudsman the man stated that at one time he was quite ill and needed to have someone make decisions on his behalf, however, he has recovered his health and his ability to make decisions and doesn’t believe that he needs a guardian anymore. The Ombudsman informed the man that he could request a re-evaluation of his guardianship status by the county probate court where he was adjudicated incompetent and appointed the guardian. The Ombudsman also shared that the guardian, per the county guardianship handbook, should allow him to participate in decisions if capable.

The man decided that he wanted to address the situation directly with the county probate court. He dictated a letter to the social worker of the nursing home with the Ombudsman present. The man provided specific reasons as to why he did not agree with the action the guardian was taking and that the guardian did not include him in the decision-making process. He also requested the court to re-evaluate his competency and his future need for a guardian.

Prior to the hearing a psychiatrist with the nursing home visited the man for an evaluation and determined he no longer needed a guardian. The county probate court held a preliminary hearing with the man and the guardian present. The guardian then understood that the client did not want to move. The magistrate decided the man would remain in his current home while a decision about the competency was made. The county probate court magistrate also ordered a competency evaluation and scheduled a hearing date.

The Ombudsman and staff from the nursing home attended the hearing with the man. The final outcome was that the guardianship was terminated.

Source:
Resident Fights Guardian's Decision to Move Him

Thursday, March 6, 2014

Consumer Factsheets on Financial Exploitation in Assisted Living Facilities and Nursing Homes

Consumer Factsheets on Financial Exploitation (February 2014):

Developed in part through a grant from the Administration on Aging for the National Center on Elder Abuse (NCEA), these fact sheets discuss the prevention, detection and reporting of financial exploitation in assisted living and nursing homes. There are separate fact sheets for residents of assisted living facilities and nursing homes and their family members. The consumer fact sheets provide an overview of residents’ rights and facility responsibilities related to resident finances, tips for protecting themselves and how to report incidents of financial abuse. The fact sheets for family and friends of residents also review residents’ rights and facility responsibilities, highlight warning signs and how to report incidents of financial exploitation.

Assisted Living Facilities:
How to Prevent, Detect, and Report Financial Exploitation in Assisted Living Facilities

Protecting Your Loved One

Nursing Homes:
How to Prevent, Detect, and Report Financial Exploitation in Nursing Homes

Protecting Your Loved One

Source:
The National Long-Term Ombudsman Resource Center

Saturday, February 8, 2014

ABC Action News I-Team's Report Sparks Proposed Changes in Florida Guardianship Law

Weeks after 99-year-old Willi Berchau was released from Florida's Guardianship Program, his story is prompting a local lawmaker to reform the state guardianship law.

Florida Sen. Jeff Brandes (R-Pinellas County) is sponsoring new legislation after seeing the I-Team's report featuring Berchau's story.

Surrounded by friends and supporters, Berchau celebrated returning to the retirement community he calls home.

“I almost lost hope," he said. "I figured I would never be back at this place."

The I-Team uncovered that Berchau had been locked away in a dementia unit at an assisted living facility by a professional guardian last summer after being declared incapacitated by the state and losing all his rights.

We interviewed him when he was allowed to go on a rare church outing.

“I can dress myself. I can take a shower. I can walk,” said Berchau at the time, questioning why someone would lock him away.

“Many of us had neighbors who, when they heard Willi's case said ‘no this can't happen here,’” said Jane Barr, a former volunteer ombudsman for the state who became involved in Berchau’s efforts to free himself from court-ordered guardianship.

With the I-Team’s stories, a new lawyer and the help of volunteers who called themselves "Team Willi," Berchau was eventually reevaluated, found competent and released.

One person who paid close attention was Sen. Brandes, who is now sponsoring a law to reform Florida's existing guardianship system.

“Willi's story is what prompted it. We heard the story and it was just so compelling and we knew that we needed to do something,” Brandes said.

Hearings begin next week in Tallahassee on the proposed state law.

Brandes said the bill appears to have strong support from other lawmakers.

“They were shocked that it's 2014 and we don't have this kind of legislation in place,” he said.

Another person paying attention was U.S. Sen. Bill Nelson.

“That's one example of an outrageous case,” he said.

In Washington, Nelson is sponsoring the Guardian Accountability and Senior Protection Act, which would provide more federal oversight over state guardianship programs.

“The state courts need to follow up when complaints are filed. It's clear that the courts are not being aggressive enough,” Nelson said.

Meanwhile Berchua has vowed to spend the rest of his life telling his story.

“You people were the ones that helped me," Berchau said. "To me, you are a God given gift. That's all I can say."

He hopes his efforts will keep what happened to him from happening to anyone else.

Berchau has agreed to travel to Tallahassee and testify on behalf of the proposed guardianship bill as it makes its way through committees.

Source:
Story Uncovered by I-Team Sparks Proposed Changes in Florida Law

Thursday, December 19, 2013

New Mexico Nursing Home Company Agrees to Fine for Obstructing Efforts of State Ombudsman

A company that manages two nursing homes in Santa Fe has agreed to pay a fine and change its practices after admitting to obstructing the efforts of a state ombudsman that investigates resident complaints.

“The administration making derogatory comments about the Ombudsman or saying ‘don’t talk to the Ombudsman, come to me instead’ that is obstruction and intimidation,” said Sondra Everhart, state long-term care ombudsman.

As part of a settlement agreement, Preferred Care Partners Management Group will pay the state $3,500. Everhart said it is the fourth time in her nine years as ombudsman that she has fined a nursing home, and New Mexico is one of the only states where the ombudsman’s office can impose penalties.

In a telephone interview, Everhart said the derogatory comments about the long-term care ombudsman came from the administration at Casa Real Healthcare Center, 150 Galisteo St., and verified by sworn statements by current or former staff members. Her office issued a notice of violation Nov. 1 and imposed an initial fine of $23,500.

But Everhart said the company acknowledged the problems and agreed to make changes, which is the reason the penalty was reduced.

Full Article and Source:
Nursing Home Company Agrees to Fine, Changes

Tuesday, August 6, 2013

Florida State Ombudsman Put on Administrative Leave

The National Consumer Voice for Quality Long-Term Care (Consumer Voice) has recently become aware that the Florida State Long-Term Care Ombudsman was put on Administrative Leave: http://www.miamiherald.com/2013/07/30/3532427/florida-advocate-for-elderly-place.html

 Similar articles have been posted in McKnight’s Long-Term Care News and other media outlets. Unfortunately, we do not have any additional information about the situation at this time.

These recent events, and the turmoil of the Florida ombudsman program of the past two years, are extremely unfortunate for nursing home residents and other consumers in the state. The Consumer Voice remains very concerned by the lack of stability within Florida’s long-term care ombudsman program and calls on Governor Scott to take action quickly to ensure that all Floridians are afforded full support by the program. Furthermore, as home to the National Long-Term Care Ombudsman Resource Center (NORC), the Consumer Voice is ready to assist the Florida Long-Term Care Ombudsman Program in any way possible.

Source:
Florida State Ombudsman Put on Administrative Leave

Monday, May 13, 2013

Linda Kincaid Reports: Elder Advocates Urge Support for California AB937 to Curb Elder Abuse

California's AB937, introduced by Assembly Member Bob Wieckowski,codifies basic personal rights for the state’s most vulnerable citizens. The right to have visitors, the right to receive phone calls, and the right to receive mail are already part of California law. However, these personal rights are often violated by court appointed conservators seeking unbridled power over vulnerable individuals.

Section 2351 of the Probate Code is amended to read:
(a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. This control shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by court order.
In favor of the bill are  California Advocateds for Nursing Home Reform (CANHR),  Consumer Advocates for RCFE Reform (CARR), numerous Long-Term Care Ombudsman and elder advocates throughout the state. Families of abuse victims strongly favor the rights stated in AB937.

Opposing the bill is the Californial Association of Public Administrators, Public Guardians and Public Conservators.  Santa Clara County Public Guardian Don Moody and Director of the California Department of Social Services Will Lightbourne are also on record as opposing personal rights for conservatees.

Opposition from Moody and Lightbourne is not surprising. Moody’s department unlawfully imprisoned and isolated conservatees Gisela Riordan and Lillie Scalia for years. The abuse began when Lightbourne was Santa Clara County Social Services Agency Director. After moving to Sacramento, Lightbourne publicly supported ongoing abuse by Moody. Riordan and Scalia regained their rights only after coverage by the ABC7 I-Team in San Francisco.

AB937 does not change California law. The bill simply clarifies existing personal rights and codifies those rights into the Probate Code.

The full Assembly will vote on AB937 on Thursday, May 16, 2013.
Letters of support can be sent to:
Legislative Aide Heather Falkenthal
Assemblymember Bob Wieckowski
Office: (916) 319 - 2025
Fax: (916) 319 - 2125
Heather.Falkenthal@asm.ca.gov

Full Article and Source:
Elder Advocates Urge Support of California AB937 to Curb Elder Abuse

Read AB937

Sunday, November 25, 2012

Linda Kincaid Reports: Silicon Valley Tax Dollars Fund Elder Abuse, Part III

Gisela Riordan is a victim of elder abuse by the Santa Clara County Public Guardian. Gisela is falsely imprisoned and unlawfully isolated at Villa Fontana, a residential care facility in San Jose, California. That abuse is ordered by the Public Guardian and funded by taxpayer dollars.

In 2010, the Probate Court appointed the Public Guardian as Gisela’s conservator. The Court ordered the Public Guardian to manage visits with Gisela’s adult children. The court did not authorize any further restrictions on Gisela’s right to visitation.

Since 2010, the Public Guardian has denied visitors, phone calls, and mail. Family and advocates have pursued every avenue to establish contact with Gisela, determine her condition, and assure her she is not forgotten. When the ABC 7 News I-Team asked to visit Gisela, the Public Guardian instructed Villa Fontana to call 911.

Apathy &  Negligence by Governmental Agencies

California’s Resident’s Personal Rights and Notice of Conservatee’s Rights both guarantee Gisela’s right to visitation. California’s Probate Code requires the least restrictive residence. However, government agencies tasked with protecting those rights are entirely apathetic.

Adult Protective Services routinely refuses to intervene in cases of elder abuse by court appointed guardians or conservators. They did not respond to multiple complaints from this reporter. APS can be reached at 408-975-4900 or 1-800-414-2002.

Long-Term Care Ombudsman Wanda Hale stated to this reporter that Gisela is allowed to have visitors. Hale said she reached that conclusion based solely on discussion with staff at Villa Fontana, the facility that unlawfully enforces the isolation. Wanda Hale can be reached at 408-944-0567.

Community Care Licensing Division of Department of Social Services has authority to order compliance with regulations and to assess civil penalties for violations of resident’s rights. However, their June 19, 2012 Complaint Investigation Report on Gisela’s case indicates Licensing in Santa Clara County will allow violations of personal rights, provided the resident’s file contains “parameters” for those violations.

“Based on our investigation visits and phone calls are permitted within the parameters established in the resident’s file. Allegation is unfounded at this time and no citation is issued."

Community Care Licensing San Francisco Coastal Regional Manager Pam Gill approved the report quoted above. Ms. Gill can be reached at 650-266-8800.

Full Article and Source:
Silicon Valley Tax Dollars Fund Elder Abuse, Part III

Wednesday, June 20, 2012

Letter to the Editor: Advocate for the Elderly Under Long Term Care

To the Editor:

As you read this letter, there are countless thousands of vulnerable elderly people across this country who are being abused, neglected and financially exploited. These are crimes that are, by all accounts, severely under-reported and get far too little attention in our youth-focused society.

As New Jersey’s long-term care ombudsman, I oversee a resident-focused advocacy program that seeks to protect the health, safety, welfare, and civil and human rights of older individuals who live in long-term care facilities, like nursing homes and assisted living facilities.

While awareness of an issue is important, in my view, action is even more important.

Right here in Gloucester County, we have nine nursing homes but only six volunteers.

The need is clearly there — will you answer the call?

Full Letter and Source:
Advocate for the Elderly Under Long Term Care

Thursday, January 26, 2012

CA: State's Long-Term Care to Get Better

The Senate's Human Services Committee voted this week to approve legislation to strengthen the independence and accountability of a program intended to defend the rights, safety and welfare of long-term care residents in California in light of recent scrutiny.

"There is warranted concern that California's State Ombudsman program is not effectively advocating for residents," said Senator Lois Wolk, D-Davis, noting recent studies by both the Senate Office of Research and the Senate Office of Oversight and Outcomes.

Wolk's legislation, Senate Bill 345, strengthens the ability of California's Long-term Care Ombudsman to act independently to fulfill its state- and federally-mandated responsibilities, which include investigating long-term care resident complaints, protecting the legal rights of residents, advocating for systematic change, and publicizing issues of importance to residents.

SB 345 would reinforce the independence of the politically-appointed state ombudsman from the California Department of Aging, which currently oversees the program, and require increased accountability for the ombudsman's advocacy efforts.

Full Article and Source:
State's Long-Term Care to Get Better

Tuesday, November 1, 2011

An Opportunity to Recognize Pro Bono Lawyers and Their Clients

Lois DeWolf asked for little. The Battle Creek woman in her nineties took great pleasure in simple things like riding city buses around town and spending the day people-watching at the mall.

That all came to an end when her poorly maintained home was condemned and Adult Protective Services (APS) petiioned the court to appoint a professional guardianship company as temporary guardianship/conservatorship.

The guardianship company took control of DeWolf's finances, and she was placed into a nursing home.

DeWolf's nightmare really began in the nursing facility. According to friends, unfounded presumptions were made about her health, and for months she was denied visits from her friends, members of her church, and other well-wishers. Even though she did not have dementia, DeWolf was made to wear a "wander guard"-a leg bracelet designed to keep tabs on those who suffer from Alzheimer*s disease. The once-independent, mobile senior was now confined and in misery.

Bradley Vauter, a concerned and compassionate member of the Legal Hotline for Michigan Seniors, alerted attorney Kelly Quardokus of DeWolf's plight. She agreed to represent DeWolf pro bono.

"Kelly was an answer to prayer," said Joan Klopfenstein, one of DeWolf's closest friends. "She stepped in and within one day the tether was off. Lois was allowed to have friends visit, the following Sunday she was allowed to go to church, and friends could take her shopping and out to eat."

Quardokus chalked her success up to experience and knowledge of how to work within the long-term care system to benefit elderly clients. "I was just so grateful to help her," Quardokus said.

*She was so independent, and I felt that she should go on living that way.*

Quardokus believed DeWolf would benefit from collaboration with other advocacy agencies. Before she approached APS and the nursing home about DeWolf, Quardokus enlisted the support of K. Jonker, the local ombudsman from the Michigan Office of Long-Term Care. With Jonker's help, Quardokus was able to persuade APS to drop the guardianship/conservatorship in exchange for a patient advocate and durable power of attorney, which gave DeWolf more choices and control of her life.

Now living semi-independently, a grateful DeWolf echoed her lawyer's sentiment. Her message to lawyers who are not providing pro bono services is: "Please help. You are really needed." Lawyers concerned about the lack of fi nancial compensation for pro bono services should consider the observations of DeWolf's friend, Joan Klopfenstein: "Through her efforts, Kelly was able to restore Lois's dignity. Who can put a price tag on that?"

Source:
Pro Bono Month: An Opportunity to Recognize ProBono Lawyers and Their Clients