In San Francisco, a modern day Rosa Parks, Sally Herriot, has also refused to move. Sally is fighting for the right to live in her own home. Sally Herriot, an 88-year-old widow, lives in a spacious one bedroom apartment in Palo Alto, which she has called home for 15 years. Her apartment is part of a continuing care community called Channing House. Channing House has decided that it is time for her to go. They want to kick her out of her apartment and put her in a room that is essentially a hospital bed, saying that she is too old and feeble to live in her own apartment. Sally employs two care givers who help her on a 24/7 basis. They give her all the help she thinks she needs, thank you very much. She is fighting back. She told the San Francisco Chronicle:
“I’m a fighter... I’m sure they think I should shut up... I’ll put something in their way every time they move.”
The article says that Channing House stands to make a huge profit if they can force her out. She and her husband paid a nonrefundable $180,000 entrance fee to move to Channing House, and if she were to vacate the apartment, they could sell it all over again to the highest bidder. Sally’s husband moved to the assisted living part of Channing House, after he broke his pelvis in 2003. He only lasted 18 months after the move.
You can read more about Sally in the Chronicle article: sfgate.com
"I’M AS MAD AS HELL AND I’M NOT GOING TO TAKE THIS ANY MORE!"
Friday, March 2, 2007, 03:31 PM1. Department of Health Services, Licensing & Certification, has a web page describing your rights in a nursing home. Go to www.dhs.ca.gov/lnc/nhrights. They have online information on the following topics:
Licensing and Certification Program District Offices
How State Health Workers Protect You
How to Choose a Nursing Home
Your Rights as a Resident in a Nursing Home
If You Have a Problem. Who Should You Talk To?
When You Need Personal Assistance. How Do You Get It?
Your Right to be Informed of Charges
Right of Choice - How Residents Spend Their Time
Informed Consent for Medical Treatment
Resident Assessment and Care Planning
Right of Choice - Roommates and Furnishings
Personal Privacy - What Does That Mean?
Safeguarding of Personal Funds
Right to Privacy - Visitors, Phone Calls, Mail
Abuse - What to Do
What You Should Know About Food, Eating and Nutrition Care in a Nursing Home
Right of Choice - Health Care Decisions
Advance Health Care Directives
Your Right to be Free from Restraints
2. YOU HAVE THE RIGHT TO FILE A COMPLAINT ABOUT ABUSE OR NEGLECT OF AN ELDER OR OTHER VULNERABLE ADULT.
To report elder abuse of any kind, you can call the California Attorney General’s Elder and Dependent Adult Abuse Reporting Hotline at 1-888-436-3600.
For abuse or neglect in a nursing home or other care home, you can file a complaint with the local Ombudsman’s office. Call 1-800-231-4024 to get the location of their local office.
You can file a complaint with the agency that licenses the care home. The Department of Health Services, Licensing and Certification program, licenses nursing homes, skilled nursing facilities, group homes and home health agencies. Their telephone number is 1-800-236-9747. Their website is www.dhs.gov/lnc.
The Department of Social Services, Community Care Licensing Division, Senior Care Program, licenses residential care facilities for the elderly and assisted living facilities. Their telephone number in Sacramento is 916-657-2592. Their website is http://ccl.dss.cahwnet.gov.
For abuse or neglect anywhere other than a nursing home or long-term care facility, you can call Adult Protective Services. Each county is required to have an Adult Protective Services Agency, which has a 24-7 hotline for reports of any adult abuse, including elder or dependent adult abuse. In Alameda County, the telephone number is 510-577-3500. For your local number, call 1-800-510-2020.
If you are concerned about a parent or elderly family member who lives in a different community, you can contact the local law enforcement agency and request a well-being check.
3. YOU HAVE THE RIGHT TO A COMPLETE COPY OF ALL THE RECORDS THE NURSING HOME KEEPS ON YOU.
One of the best ways to find out what is really going on with your loved one’s care and treatment is to request a complete copy of all the records the nursing home has on your loved one. Nursing homes are required to document all the care that they provide, and they are required to keep extensive records relating to their assessments of what care each resident needs. There is often a big gap between the care that they say that they are going to provide, as documented in the Care Plan document, and the care they actually provide, as documented in progress notes, medication administration records, doctors' orders, and records relating to assistance with activities of daily living.
Thursday, March 1, 2007, 09:53 PMElder abuse, fraud and “patient dumping” are among the shocking charges leveled at Lakeside Park, a posh dementia-care facility in Oakland. The facility is owned and operated by real estate conglomerate, A.F. Evans.
The lawsuit, filed on behalf of the families of three former patients by Felicia Curran against Lakeside Park, alleges outrageous actions taken by the facility’s directors against members of society’s most vulnerable community—frail, elderly sufferers of Alzheimer’s disease and other forms of memory impairment—as part of a “bait-and-switch” and “cull-and-weed” scheme by the corporate owners of the facility.
“Lakeside Park holds itself out as being a cut above the ordinary rest home, but the lawsuit alleges that they have no qualms about evicting their residents, dumping them in emergency rooms and forcing them to pay for private caregivers if the residents require too much care or if their families as much as complain,” said attorney Felicia Curran.
The suit names the corporate owner of the care home, A.F. Evans Company Inc., Vice- President John Rimbach, and Executive Director Rebecca Cockrill as defendants. A.F. Evans owns four senior homes in California and Washington, including the Lakeside Park facility, and Byron Park, a 187-unit senior residential facility in Walnut Creek.
To read the San Francisco Chronicle's article on the lawsuit go to:
The plaintiffs are former residents of Lakeside Park and their families: Raffaella Mancuso, 95, and her daughter Margaret Mancuso, Ph. D., Marie Ellen Munzell, 92, and her son, Michael Munzell, as well as Christina Sagonowsky and Nicholas Saonowsky, whose father George Sagonowsky, died at a hospital emergency room at the age of 92 after becoming ill at the facility.
The complaint alleges that Munzell, who has Alzheimer’s, was “dumped” at the local hospital emergency room on Dec. 14 and was then refused readmittance to Lakeside Park after her son complained about her care. The suit also claims that Mancuso was neglected and improperly fed, forced to hire caregivers to care for her at the facility when Lakeside neglected her, and that she was made to pay for her deceased husband’s share of their contract for 16 months after he died at the facility in 2004.
The facility was previously cited and fined for neglect of another resident, records show. The fine was only $100. “It’s cheaper for facilities like Lakeside to understaff, and gamble that they won’t be caught by licensing, then pay the small fine if they are caught, than it is for them to staff correctly. A lawsuit is the only way to force the facility to staff correctly,” says attorney Curran.
The families seek compensatory, special and punitive damages, and attorneys’ fees.