California Personal Injury Lawyers - Bakersfield Personal Injury Attorneys - Chain, Younger, Cohn & Stiles

APRIL 2003


Veterans' Nursing Homes Need Closer Scrutiny

  		• Hot Topics
    SCAM ARTISTS ARE USING WAR IN IRAQ TO GENERATE INTEREST IN THEIR SCHEMES
    Current Product Recalls
    Other Chain Younger Websites
    Free Case Evaluation

    VETERANS' NURSING HOMES
    NEED CLOSER SCRUTINY

    California's elderly population will double
    to over 6.6 million in the next 15 years

    At a recent State Veteran's Affairs Committee Hearing regarding the Barstow Veteran's Home, newly appointed Veteran's Affairs Secretary Maurice Johannessen described the facility's track record as unacceptable. He likened it to a bad movie needing to be cancelled. Looking back at the record, it is not hard to see how he arrived at that conclusion. The testimony by Johannessen and staff documented decertifications of the facility by licensing authorities costing approximately $5 million in lost revenue due to Medicare and Federal subsidies being withheld. This cost does not take into account the toll taken by deaths and injuries that led to the decertification in the first place. The testimony of Brenda Klutz, Chief of the Office of Licensing and Certification of the Department of Health Services, itemized that toll, listing dozens of injuries, deficiencies and maximum penalties assessed for conduct leading to the deaths of several residents.

    The Hearing was precipitated by the latest tragedy, the December 4, 2002 death of Billy McGowen, a long time Shafter resident and WWII combat infantryman who served in France and Germany earning two bronze stars and a Purple Heart. Committee Chairperson Nicole Parra convened the Veteran's Affairs Committee to determine how it occurred that Mr. McGowen, then 78 and frail, received powerful doses of conflicting and inappropriate medications leading to his needless and untimely death. Family members testified they were never apprised of the true cause of his death until months later when a newspaper reporter called to ask their comments on the facility's latest AA Maximum penalty of $95,000. The revelations of the citation left the family, who had been impressed by the appearance of the facility, stunned.

    The dilemma of the Barstow Veteran's Home is a "bad movie" now playing all over the country. The U.S. Census Bureau reports California's elderly population will double to over 6.6 million in the next 15 years. The U.S. General Accounting Bureau claims more than 43% of persons over the age of 65 will reside in a nursing facility sometime in their remaining lives. The main difference between the Barstow Facility and many private, for profit nursing facilities, is that as a public institution it is subjected to far more scrutiny. Unlike private facilities, it cannot simply change owners and "wipe the slate clean".

    One proposal before the legislature is to make the Department of Veteran's Affairs Inspector General a peace officer, as proposed in Senate Bill 135, carried by Dean Florez. Likewise, I support Attorney General Bill Lockyer's Guardian program, which allows, among other things, unannounced visits to nursing homes by inspectors who have broad powers. Equally encouraging is the recent announcem4ent of the addition of a medical specialist in geriatrics to the staff of the Department of Veteran's Affairs. However, with hundreds of private and non-profit nursing homes, there is an equal imperative to improve the level of care with meaningful and humane requirements for staffing and public oversight. After all, the "bad movie" could star any of us. It is high time for the legislature to examine this growing crisis and take measures before it is simply too late.

  • David Stiles, Senior Partner
    Top of Page


    • HOT TOPICS

    NATIONAL CONSUMER ALERT:
    SCAM ARTISTS ARE USING WAR IN IRAQ TO GENERATE INTEREST IN THEIR SCHEMES

    As Operation Iraqi Freedom dominates the headlines, Better Business Bureaus report that scam artists are playing to people's patriotism and preying on heightened concerns about homeland security to peddle their wares.

    To date, three types of war-related pitches have been identified by legitimate organizations, as well as less reputable merchandisers: (1) pleas for funds to help victims of the war or those fighting in the war, (2) appeals to patriotism and claims of government affiliation or approval, and (3) promotions that hype up fear and panic.

    Established charities, as well as new groups, are raising funds for war-related causes. Here are some helpful hints:
    • If you receive a call from a telemarketer or an email from an unknown sender or organization requesting a donation tied to the war, do not assume it is a legitimate charity or military group.
    • Request additional written information about the charity's programs, and contact information for the organization.
    • Never give out your credit card, bank account or Social Security number to an unknown telemarketer or in response to an unsolicited email.
    • Check out charities with the Better Busienss Bureau. Go online to www.give.org for tips on war-related charity appeals and reports on national charities.
    • Once you have determined that the charity is legitimate and one that you want to support, make donations by check made out to the charity, not in cash.
    For more information, contact the Better Business Bureau at (661) 322-2077.



    Click Here for Current Product Recalls



    You can visit Chain-Younger Websites for additional information regarding: