Long Term Care Services of Ventura County, Inc. Ombudsman Program
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Funds sought for local ombudsman programs

By Sylvia Taylor Stein

If you are an elderly person living in a nursing home it is quite possible you are one of the 60 percent who have outlived their family and friends or have no family or friends who ever visit. You most likely have no one who will speak up for you, check on you, and look out for you. You need a watchdog.

The organization that serves as the watchdog for almost 8,500 seniors in 234 nursing homes and assisted living facilities in Ventura County is the Long Term Care Services of Ventura County, Inc., Ombudsman Program.

For almost 30 years, this program made up of a small staff and volunteers, has continually worked on behalf of elderly residents in long-term care to help ensure their care and quality of life.

Since 2008, when Gov. Arnold Schwarzenegger vetoed $3.8 million in funding for the local ombudsman programs throughout California, services to residents have been in jeopardy.

Last year, a portion of the lost funding was restored by using existing penalties paid by nursing homes cited for providing deficient care. A recent audit of that account, however, reveals funds were overstated and the account is almost insolvent. In the current budget crisis, there are no general funds that can be tapped.

The lifeline that could rescue this vitally important program is 6-year-old legislation, Assembly Bill 1629, which is currently undergoing much- needed reform.

In 2004, the Legislature passed AB1629 to increase MediCal rates paid to nursing homes, with the intent the extra funding would improve quality of care through increased staffing and wages. Many advocates objected to this bill because there was no accountability to ensure the funds would be used as intended.

Six years later, three significant studies show that despite receiving almost $1 billion in additional funding, nursing home residents are worse off than ever.

California legislators are now enacting reforms to AB1629 as part of the state budget process. Under consideration are changes that would create accountability measures, cut out wasteful and inappropriate expenses and generate savings.

Advocates are urging legislators to utilize a portion of the savings from these reforms — $3.8 million — to fund local long-term care ombudsman programs statewide.

“Annual MediCal spending on nursing homes is about $4 billion. Out of a $4 billion budget, California should be able to find at least $4 million to get the ombudsman program back on its feet,” said Michael Connors of California Advocates for Nursing Home Reform.

A nursing home resident said it best, “All my family is gone. My only visitor is my ombudsman. He helps me so much; he speaks up for me. I don’t know what I would do without him.”

We urge California legislators to “speak up” for nursing home residents as well. A very small investment in the local ombudsman programs in California can help ensure that the state’s colossal investment in nursing-home care will result in better care and quality of life for all residents in all nursing homes.

Make permanent funding of the local ombudsman programs an essential reform of AB1629.

Go to link below if you would like to comment to the Ventura County Star article.

http://www.vcstar.com/news/2010/jul/06/funds-sought-for-local-ombudsman-programs/

Link to “Complaints Up Against County Care Facilities”

http://www.vcstar.com/news/2010/jul/03/complaints-up-against-county-care-facilities-law/?print=1
………………………………………………….

Sylvia Taylor-Stein

Executive Director

Long Term Care Services of Ventura County, Inc.,

www.ombudsmanventura.org

a 501 (c) 3 non profit organization

Posted in AB 1629, Legislation, Nursing Home, Sacramento, Ventura County.


Drugging In The News Again

The U.S. Department of Justice held a major news conference today when it announced that AstraZeneca has agreed to pay more than a half-billion dollars to settle federal claims that it illegally marketed Seroquel to be used to drug kids and elders with dementia.

This means that U.S. DOJ has found that all three of the most commonly used antipsychotics used to drug elders with dementia — Seroquel, Risperdal and Zyprexa — are being illegally marketed for this purpose. Eli Lilly agreed to pay $1.4 billion last year to settle such charges involving Zyprexa. The U.S. DOJ filed a lawsuit against Johnson & Johnson earlier this year for illegally peddling Risperdal to nursing home doctors.

Here is the DOJ press release:

Attorney General Eric Holder spoke at the press conference.

Here is his statement:

Here is a New York Times article. I’m sure there will be more news tomorrow.

The New York Times

April 26, 2010

For $520 Million, AstraZeneca Will Settle Case Over Marketing of a Drug

By DUFF WILSON

AstraZeneca has completed a deal to pay $520 million to settle federal investigations into marketing practices for its blockbuster schizophrenia drug, Seroquel. The Justice Department plans a news conference on Wednesday to disclose details of the case, according to two people close to the negotiations who were not authorized to discuss it publicly.
AstraZeneca becomes the fourth pharmaceutical giant in the last three years to admit to federal charges of illegal marketing of antipsychotic drugs, a lucrative category of medications that have quickly risen to the top of United States sales charts. Aggressive sales and promotional practices have helped expand the use of powerful new antipsychotic drugs for children and the elderly.
AstraZeneca will sign a corporate integrity agreement with the federal government over its marketing of Seroquel for unapproved uses, but will not face criminal charges, the people close to the negotiations said.

The company, based in London, has been accused of misleading doctors and patients by playing up favorable research and not adequately disclosing studies that show Seroquel increases the risk of diabetes.

AstraZeneca still faces more than 25,000 civil lawsuits filed on behalf of patients contending that the company did not disclose the drug’s risks.
The deal would make formal an agreement in principle the company reached last October with the United States attorney in Philadelphia. At that time, AstraZeneca said in a filing with the Securities and Exchange Commission that it had set aside $520 million in respect to the investigation.
The company was facing two federal investigations and two whistle-blower lawsuits involving Seroquel sales and marketing practices. One of the investigations related to physicians who had participated in clinical trials. The other inquiry involved sales staff. Details are expected to be announced Wednesday.
As a result of aggressive marketing, Seroquel has been increasingly used for children and elderly people for indications not approved by the Food and Drug Administration. The drugs have caused rapid weight gain in children, and side effects including deaths have prompted warnings against giving the drugs to elderly patients for dementia.
Although doctors are permitted to prescribe any approved drug for off-label uses, it is illegal for drug makers to promote medications for any purpose not specifically approved by the F.D.A.
Tony Jewell, a company spokesman, declined to comment on Monday. Patricia Hartman, a spokeswoman for Michael L. Levy, the United States attorney in Philadelphia, said she would neither confirm nor deny the report. “We don’t have anything public on AstraZeneca,” Ms. Hartman said.
AstraZeneca, which reported $4.9 billion in Seroquel sales in 2009, plans to report its first-quarter financial results on Thursday.
The company will join a series of American pharmaceutical companies that have admitted to illegal marketing after federal investigations and whistle-blower filings and have signed agreements with the government to monitor and avoid such activity in the future.
In the largest such case, Pfizer paid $2.3 billion last September, including $1.3 billion in the biggest criminal fine of any type in United States history, for off-label marketing of the painkiller Bextra and other drugs. Bextra was withdrawn from the market in 2005. The Pfizer fine included $301 million for off-label marketing of its antipsychotic drug Geodon.
Eli Lilly paid $1.4 billion in January 2009 to settle investigations into illegal marketing of its antipsychotic drug Zyprexa. Lilly’s settlement included a $515 million criminal fine, which until the Pfizer case was the largest such fine ever imposed on a corporation.
In 2007, Bristol-Myers Squibb and a subsidiary paid $515 million to settle federal and state investigations into marketing of its antipsychotic drug Abilify.
The newer generation of antipsychotics has surpassed cholesterol-lowering drugs to become the nation’s top-selling category of medications, accounting for $14.6 billion of the nation’s $300 billion in drug spending last year, according to the research firm IMS Health.
Seroquel, a pill usually taken once or twice a day that sells for more than $4 each, was the fifth-best-selling drug in the United States last year, IMS said. As with other antipsychotics, much of that spending is by the federal government, through the Medicaid and Medicare programs.
AstraZeneca, with American headquarters in Wilmington, Del., has previously denied wrongdoing in the Seroquel investigations. It has paid $656 million to defend itself in court against more than 25,000 civil lawsuits, the company said in an S.E.C. filing in January. Those cases are only recently beginning to reach trial.
The company has argued that people who were found to have diabetes after taking Seroquel already had diabetes or had existing conditions that made them at high risk of the disease.
According to company e-mail unsealed in civil lawsuits, AstraZeneca “buried” – a manager’s term – a 1997 study that showed Seroquel users gained 11 pounds a year, while publicizing a study that claimed users lost weight. Company e-mail messages also refer to doing a “great smoke-and-mirrors job” on unfavorable studies.

Gardiner Harris contributed reporting.


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Michael Connors
Advocate
California Advocates for Nursing Home Reform (CANHR)
Tel:  415/974-5171
Fax: 626/796-6256
Email: michael@canhr.org

Visit our web site at http://www.canhr.org

To help support our efforts, please visit:
http://www.canhr.org/help.html

Posted in Articles, Drugs, Federal Government, Legislation, Newspapers/Books, Nursing Home.


AB 2555 Status and Next Steps

Dear Friends,

The email below is from our funding team leader. Not really encouraging news from our hearing yesterday on  AB2555, but we have a lot of support and hope that we can continue to move this forward.

Thank you all so much for your many support letters.  They do make such a difference in these tight situations.

We are deeply appreciative.
Sylvia

Ombudsman Funding Committee

……………………………………………………………………………..

Hello All,

AB 2555 hit a speed bump at today’s Assembly Appropriations Committee hearing, where it was sent to the Suspense file. Nonetheless, we are very hopeful that it will move forward in a timely fashion due to the tremendous support for the bill.

Mike Feuer made a strong, passionate presentation, stressing that the ombudsman program helps save lives but cannot do so without funding. He advised the committee of the dire consequences if the funding is allowed to run out at the end of June and called for timely action on the bill. Although AB 2555 was sent to the Suspense file, the committee chair, Felipe Fuentes, seemed open to the possibility of taking action before May 27 when bills on the Suspense file are scheduled to be taken up.

Tippy Irwin did a great job as lead witness and was joined by about a dozen supporters and co-sponsors. Co-author Jim Nielsen and Assembly Member Calderon made strong statements in support of the bill and the urgency of its passage. The Department of Finance didn’t have any comments or concerns about the bill and the opponents didn’t speak at the hearing.

We are consulting with Arianna Smith of Mike Feuer’s office about the best way to keep the bill moving forward as quickly as possible and will keep you posted on how you can help.

In the meantime, please continue to urge legislators to support the bill. Please inform legislators in your area about the value of the ombudsman program and the urgency of passing AB 2555 in a timely manner. Please encourage legislators to sign on as co-authors of AB 2555 if they haven’t already done so and express thanks to those who are supporting the bill. Favorable media attention would also be very helpful.

Many thanks to all of you for the great support. Special thanks to the Alzheimer’s Association for making AB 2555 one of its top priorities for its advocacy day today. We are thrilled that 130 of its wonderful advocates worked the Capitol today to promote the bill.

A related item of interest: California Watch published an interesting article today on the pending audit and DPH’s failure to collect nursing home fines. See below. Additional information is posted on the California Watch website.

http://californiawatch.org/watchblog/why-state-only-collecting-one-third-nursing-home-fines

Why is state only collecting one-third of nursing home fines?

April 21, 2010 | Christina Jewett

California lawmakers have called for an audit exploring why state regulators are collecting only about one-third of the fines they have levied against nursing homes in recent years.

A legislative committee unanimously approved the audit in February. It is expected to look at how the funds that were collected have been spent in light of laws that say the money should be used to protect the health of residents in nursing homes.

“The whole point of having citation accounts and the penalty system is to deter nursing homes from doing anything but provide the highest quality care to residents,” said Mike Feuer, D-Los Angeles, one of 10 lawmakers who signed a letter calling for the audit. “If the fines coming in are less than a third of (those) issued, it leaves one to wonder if the state is being as effective as it could be in protecting nursing home residents.”

The Department of Public Health has levied fines in recent years after workers hit patients, stole from them or left them languishing in dirty diapers.

Records released to California Watch under the Public Records Act show that the state’s fine collections are falling behind. In 2005, authorities had collected 60 percent of the fines they levied, about $1.8 of $3 million.

However, by 2008, authorities collected a smaller portion of the fines, about $1.5 million of $5 million that had been assessed, or less than 30 percent.

In contrast, the same state department, the Department of Public Health, has collected nearly 80 percent of the fines it levies against hospitals that fail to report preventable errors, records show.

Kathleen Billingsley, deputy director of the Department of Public Health Center for Healthcare Quality, said in an interview that her office has hired 95 inspectors since 2006 who complete the inspections and have issued a rising number of citations.

Billingsley said nursing homes have the right to appeal fines and do not have to pay until the process is completed in administrative and state courts. When nursing homes are faced with a final fine amount, the department is equipped to force many nursing homes to pay, she said.

The department can garnish a nursing home’s Medi-Cal payments to collect unpaid fines, leverage it holds over 75 percent of the state’s nursing homes that accept low-income patients.

The state, however, writes off unpaid fines if a facility goes bankrupt, changes ownership or does not accept patients through the Medi-Cal program, a spokesman said.

While the appeal process delays fine collections, there are other reasons nursing homes don’t pay the full amount. In 2007, records show, half of the $4 million in nursing home fines issued were categorized as “allowable adjustments.” That means homes may have qualified for a 35 percent discount allowed under law for homes that pay promptly.

In other cases, an administrative law judge or mediator pares down a fine, a scenario that is becoming increasingly common. Since 2005, the number of cases that nursing homes appeal has doubled, from 110 to more than 220 in 2008, Department of Public Health records show.

Critics of the waning fine fund point to a 2004 law that gave nursing homes a powerful incentive to fight the penalties. That law, AB 1629, overhauled nursing home funding and allows nursing homes to bill the state for legal fees spent fighting citations.

It’s a scenario that Sen. Elaine Alquist, D-Santa Clara, calls a “perverse incentive.” Other advocates call it outrageous and scandalous. “It undermines everything,” Alquist said. “We know that enforcement really needs to improve.”

And even as more nursing home owners are appealing more cases, they are seeing settlement proceedings end with deeper and deeper discounts. Authorities knocked $320,000 in fines down to $20,000 for one Los Angeles County nursing home, according to Department of Public Health data and citation-review-conference records.

Those fines were accumulated after workers turned off an alarm to a ventilator, an action that prevented workers from immediately realizing that a 90-year-old patient was disconnected from her breathing tube and was slipping away, records show.

Workers at the same home were cited 11 more times for continuing to dismiss the ventilator alerts, records show. Those citations each carried a $20,000 fine, but each was dismissed in an appeal hearing.

Lydia Sainz, administrator of Casa Bonita Convalescent Hospital, said the eventual dismissal of the bulk of the fines was the appropriate outcome. She said she felt the state reacted harshly under pressure from the outspoken family of the 90-year-old who died after her ventilator alarm was turned off. And she said the nurses who later dismissed other alarms did so when patients were in no distress.

Sainz said the state’s efforts to penalize the facility were a poor use of public funds. “It’s really sad because it’s hard to work in places like nursing homes and then you get a bad (reputation),” Sainz said. “It’s really hard for the nurses.”

Other observers, commenting generally on the state’s waning rate of fine collections, see the trend as evidence that nursing homes face little accountability if their actions or inactions harm patients.
“As long as facilities know there’s no punitive damage, nothing will change,” said Joan Parks, manager of the nonprofit Ombudsman Services of Northern California.

The Bureau of State Audits report on the nursing home fine fund is expected to evaluate the laws and rules governing the state’s collection of the fines and recommend better ways to go forward.

--

Michael Connors
Advocate
California Advocates for Nursing Home Reform (CANHR)
Tel:  415/974-5171
Fax: 626/796-6256
Email: michael@canhr.org

Visit our web site at http://www.canhr.org

To help support our efforts, please visit:
http://www.canhr.org/help.html

———

Joan S. Parks,
Administrator
Ombudsman & HICAP Services of Northern California
3950 Industrial Blvd. Suite 500

West Sacramento, CA 95691
916/375-3307Fax 916/376-8914
jparks@osnc.net

Posted in AB 2555, California, Legislation, Nursing Home, Sacramento.


AB 2555/Nursing Homes Received Millions While Cutting Staff

California Watch published a major story today that has implications for AB 2555.

It shows that hundreds of California nursing homes used increased Medi-Cal funding to pad profits by cutting staffing and wages. It ran in many California papers:

The Press Democrat – Santa Rosa  (PDF)
The Orange County Register (PDF)
Contra Costa Times (PDF)
Oakland Tribune  (PDF)
San Jose Mercury News (PDF)
Press Telegram Long Beach (PDF)
The Press-Enterprise – Inland Southern California’s Newspaper (PDF)

Many newspapers gave the story front page treatment and gave local examples of abuse and neglect.

The findings of this detailed investigation help demonstrate the dire conditions in many California nursing homes and the great need for a fully functioning ombudsman program.

Mike

Michael Connors
Advocate
California Advocates for Nursing Home Reform (CANHR)
Tel:  415/974-5171
Fax: 626/796-6256
Email: michael@canhr.org

Visit our web site at http://www.canhr.org

To help support our efforts, please visit:
http://www.canhr.org/help.html

Posted in AB 2555, California, Legislation, MediCAL, Nursing Home.


Brutal Abuse at Calabasas Retirement Home

A former worker is on trial on charges of abuse and torture at the upscale facility. Witnesses say Cesar Ulloa jumped on residents, body-slammed one and encouraged two to fight.

Here is a link to the online Los Angeles Times story of the same name taken from testimony.

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This came to me this morning from one of our volunteers.  We have been aware of this case in LA County since it occurred, but the Los Angeles Times article brings out the horrendous details.  More than ever we need strong advocacy for our seniors in long term care.

Sylvia

Sylvia Taylor-Stein

Executive Director

Long Term Care Services of Ventura County, Inc.,

Posted in Articles, Assisted Living, Newspapers/Books, On The Light Side.


A Novel Take on Assisted Living

Excerpt from:
The New York Times
The New Old Age – Caring and Coping

A Novel Take on Assisted Living
By PAULA SPAN

“Breaking Out of Bedlam”

I can’t say with assurance that Leslie Larson’s “Breaking Out of Bedlam” is the first novel set in an assisted living facility, so I’ll just say it’s the first one I’ve read, and that it’s a kick.

The fun comes from meeting protagonist Cora Sledge, an 82-year-old in a perpetual rage because her children have moved her into a place called The Palisades. Ornery Cora hardly qualifies as a model resident: she smokes though she has emphysema; she purposely takes so many pills that her days pass in a haze; she’s a casual bigot; she’s rude. Overweight and underactive, barely able to walk down the hall without wheezing, Cora won’t be one of those elegant silverhairs shown strolling the grounds in an assisted living brochure.

But reading her “journals,” as she reawakens, finds a friend and a paramour, and plots her escape, is a hoot. (I’ll overlook the fact that The Palisades, drawn broadly for comic effect, sounds more like a nursing home than an assisted living residence.) I was less interested in Ms. Larson’s plot twists than in Cora’s scathing observations about aging, families, assisted living and more.

A sample (the italics are Cora’s own, and so is one four-letter word I’ve had to bleep): I am sick to death of pastels, elastic waists, and baggy knits. Why is it that, once you turn sixty, you’re supposed to wear the same colors as babies? Pale pink andpowder blue, dingy yellow and that pukey lavender that turns my stomach. You see it all over here: old ladies walking around like wedding mints or Jordan almonds, milquetoast pastels that drive you to the depths of depression.

I want some patterns. Flowers. Stripes or triangles or polka dots. Bold prints. And some bright colors. Scarlet, peacock blue, royal purple. Fuschia, poppy, watermelon, chartreuse! But oh no. When you’re fat, you’re supposed to wear dark colors. Flat black, navy blue, and [bleep] brown. That’s about it. Otherwise, somebody might notice you.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

………………………….

I am definitely buying this book!!

Sylvia

Sylvia Taylor-Stein

Executive Director

Long Term Care Services of Ventura County, Inc.,

Posted in Managed Care, Nursing Home, On The Light Side.


Status of Ombudsman Funding – FY2010-2011

Dear Friends of the Ventura County Ombudsman Program

I am posting an email from our funding workgroup leader, and I am asking for your support.  You helped us so much last year to get legislation (AB392)  passed that provided funding for the local ombudsman programs statewide.  This funding made the difference for some of our local ombudsman programs to keep their doors open.

Her letter explains where we are today with our AB 392 funding.  Please see Joan’s letter below and support our efforts to have the source of our funding – the federal citations penalty account audited.

We thank you so much for standing with us,

Sylvia

Sylvia Taylor-Stein

Executive Director

Long Term Care Services of Ventura County, Inc.,

~~~~~~~~~~~ THE LETTER ~~~~~~~~~~~~~~~~~~~~

TO:

Ombudsman Funding Workgroup
Ombudsman Support Network – Co-Sponsors AB392
Ombudsman Coordinators

FROM: Joan Parks & Mike Connors
RE:       Status of Ombudsman Funding – FY2010-2011

DATE:  January 28, 2010

Dear Friends,

We need your immediate help to obtain an audit of the DPH citation penalty accounts in order to ensure that moneys in the accounts are available to help fund the local long term care ombudsman programs.

Before explaining how you can help, here is a very brief update on plans for ombudsman funding legislation this year.

Assembly Member Mike Feuer is considering our request to carry a bill that would replicate AB 392 by seeking a $1.6 million appropriation in FY 10/11 for local ombudsman programs from the citation penalty accounts. He is concerned about the availability of funds in the citation accounts and has been seeking updated information from DPH. We hope to learn his decision soon and to schedule a call with all of you to discuss plans for moving forward.

There are strong signs that the Administration and Department of Public Health will oppose continuation of the AB 392 funding. The money is not in the Governor’s budget. Additionally, DPH wrote key legislative budget officials earlier this month reporting that the federal citation penalty account is virtually bankrupt. The Department’s documentation shows a retroactive $2.6 million offset to this account but doesn’t explain the disappearing funds.

Thus the need for an audit. Fortunately, Mike Feuer and several other legislators wrote the attached letter to the Joint Legislative Audit Committee (JLAC) seeking an audit by the Bureau of State Audits. The Committee is scheduled to consider this request during its next hearing on Wednesday, February 17 at 9:30 am in Room 444 of the Capitol. See attached letter.

This is where we need your help. Before February 17th, please send letters of support for the audit to Assembly Member Alyson Huber, Chair of the Joint Legislative Audit Committee, and copy your letters to the other members of the JLAC, which includes 7 members from the Assembly and 7 members from the Senate. The Committee Roster is listed at: http://www.assembly.ca.gov/acs/newcomframeset.asp?committee=208

We are in competition for other audit requests and must take this opportunity to share our compelling reasons. The letter to Assembly Member Huber can serve as a guide for your letter.

If you have any questions, please do not hesitate to contact us. Many thanks for your continued support!

Joan S. Parks, Administrator

Ombudsman & HICAP Services of Northern California3950 Industrial Blvd. Suite 500West Sacramento, CA 95691916/375-3307
Fax 916/376-8914

jparks@osnc.net

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

See below list of email addresses of the Joint Legislative Audit
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Assemblymember.huber@assembly.ca.gov (Alyson Huber – Chair)
Assemblymember.coto@assembly.ca.gov (Joe Coto)
Assemblymember.devore@assembly.ca.gov (Chuck DeVore)
Assemblymember.Evans@assembly.ca.gov (Noreen Evans)
Assemblymember.Garrick@assembly.ca.gov (Martin Garrick)
Assemblymember.Hagman@assembly.ca.gov (Curt Hagman)
Assemblymember.Monning@assembly.ca.gov (William W. Monning)

Thanks to Jackie Lacombe for compiling this list!

Posted in AB392, Budget Proposals, California, Legislation, Sacramento.


Care found in county reaches both extremes

Reprint of news article
By Michael Collins
Tuesday, December 1, 2009
Ventura County Star

Photo by Karen Quincy Loberg

Sylvia Taylor Stein, middle, visits Dorothy Daley, left, and Joan Wright, residents at Los Robles Care Center in Ojai. Stein is the executive director of Ombudsman, a service based in Ventura helping to advocate for people in long-term care. The facility is well ranked among the county's nursing homes.Photo by Karen Quincy Loberg

A third of the nursing homes in Ventura County received low scores on the federal government’s rating system that was set up to show which facilities are doing a good or poor job providing care.

Seven of the 22 nursing homes in the county received either “below average” or “much below average” rankings on the Nursing Home Compare system run by the Centers for Medicare and Medicaid Services.Two facilities — Victoria Care Center in Ventura and Thousand Oaks Healthcare Center in Thousand Oaks — were scored “much below average,” the lowest ranking possible.

Five others — Country Villa Oxnard Manor Healthcare Center, Shoreline Care Center in Oxnard, Camarillo Healthcare Center, Santa Paula Healthcare and Westlake Healthcare Center in Westlake Village — were rated “below average.”

Quality care advocates say the low rankings should raise a red flag for people who are shopping around for a nursing home for relatives.

“It’s plenty of reason for concern,” said Mike Connors of the California Advocates for Nursing Home Reform. “It suggests that a large percentage of the nursing homes in the county are providing substandard care.”

Photo by Karen Quincy Loberg

Sylvia Taylor Stein learns that Los Robles Care Center was able to accommodate Richard Holden, left, when he had to leave his home and join his wife Estelle Holden, lower right, at the Ojai facility. Stein, executive director of Ombudsman, visits the center that has rated well among the county's nursing homes.Photo by Karen Quincy Loberg

Nursing home care in Ventura County “definitely needs to improve,” said Sylvia Taylor Stein, the county’s chief watchdog over nursing facilities.

But while the low rankings are alarming, the rating system relies on information that is often outdated and may not truly reflect the current state of care at a given facility, she said.

“It does give us a road map, but it doesn’t give us the whole story,” said Stein, executive director of Long Term Care Services of Ventura County’s ombudsman program, which investigates allegations against nursing facilities.

The national ratings are a good starting point for people searching for a nursing home, Stein said, but they should also visit the facility before making a decision and consult with her office if they have any questions about the current state of care at a particular home.

“We are in the nursing homes every week, and we look for improvements,” she said.

Better marks expected

 Photo by Juan Carlo

Wally Annas, 101, loves to pet Judah, the therapy dog who comes once a week to the Victoria Care Center in Ventura. Annas gives the dog treats and also talks to him. Photo by Juan Carlo

The rankings for the two Ventura County homes that received the lowest rating possible were, in fact, based on complaint investigations from June 1, 2008, to Aug. 31 of this year. Stein said both facilities have since made improvements and, in the case of Victoria Care Center, she would not be surprised to see its federal rating upgraded.

The ratings system, implemented late last year, includes information on everything from fire safety and food preparation to rates of residents suffering from bedsores.

The system assigns each facility a ranking on a scale from one to five stars. Five stars indicate the home ranks “much above average”; four stars are “above average”; three are “about average”; two are “below average”; and one is “much below average.”

Four facilities — Fillmore Convalescent Center, Mary Health of the Sick and Convalescent Center and Nursing Hospital in Newbury Park, St. Joseph’s Health and Retirement Center in Ojai and Los Robles Care Center in Ojai — each received five stars, the highest rating possible.

Homes operated by for-profit companies tended to receive lower scores than those that are nonprofit, a trend that also shows up nationwide.

In Ventura County, the average ranking was 2.8 stars for homes operated by for-profit companies and 4.4 stars for the nonprofit homes.

Ventura County has a higher percentage of privately owned, for-profit nursing homes than the rest of the nation. Seventeen, or 77 percent, of the county’s nursing homes are for-profit; the national average is 68 percent.

For-profit companies nationwide tend to operate their homes with smaller staffs, and that was the case in Ventura County. The average was 1.9 hours of staff time by a certified nursing home worker per resident per day at for-profit homes. In the five homes operated by nonprofits, the average was 2.2 hours.

 Photo by Juan Carlo

Magdalena Suarez, 92, visits her husband Manuel Suarez, 84, at the Victoria Care Center in Ventura. She comes every day, helping him in whatever he may need, sometimes just combing his hair. Photo by Juan Carlo

With the poor economy, nursing homes can’t afford to pay employees, and that means they probably don’t have the employee ratio that they need, said Katharine Raley, program manager of the Ventura County Area Agency on Aging.

Another problem, Raley said, is that a lot of homes have staff members who don’t speak English well. That inhibits their ability to communicate with residents, she said.

“I have had complaints in the past from our Medicare beneficiaries that they can’t understand the employees,” she said. “I think that could be a breakdown of care.”

 Photo by Juan Carlo

Dorothy Lowe gets help by her daughter Diane Jetton, who comes and visits her three times each year from Brevard, North Carolina, at the Victoria Care Center. She was helping her mom with some bead work. Photo by Juan Carlo

Raley said she has seen firsthand the appalling results of improper resident care.

“This summer, I had a client who was in a nursing home,” she said. “The client kept calling, and I visited. I found that he or she had feces on their hands. On the draw curtain that goes around their bed, there was feces on that. It was just horrible. I didn’t even dare look into the bed.”

Raley declined to identify the nursing home. But, “this is not that uncommon, I don’t think,” she said. “Other times, you can go in, and the smell of urine can knock you over even before you get into a patient’s room.”

Stein agreed that adequate staffing is probably one of the biggest problems the county’s nursing homes face.

Photo by Karen Quincy Loberg

Janine Chavira gets a gentle touch, greeted by Sylvia Taylor Stein at Los Robles Care Center in Ojai. Stein is executive director of Ombudsman, a service based in Ventura helping to advocate for people in long-term care. Stein regularly visits the facility that has rated well among the county's nursing homes.Photo by Karen Quincy Loberg

“It’s very, very difficult to find the labor pool for these facilities,” she said. “The caregivers have to pass background clearance checks, which they should. And we just don’t have a large labor pool for this kind of work, so it’s very difficult for facilities to find the care people that they need.”

At Victoria Care Center, inspectors found 35 health deficiencies during the period in which the facility received its “much below average” ranking.

The problems involved mistreatment of residents, nutrition and dietary deficiencies, pharmacy services, environmental matters and administrative issues.

New leader cleaning up

Photo by Karen Quincy Loberg

Sylvia Taylor Stein talks with Connie Perez, who is 100 years old and living Los Robles Care Center in Ojai. Stein is the executive director of Ombudsman, a service based in Ventura helping to advocate for people in long-term care and makes regular visits to the facility well ranked among the county's nursing homes. Photo by Karen Quincy Loberg

Stein said many of the problems could be traced back to the home’s previous administration, but the new administrator, John Albrechtsen, is working to turn the facility around.

“What they are dealing with today is the past, when they had a lot of issues that hadn’t been dealt with,” she said. “But they have done an excellent job of cleaning up the past. I really have a lot of hope for cleaning up this facility.”

Albrechtsen, on the job for just six months, said Victoria Care takes in residents that other facilities sometimes aren’t willing to accept. Those residents often require a higher level of care, he said, but the federal system doesn’t take that into consideration when assigning quality ratings.

With 188 beds, Victoria Care is the second-largest nursing home in the county. Because of the home’s size, the state assigns more inspectors to survey Victoria Care than it does at smaller facilities, which increases the likelihood that problems will be discovered, Albrechtsen said.

“While we do feel like there have been some challenges in the facility in the past, it’s very different now,” he said.

Thousand Oaks Healthcare Center was found to have 24 health deficiencies, involving issues of patient mistreatment, quality of care, resident rights, nutrition and diet, pharmacy services and administration problems.

A spokeswoman for the facility did not return a reporter’s phone call. But Stein said the facility recently underwent a change of administrator and is making improvements.

Big improvements possible

Photo by Karen Quincy Loberg

Ralph Madlener shares his experiences in the Hollywood film business to Sylvia Taylor Stein at Los Robles Care Center in Ojai. Stein is the executive director of Ombudsman, a service based in Ventura helping to advocate for people in long-term care. She visits the facility that has rated well among the county's nursing homes.Photo by Karen Quincy Loberg

A nursing home’s ranking in the federal system can change dramatically from one period to the next.

Twin Pines Health Care in Santa Paula, for example, was given a one-star ranking after investigators reported 11 deficiencies involving quality of care, pharmacy service, environmental issues and administrative matters.

But on Wednesday, the federal government upgraded its ranking to four stars. In other words, the facility went from the worst rating possible to being ranked as “above average.”

Administrator Cindy Jordan said while the facility’s one-star rating had been disappointing, she felt the state officials who inspected the home had been fair.

The facility addressed the deficiencies and went through another inspection in September, Jordan said, so she had been certain that its federal ranking would improve.

“If I thought I was running a one-star facility, I would definitely be hiding in the closet,” she said. “We come here because we like doing what we’re doing. We like to care for the residents.”

— Thomas Hargrove and Lee Bowman of Scripps Howard News Service contributed to this report.

Posted in California, Medicare and Medicaid, Nursing Home, Ventura County.


Nursing Homes, Federal ratings give just part of the story

Care varies widely, so diligence needed, experts say
By Lee Bowman and Thomas Hargrove
Scripps Howard News Service


Photo by Juan Carlo, StarA statistical analysis of the federal government’s first ratings of nearly 16,000 nursing homes reveals an uneven level of quality across the nation and shows how complicated it is to find a good nursing home. The Scripps Howard analysis of the Centers for Medicare and Medicaid Services’ Nursing Home Compare system shows that:

• Institutions run by for-profit corporations, which account for about two-thirds of all nursing facilities, generally get lower scores than those run by nonprofits.

• Homes with more nursing staff members per patient, which also tend to be run by nonprofits, generally do better in the ratings.

• Homes with more than 100 beds tend to get lower scores in all categories, including health of residents and levels of nursing care.

• Ratings are lowest in Southern states, particularly for nursing care and registered-nurse staffing, and highest for homes in the Northeast.

• Slightly more than 20 percent of nursing homes nationwide have been regularly given the lowest ratings, and 12 percent to 13 percent have received the top rating.

• While more than 500,000 Americans die in nursing homes each year, more than 2 million return home after a nursing home stay of less than three months.

• The bad news for families trying to find a good nursing home for a loved one is that behind the ratings — a five-star scale — are many complicated issues that make it difficult to assess which institutions offer the best care.

“Everyone wants to have an easy way to look up homes,” said Larry Minnix, chief executive of the American Association of Homes and Services for the Aging, which represents more than 5,000 mostly nonprofit nursing homes and other long-term-care providers. “The concept is a good idea, but they’re not really measuring the most meaningful things, like patient- and staff-satisfaction surveys, nor do the stars take into account the patient caseload.” Read More Here – Printer Friendly

I have reprinted this story from the Star showing how important it is to compare nursing homes and find the best match for yourself or a loved one.  The Long Term Care Services of Ventura County offer comprehensive information about long term care facilities through its Pre-placement Counseling Program.  – Sylvia Taylor-Stein

Posted in Articles, Budget Proposals, Federal Government, Letters of Support, Medicare and Medicaid, Nursing Home, Ventura County.


Senior Advocate: Ombudsmen Have Crucial Role In Elder Care

Thought you might like to see Betty Berry’s article about the Ombudsman Program in today’s Star.

Q: I recently visited someone in a nursing facility and noticed a poster providing contact information for the ombudsman. I don’t know what an ombudsman does and what, if any, organization is involved.

A: The program you are asking about is the Long Term Care Ombudsman Program. It is a nationwide nonprofit organization that helps ensure quality care for residents of skilled nursing and assisted-living care facilities.

The word ombudsman is derived from a Swedish word and generally means a friend from the community. The long-term-care ombudsman is a specially trained and certified individual who advocates for quality care for the elderly residents in care facilities.

In Ventura County, ombudsmen are assigned to specific facilities and are on the premises on a weekly basis. Currently the Long Term Care Ombudsman Program of Ventura County has ombudsmen in 228 facilities that are home to more than 7,000 elders.

The program derives its authority from the Older Americans Act and the staff and volunteers are certified by the California Department of Aging. To qualify, an individual must complete 36 hours of initial training, 15 hours of field service and 12 hours of continuing education annually.

The ombudsman’s chief role is to ensure that residents of long-term-care facilities are getting the services they are entitled to. The ombudsman promotes better communication among all parties serving the residents, mediates for better care, monitors conditions of care and tries to find solutions to complaints and, if necessary, bring unresolved problems to the attention of the appropriate agency.

In addition, the program offers various services to residents’ families and the community. Prior to a family placing a loved one in a care facility, the ombudsman program offers counseling. The sessions include information about types of facilities and what options are available. This service continues after placement with family support groups.

One of the most important services is investigating and resolving complaints made by either the resident or the family. The ombudsman also informs residents about residents’ rights and provides information about services available.

All services are free, confidential and available 24 hours a day, seven days a week. For information about this program, call 656-1986.

Sylvia Taylor-Stein
Executive Director
Long Term Care Services of Ventura County, Inc.,
2021 Sperry Avenue Suite 35
Ventura, CA 93003
T: 805.656.1986 ext 13

Posted in Articles, California, Ventura County.