According to the California Chronicle, California Assembly Bill (AB) 392 was signed by Governor Schwarzenegger on August 6, 2009 and took effect immediately. AB 392 restores a portion--$1.6 million--of the $3.8 million to the Long-Term Care Ombudsman Program that was cut by the Governor in 2008.
Role of Long-Term Care Ombudsman Program
California's Long-Term Care Ombudsman Program, which operates under the California Department of Aging, is responsible for investigating and resolving complaints that are made by or on behalf of residents of long-term care facilities. Long-term care facilities include nursing homes, residential care facilities for the elderly, and assisted living facilities. Additionally, the Ombudsman Program advocates for resident rights in the long-term care system and its laws and policies.
With the population of adults over the age of 60 likely to rise dramatically to 6.5 million by 2010 and up to 9 million in 2020, the Ombudsman Program plays a critical role in protecting the safety of nursing home residents. Local Ombudsman programs make unannounced, monitored visits to long-term care facilities and respond to reports of allegations of nursing home abuse and neglect. Without Ombudsman programs, these long-term care facilities would only be reviewed only once each year by governmental inspectors.
AB 392
Back in May 2009, AB 392 was under consideration by the California State Legislature. The bill was proposed by Assembly Members Mike Feuer and Dave Jones after the Governor vetoed $3.9 million in funding for local Ombudsman programs, which was approximately half of the Ombudsman Programs' funding. The cuts led to staff lay offs and a reduction of services, such as monitoring facilities and responding to complaints.
The funding for AB 392 will come from penalties that long-term care facilities have paid from failing to comply with federal laws that protect long-term care facility residents. The new funding will be available for use by Ombudsman programs for the rest of the 2009-2010 fiscal year.
Types of Nursing Home Abuse or Neglect
Abuse of the elderly can range in conduct from verbal abuse to violent, physical abuse. Elder abuse can take a variety of different forms, such as:
- Physical abuse, including hitting, inappropriate use of restraints, and inappropriate use of drugs on the elderly individual;
- Neglect or abandonment is one of the most common forms of elder abuse, where caregivers fail to provide proper care and supervision of elderly individuals;
- Verbal abuse, including yelling, threats, humiliation, or habitual blaming;
- Sexual abuse, including sexual contact with the elderly person without his or her consent; and
- Financial abuse, including misusing the elderly individual's checks, credit cards, or bank accounts.
Nursing home abuse or neglect is a very serious matter that necessitates immediate action and attention by family members and friends of the elderly individual. If you suspect that you or a loved one has been the victim of nursing home abuse or neglect, contact The Law Offices of James R. Gillen to schedule a confidential consultation.
