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All Over the Map

Newly updated to include breast cancer, prostate cancer, and spine procedures, this CHCF-sponsored research shows that practice patterns vary dramatically from place to place.

Medi-Cal Transforms

Medi-Cal is the main source of health insurance for one in five Californians. An updated report gives an overview of the program's key features, describes how the program is evolving, and examines the challenges ahead.

Obama Care in the Second Term

CHCF is a long-time sponsor of the UC Irvine Forecast Conference. A webcast of this year's conference on health policy in President Obama's second term is now available.

Long-Term Care

Monday, January 10, 2011

Recent Lawsuits Target Staffing Levels at Calif. Nursing Home Facilities

Attorneys have filed several recent lawsuits alleging that California nursing homes are not meeting state staffing requirements, California Watch reports.

Skilled Healthcare Case

In July 2010, a Humboldt County jury imposed a $671 million verdict after finding that nursing home chain Skilled Healthcare had failed to meet state staffing requirements.

After the verdict, attorneys from both sides negotiated an agreement calling for Skilled Healthcare to pay $50 million to settle the claims and avoid bankruptcy. Skilled Healthcare admitted no wrongdoing in the case.

Additional Lawsuits

Several attorneys involved in the case against Skilled Healthcare now are bringing similar complaints against other nursing homes over alleged understaffing.

Kathryn Stebner -- a San Francisco attorney who is working on the new cases -- said lawyers have used state data to identify nursing home chains and facilities that provide inadequate staffing levels.

The new cases include:

  • Hazel Walsh v. Kindred Healthcare, filed Nov. 23, 2010 in San Francisco on behalf of a resident at San Francisco's Golden Gate Healthcare Center;
  • Phyllis Wehlage v. Evergreen California Healthcare, filed Nov. 15, 2010 in Sonoma County on behalf of a resident at Evergreen Lakeport Healthcare in Lake County;
  • Valentine v. Thekkek Health Services, filed Nov. 12, 2010 in Alameda County on behalf of a resident at Gateway Care and Rehabilitation in Hayward; and
  • Maria Hernandez v. Beverly Healthcare California, filed Nov. 10, 2010 in San Francisco on behalf of two residents at Golden LivingCenter facilities in Bakersfield and Petaluma.

Another lawsuit working its way through the courts targets understaffing at nursing home chain Covenant Care. The case was filed in April 2010 in Sacramento County on behalf of a resident at Emerald Gardens Nursing Center in Sacramento.

Health Facilities Weigh In

Mark Reagan, an attorney who represents the California Association of Health Facilities, said he does not expect any of the new complaints to lead to jury awards of the magnitude seen in Humboldt County.

Reagan has disputed whether state law guarantees nursing home residents a right to certain staffing standards. He also has suggested that the authority to enforce staffing requirements belongs to the state Department of Public Health, not the courts (Jewett, California Watch, 1/10).

Reader Comments:
  • 1
  • 01/10/2011
  • Barbara Hanson

If more middle class people were to pay the actual cost of care, and not skate in on under-reimbursed Medi-Cal rates courtesy of ubiquitous welfare planning done be well meaning attorneys (see everyday ads for Medi-Cal Planning in all newspapers), there could be enough money to cover quality care. Assisted living does not take Medi-Cal, and the food is great with fewer problems!



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