How To Report Elder Abuse in Los Angeles: Part Two
In Part One of this series we looked at the agents and organizations responsible for handling complaints about nursing home elder abuse in Los Angeles and throughout California.
Part Two describes the step-by-step process for filing a complaint against a nursing home or other long term care facility, what to expect from the process, and how to track and follow up.
If you witness or suspect nursing home abuse, the first step is to ensure the immediate safety of the resident. If there is an imminent danger, call 911 for emergency assistance. It is crucial to prioritize the well-being of the resident and take swift action to prevent further harm.
Imminent danger notwithstanding, you can contact Los Angeles County’s Long Term Care Ombudsman. Ombudsman representatives help residents and their families with issues relating to health, safety and rights. They can advocate on behalf of the resident and register concerns through official channels.
For more information on the Long Term Care Ombudsman, see Part One of this series.
If your concerns are still not resolved, you can file a complaint with the Licensing and Certificiation Division of the California Department of Health (CDPH). The CDPH is the state authority responsible for enforcing laws and regulations surrounding nursing homes and assisted living facilities. Any person can file a nursing home abuse complaint with the CDPH, not just relatives or residents.
Filing a Nursing Home Abuse Complaint with the CDPH
You should file a complaint about any matter protected by law. This includes nursing home abuse and neglect, rights violations, understaffing, unsafe conditions, and concerns surrounding transfer/discharge. File a complaint when other steps have not moved the situation towards a resolution.
The complaint should provide information about what has occurred, who was involved, and how the resident was affected. Use clear, non-emotive language. Stick to the facts. Be concise but thorough.
Complaints should include:
- Name and address of the facility
- Name of the resident
- Your own details and relation to the resident
- Date and time of incident
- Details of the specific complaint or complaints
- Names of witnesses, including facility staff and other healthcare providers
- Written records that should be examined
Complaints can be made orally or in writing. If you file a complaint by phone, you should follow up with a written complaint. The CDPH should confirm receipt of your complaint within 48 hours of receipt. Request a complaint number, and name and contact details for your assigned complaint investigator.
Lodge your complaint with the CDPH District Office responsible for overseeing the facility or facilities in question. Be sure to keep a written copy of your complaint. You can find a complete list of CDPH district offices here. Visit the website to file a complaint about elder abuse in Los Angeles or anywhere else in California.
Following Up the Complaint & Tracking the Investigation
The CDPH may react more promptly if they know you are keeping tabs on the progress of your complaint and/or have notified other relevant authorities. Contact your Assembly Member and Senator to urge action. The Division of Medi-Cal Fraud & Elder Abuse (DMFEA) – a division of the California Attorney General’s office – investigates and prosecutes perpetrators of serious neglect, abuse, and fraud. Send the DMFEA a copy of your complaint, and inform the CDPH that you have done so.
Under California law, the DPH must begin most onsite investigations within ten days of receipt. According to California Health & Safety Code §1420(a)(1), any complaint involving an imminent danger of death or serious bodily harm must trigger an onsite investigation within 24 hours.
Investigations must be completed within 60 days of receipt. An extension of a further 60 days may apply if there are extenuating circumstances (subject to written notification to the facility and complainant).
The DPH must issue any citations resulting from an investigation within 30 days of completion.
Protecting Your Rights During an Elder Abuse Investigation
Understanding your rights as a complainant is critical to seeing the complaint through to a satisfactory resolution. Key rights for complainants include:
- Anonymity. The DPH is required to honor any requests for anonymity – thought it should be noted that maintaining anonymity can make it difficult to substantiate a complaint.
- Visits to the facility. If you wish to accompany the investigator to the facility, you should include this request in the complaint. Visitation requests may be denied if the DPH deems them a violation of patient privacy.
- Freedom from retaliation. California law prohibits facilities from retaliating or discriminating against anyone who cooperates in an investigation. Any treatment deemed discriminatory occuring within 180 days of filinf the complaint will be considered retaliatory.
- Right to appeal. The DPH must notify the complainant of their findings and of the complainant’s right to appeal.
The Appeals Process
If you are dissatisfied with the findings of the investigation, you can request an informal conference by writing to the DPH district office manager within 30 calendar days. The conference should be scheduled within 30 days of appeal.
Conference attendees will include the DPH district manager (or designee) and possibly the facility administrator. You have the right to bring an attorney. Within 10 working days of the meeting, the DPH should notify you of their determinations.
If you remain dissatisfied with the results of the informal conference, you may appeal (within 15 days) to the Deputy Director at the DPH Center for Healthcare Quality. An Appeals Unit review of the investigation will be conducted and you will be notified of the determinations within 30 days. This is the final stage of appeal available.
If the DPH does not keep you notified according to the timelines detailed above, contact them for a progress check. Maintain a timeline of all correspondence and communications with DPH, and seek advice from an elder abuse attorney specializing in nursing home abuse in California.
Schedule a Consultation with an Attorney Specializing in Elder Abuse in Los Angeles
If your complaint is not satisfactorily dealt through these channels, talk to a Los Angeles nursing home attorney for specialist legal advice. Dudensing Law can provide you with a free consultation to determine if you have a case against perpetrators of elder abuse in Los Angeles.
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