PRESS RELEASE
FOR
IMMEDIATE RELEASE
Monday,
September 18, 2006
FOR MORE INFORMATION
Contact Carole Herman (916)481-8558
Foundation Aiding The Elderly
Sacramento, CA
DHS
Failing to Regulate Nursing Home Staffing
Watchdog Group Sues to Require Department of Health
Services to Set Minimum Staffing Levels for Nursing
Homes
SACRAMENTO, CA….California
nursing home patients are being put at risk of avoidable
injury or death by the California Department of Health
Services (DHS)’ failure to regulate nursing homes,
according to a lawsuit filed against DHS today in
Northern California. The lawsuit, brought by Foundation
Aiding the Elderly (FATE) and Shelia Whittaker, whose
mother suffered injuries as a result of insufficient
nursing home staffing, alleges that state law required
DHS to issue regulations setting minimum
staff-to-patient ratios in nursing homes by 2003, but
that three years after the deadline, DHS has failed to
do so. The lawsuit also alleges that DHS has illegally
taken regulatory action to decrease the minimum required
levels of skilled nursing care staff. FATE and
Ms.Whittaker seek an order compelling DHS to comply with
state law by issuing regulations setting minimum
staff-to-patient ratios and reversing any regulatory
actions that have decreased minimum staffing levels.
Both of these actions demanded of DHS will result in
increased staffing and better care in California nursing
homes.
“Nursing home patients are among the most fragile and
vulnerable members of our society,” says Carole Herman,
president of FATE. “Insufficient skilled nursing staff
is the single most important factor in assuring the
provision of adequate skilled nursing services. DHS’
failure to comply with the law unnecessarily exposes
nursing home patients to avoidable injuries including
bed sores, infection, malnutrition, serious accidents,
and even death.”
“The DHS’ failure to set regulations establishing
minimum staff to patient ratios is a clear violation of
state law,” according to lawyer Mark Todzo. Todzo, of
The Lexington Law Group, a San Francisco public interest
law firm, is lead counsel for FATE. “DHS has been
unwilling to do its job,” Todzo said. “It is unfortunate
that it takes the intervention of the courts to force
DHS into compliance with the laws it is charged with
carrying out.”
FATE was founded in 1982 with the mission of assuring
that elders are treated with care, dignity and the
utmost respect during their final years when they can no
longer care for themselves. FATE provides information,
counseling, advice, resources and referrals to those who
need assistance in dealing with care of the elderly.
Shelia Whittaker is a resident of North Highlands,
California.
The California Department of Health Services is a
division of the California Health and Human Services
Agency. Also named as defendants are Sandra Shewry,
Director of the Department of Health Services; Kathleen
Billingsley, Deputy Director of Licensing and
Certification; and Ruth I. Jacobs, Chief of Central
Licensing and Field Policy Section.
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Press Release Archives:
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