Submitting a complaint about nursing care or reporting abuse can be a stressful situation. Not only do residents often fear retaliation for reporting abuse, but it can be hard to find and provide proof. To make matters worse, in the past California Department of Public Health (DPH) officials were only doing deep investigations if the report could be verified by two of three required evidence sources. This meant that if there were only written records, there was a chance that the case would be left uninvestigated. Recently, though, California DPH has clarified their complaint substantiation rules.
Why This Matters
The obvious benefit of the DPH clarification is that more cases of abuse or lackluster care will be thoroughly investigated. Another benefit is that residents will hopefully feel more confident that they will be heard. Additionally, it is just one more way to keep all departments and organizations involved in abuse investigations honest and transparent; no case will be too small. If there is any proof at all of less-than dignified care or abuse, it will be looked into.
The New Complaint Substantiation Rule
Very simply, the new rule, according to California Advocates for Nursing Home Reform (CANHR), says that “there is no requirement to have evidence from at least two of the three sources; rather complaints are substantiated when it is more likely than not that a regulatory violation occurred, considering all of the evidence taken together.”
Additionally, the resources have been expanded to include long-term care ombudsman as reliable sources for information. Now that the rules have been clarified, investigators can address all complaints, no matter how much evidence there is.
Reporting Abuse
If there is a clear evidence of abuse, it is best to contact local police. You can also fill out the CNA/HHA/CHT Report of Misconduct Form, and contact the Long-Term Care Ombudsman Program. Be sure to take photos of bruising, take notes of changed behavior, and the dates you notice these changes or signs of abuse. You should also address any signs of abuse with nursing home administrative staff and/or social workers.
If the abuse or signs of abuse are less egregious and can be changed or improved, filing a complaint with the staff is typically the initial step in bettering your loved one’s care. If you notice that the nursing staff is dropping certain routines or hygiene necessities, then address these immediately with staff and supervisors. If clothes or belongings are missing, if a member of staff was rough, short-tempered, or inattentive, or if you think your loved one is not eating very well, or not being taken to activities that they would enjoy, then file a complaint. It may have been an oversight on the part of the staff, or a miscommunication that is easily solved by bringing it to their attention.
Learn the best way to file a complaint and the typical process here.
If you or a loved one have been a victim of nursing home abuse or neglect, call Gharibian Law (877-460-1187) for a FREE consultation and the best legal representation.
