Report Elder Abuse
Published by: Berman & Riedel, LLP - Attorneys at Law | California Elder Abuse & Nursing Home Lawyers
Reporting Acts of Elder Abuse and/or Nursing Home Abuse and Neglect
Unfortunately, physical and financial acts of elder abuse and neglect are becoming more of a common occurrence within our society. This is especially true in circumstances where an elderly adult is vulnerable to those that they must rely upon to take care of them, be it a family member, a paid healthcare provider, a care facility, a nursing home and/or a financial provider. In the event where someone suspects that an elder adult is being abused or neglected, it is important that they seek immediate help, through means of reporting the suspected abuse or neglect. The following is a list of suggestions on how acts of elder abuse or neglect can be reported in California.
How to File a Complaint against a Nursing Home; Skilled Nursing Facility
I. Persons Qualified to File a Complaint
In California, the Licensing and Certification Division of the California Department of Public Health (DPH) allows for any person or organization to file a complaint against a nursing home. The person filing the complaint does not need to be the resident or the resident’s family member. DPH is the state agency responsible for enforcing skilled nursing facility laws and regulations.
II. Subject Matter Regarding a Complaint
A person is permitted by the DPH to file a complaint about abuse, neglect and any other matter protected by law. Some examples include complaints about: visitation rights, inadequate care, physical abuse, under qualified staffing, and improper charges.
III. When a Complaint Should be Filed
It is best to file a complaint with DPH when a serious issue needs to be addressed immediately and/or alternative means at resolving the issue becomes ineffective.
It is recommended that informal resolution first be considered. The best steps at resolving concerns informally are to:
- First communicate with staff of the facility or a family counselor if one exists.
- Another option is to contact the local county long term care ombudsman office for assistance. The state ombudsman program is designed to assist residents resolve concerns they might have regarding their care and rights. Although the ombudsman program has no power or authority over the state’s nursing homes, the program can be helpful in assisting with informal resolution, communicating concerns with other appropriate state and local agencies, and can even help with drafting formal complaints with drafting formal complaints to the DPH.
- Finally, if the first two steps fail to resolve your concerns, then it will be necessary to file a complaint with DPH.
IV. Where and How to File a DPH Complaint
Your complaint should be filed with the DPH Licensing and Certification office of your district. Your complaint can be made in writing or orally. If done orally, it is recommended to follow up with a written complaint to ensure there is a record of your complaint.
V. Information that Should be Included in a Complaint
A complaint should be brief and state the facts objectively. It is important to include such items as:
- Name and address of the facility;
- Your contact information and relation to the resident;
- The resident on whose behalf the complaint is being made for;
- Specific date(s) and time(s) of when incidents occurred;
- Specific complaints;
- Names of witnesses; and
- Records that should be examined.
VI. Other Agencies that Should be Notified
Other organizations may have authority to investigate your complaint or be able to help you with advocacy support or information. DPH may also give your complaint closer attention if it knows that other authorities have been alerted as well. Copies of your complaint should be sent to the local ombudsman office, and to:
- The Bureau of Medi-Cal Fraud & Elder Abuse (BMFEA): A complaint should only be sent to BMFEA if it involves serious neglect, abuse or Medi-Cal fraud. As a division of California’s Attorney General’s office, the BMFEA investigates and prosecutes individuals involved with abuse and neglect of nursing home residents. A complaint can be filed with BMFEA by either: (1) Calling 800-722-0432; (2) Visiting www.ag.ca.gov/bmfea, or (3) Mailing a copy of your complaint to the California Department of Justice, Office of the Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse, P.O. Box 944255, Sacramento, CA, 94244-2550.
- Your Local California Assembly Member and Senator: If DPH fails to properly respond to your complaint, notify your local legislators about your experience and urge them to take action. Your local Assembly Member and Senator for your district can be identified at: www.leginfo.ca.gov/yourleg.html.
VII. What Comes After the Complaint has been Filed
Once a complaint has been filed, DPH is required by California law to begin conducting an onsite visit within ten (10) working days of receiving your complaint. However, if the complaint involves a threat of imminent death or serious bodily harm, DPH is required by California law to promptly begin an onsite investigation within 24 hours of receipt of the complaint.
VIII. Rights as a Complainant
Once you have filed a complaint with the DPH, as a complainant, you are entitled to certain enumerated rights. These rights include:
- Being notified of the name of the assigned investigator within two working days of when the complaint is received;
- Being free from retaliation for a complaint;
- Remaining anonymous;
- Accompanying the investigator to the facility; and
- Receiving a response from DPH within 10 working days of completion of its investigation.
IX. Rights a Complainant has if Dissatisfied with DPH’s Findings
A complainant has the right to an informal conference with DPH if you are dissatisfied with its findings. An informal conference will only be coordinated if you notify the DPH district office manager in writing within 5 business days of receipt of DPH’s findings. The informal conference is usually scheduled within 30 days of the appeal and within 10 working days of the informal conference DPH should notify you of its determinations.
If you are still dissatisfied after a determination has been made by DPH after the informal conference, an appeal may be filed with the Deputy Director at: California Department of Public Health, Center for Healthcare Quality, P.O. Box 997377, Sacramento, CA 95899-7377. The appeal must be filed within 15 days of receipt of the findings of the informal conference. Once an appeal has been filed, the Deputy Director must make a final determination and notify you and the facility of its findings within 30 days.
How to File a Complaint against a Residential Care; Assisted Living Facility
I. Persons Qualified to File a Complaint
In California, the Community Care Licensing (CCL) of the Department of Social Services allows for any person or organization to file a complaint against a nursing home. The person filing the complaint does not need to be the resident or the resident’s family member. CCL has the regulatory responsibilities to: Issue license, conduct periodic inspections to ensure that minimum standards are maintained, investigate complaints, and enforce the laws and regulations by issuing civil penalties and administrative sanctions when necessary.
II. Subject Matter Regarding a Complaint
A person is permitted by CCL to file a complaint about abuse, neglect and any other matter protected by law. Some examples include complaints about: visitation rights, inadequate care, physical abuse, under qualified staffing, and improper charges.
III. When a Complaint Should be Filed
Informal resolution is usually the most useful and efficient way of resolving any issues or concerns you may have. Therefore, it is helpful to first bring your concerns to the attention of the facility administration first. If informal resolution fails, a formal complaint can be filed with the Ombudsman Program and/or CCL.
IV. Where and How to File a CCL Complaint
Your complaint should be filed with the nearest Department of Social Services CCL Senior Care Program Office. Your complaint can be made in writing or orally. If done orally, it is recommended to follow up with a written complaint to ensure there is a record of your complaint.
V. Information that Should be Included in a Complaint
A complaint should be brief and state the facts objectively. It is important to include such items as:
- Name and address of the facility;
- Your contact information and relation to the resident;
- The resident on whose behalf the complaint is being made for;
- Specific date(s) and time(s) of when incidents occurred;
- Specific complaints;
- Names of witnesses; and
- Records that should be examined.
VI. Other Agencies that Should be Notified
Other organizations may have authority to investigate your complaint or be able to help you with advocacy support or information. CCL may also give your complaint closer attention if it knows that other authorities have been alerted as well. Copies of your complaint should be sent to the local ombudsman office, and to:
- The Bureau of Medi-Cal Fraud & Elder Abuse (BMFEA): A complaint should only be sent to BMFEA if it involves serious neglect, abuse or Medi-Cal fraud. As a division of California’s Attorney General’s office, the BMFEA investigates and prosecutes individuals involved with abuse and neglect of nursing home residents. A complaint can be filed with BMFEA by either: (1) Calling 800-722-0432; (2) Visiting www.ag.ca.gov/bmfea, or (3) Mailing a copy of your complaint to the California Department of Justice, Office of the Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse, P.O. Box 944255, Sacramento, CA, 94244-2550.
- Your Local California Assembly Member and Senator: If CCL fails to properly respond to your complaint, notify your local legislators about your experience and urge them to take action. Your local Assembly Member and Senator for your district can be identified at: www.leginfo.ca.gov/yourleg.html.
VII. Rights as a Complainant
Once you have filed a complaint with the CCL, as a complainant, you are entitled to certain enumerated rights. These rights include:
- Being free from retaliation for a complaint;
- Remaining anonymous; and
- Receiving a response from CCL within 10 working days of completion of its investigation.
CCL is responsible to inform the complainant of its proposed plan of action and to provide a copy of CCL’s findings in a written report. If you are dissatisfied with CCL’s findings or proposed plan of action, contact the investigator’s superior or district manager at CCL.
Notifying the Patient’s Primary Care Physician about Suspected Elder Abuse or Neglect
Pursuant to California Welfare and Institutions Code Section 15630, a patient’s primary care physician is recognized as a mandated reporter. Mandated reporters are required by California law to report all actual or suspected elder abuse to the proper state agency. If a mandated reporter fails to report actual or suspected abuse, that individual can be charged with a misdemeanor, punishable by a jail sentence, a fine, or both.
How to File a Complaint about Financial Elder Abuse
I. Persons Qualified to File a Complaint
For all elder abuse or neglect, including financial elder abuse, that takes place outside of a skilled nursing facility or assisted living facility setting, the Adult Protective Services (APS) should be notified. The person filing the complaint does not need to be the victim or the victim’s family member. If necessary, APS will provide information and referrals to other state and federal agencies responsible for the type of financial elder abuse that is being complained about.
II. Where and How to File an APS Complaint
If you want to make a report of financial elder abuse, contact the APS office listed for your county. Your complaint can be made in writing or orally. If done orally, it is recommended to follow up with a written complaint to ensure there is a record of your complaint.
III. Information that Should be Included in a Complaint
A complaint should be brief and state the facts objectively. It is important to include such items as:
- Your contact information and relation to the victim;
- The victim on whose behalf the complaint is being made for;
- Specific date(s) and time(s) of when incidents occurred;
- Specific complaints;
- Names of witnesses;
- Records that should be examined;
- Statements made by the apparent victim or the suspect;
- Changes to banking patterns or practices; unusual account activity, such as large withdrawals or large wire transfers;
- Abrupt changes to legal or financial documents, such as a power of attorney or trust instrument.
IV. Other Agencies that Should be Notified
- For fraudulent Medicare practices, contact 1-800-434-0222 or http://www.medicare.gov/FraudAbuse/Overview.asp.
- For fraudulent Medi-Cal practices, contact the Office of Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse at 1-800-722-0432 or http://caag.state.ca.us.
- For other financial abuse, it may be helpful to also contact your local county’s District Attorney’s office.
V. What Comes After the Complaint has been Filed
Once a complaint has been filed, a social services professional will determine how soon a social worker will respond to the report based on the seriousness of the situation. The reporter will be contacted after an APS worker has been assigned to the case.
Contacting an Attorney
In 1991, the California Legislature enacted a body of law entitled the Elder and Dependent Adult Civil Protection Act (EADACPA) which was specifically designed to protect elders and dependent adults from acts of abuse and neglect. California's EADACPA, commonly referred to simply as the Elder Abuse Act, was created in part to encourage attorneys to pursue civil actions against those who commit reckless acts of abuse or neglect against the elderly or dependent adults who reside in custodial care facilities.
The law firm of Berman & Riedel, LLP is a San Diego, California, based elder abuse and neglect civil litigation firm that specializes in handling nursing home and elder abuse and neglect cases throughout the entire State of California. Managed by attorney William M. Berman who is recognized as one of California’s top rated Elder Abuse and neglect Attorneys (AVVO Legal, 10.0 Rating), the elder abuse attorneys at Berman & Riedel, LLP have secured some of the state’s most successful nursing home and elder abuse litigation settlements and awards, and have helped to change the law in California as it relates to elder abuse litigation, thereby garnering much attention from both the California media and state Legislature.
Committed to the pursuit of helping those who have suffered as a result of elder abuse or neglect, the elder abuse attorneys at the firm have extensive experience and knowledge in properly handling complex nursing home and elder abuse and neglect claims. The firm is highly selective in the number of case and clients it retains, thereby providing its attorneys the ability to give each elder abuse and neglect case the proper attention to detail required to produce the best results possible for its clients. The results the firm has obtained are remarkable. If you have any questions or concerns regarding the care that you or an elderly loved one is receiving, or feel you or a loved one has been the subject of abuse or neglect, feel free to contact one of our elder abuse attorneys today. Initial case consultations are always private and free of charge.
How to Report Elder Abuse
- Filing a Complaint against a Nursing Home; Skilled Nursing Facility
- Filing a Complaint against a Residential Care; Assisted Living Facility
- Filing a Complaint about Financial Elder Abuse
- Selecting an Attorney
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