Here are additional resources to help you find the best care for your loved one and prevent abuse and neglect:
Filing a complaint with the Department of Public Health
Any person or organization can file a complaint about a facility regulated by the Licensing and Certification division of the California Department of Public Health. A complaint can be filed regarding abuse, neglect, and any other matter protected by law. These include but are not limited to: violation of a resident’s rights, poor care, lack of staffing, unsafe conditions, or mistreatment.
A complaint can be filed online, by phone, fax, or mail. For the latter three options, you must find out which district office covers the location of the facility that is the subject of your complaint. Complaints against skilled nursing facilities and other long-term care facilities must be investigated within 60 days. Complaints involving general acute hospitals and other non-long-term care facilities must be completed within 45 days if the allegation indicates an ongoing threat of imminent danger of death, or serious bodily harm.
A complaint should include, at minimum:
- The name and address of the facility
- Your name, address, and relation to the resident (unless the complaint is being made anonymously
- The name of the resident on whose behalf the complaint is being made
- Dates and times of the incidents
- Specific complaints
- Names of witnesses and/or staff, if relevant to the complaint
- Which records should be identified, if known
The district office will notify you of the results in writing once the complaint investigation is complete
A complaint to the DPH can be filed here.
For more information on submitting a complaint to the DPH, visit the CANHR website here.
Filing a complaint to the Department of Social Services
To file a complaint against an RCFE, contact the Department of Social Services by phone at 1-844-538-8766. The licensing agency will make an unannounced visit to the facility to investigate the complaint within 10 days of receipt of the complaint. You will be informed of the results of the investigation.
For more information on filing a complaint with the DSS, visit their website here.
Adult Protective Services (APS)
Each California county has an APS agency to help elder adults and dependent adults when these adults are unable to meet their own needs or our victims of abuse, neglect, or exploitation. The APS agencies conduct investigate reports of abuse of elders and dependent adults and provide referrals to other agencies. This services is available to elders and dependent adults regardless of income.
For more information on APS, visit their website here.
To find the contact information for the APS agency for your county, visit here.
Published Articles Authored by Valentine Law Group Attorneys
In a recent article ‘Ascertainment of Truth in Litigation in the Face of Obstruction and Incivility” attorneys Kimberly Valentine and Jennifer Turner discuss the challenges faced in finding the truth for their clients in the face of obstruction and delay tactics in litigation.
In their influential article, “The Other Half of EADACPA,” attorneys Kimberly Valentine and Stephanie Silverman Warden explore advocacy on behalf of dependent adults and explain how lawyers can overcome the challenges in this area of law to fight for justice on behalf of these individuals.
An exceptional guide for those exploring the possibility of care for their loved one, “Find the Right Nursing Home for Loved Ones and Clients” presents an in-depth analysis in choosing care. This article with show you the steps to take when exploring skilled nursing or assisted living facilities.
“California Elder Facilities: Distinctions with Very Real Differences” by attorneys Kimberly Valentine and Stephanie Silverman Warden is an outstanding look at the different types of elder care facilities and examines what factors families should weigh when decided what facility is right for their loved one.
“Find the Missing Link” is a call to action for lawyers who are filing suits against a nursing home’s parent company. This thorough article shows the various ways lawyers can prove connections between nursing homes and their parent corporations.
Links to Outside Agencies
While these agencies are not affiliated with Valentine Law Group in any way, they provide further education to you and your loved one.
- Centers for Medicare & Medicaid Services
- California Department of Public Health
- Contact Information For Ombudsman Offices throughout California
- Contact Information for Adult Protective Services throughout California
- California Department of Public Health – Licensing and Certification Division
- California Department of Social Services Community Care Licensing Division
- The National Consumer Voice for Quality Long-Term Care
- California Advocates for Nursing Home Reform (CANHR)
- CANHR’S Residential Care Guide
State and Federal Laws and Regulations
- California Code of Regulations for Nursing Homes – See Title 22, Division 5
- Federal Code of Regulations for Long Term Care – See Title 42 – Chapter IV
- California Code of Regulations for Residential Care Facilities for the Elderly – See Title 22, Division 6, Chapter 8