Castro Valley: Janitor saw elderly become weak

[happyslug]

57. By Federal Law that is what suppose to have been done

You must understand, long term nursing care is paid for by the Federal Government (with matching state funds) if the federal requirements are followed. Since the States want the Federal funds, every state follows federal law on this subject.

You can NOT move a person out of a Nursing home without that person's permission OR to another nursing home. That is a federal mandate. It appears in this case that the license was revoked by the state and then the state sent in inspectors on the last day of legal operation (24th of October) and the day after (the 25th of October). During either inspection did the inspector talk to the janitor.

911 admits they received four phone calls, but only send in someone on the 26th. I suspect what happen is the following:

1. License was revoked and the nursing home was told to move the patients elsewhere

2. The Nursing home told the families of the patients to move their relatives to another nursing home

3. Some families were able to find another nursing home or took in the patient themselves,.

4. Other families could not do either, so the patient stayed in the home.

5. This Janitor was hired the week of the 15th, after I suspect the previous janitor quit due to a failure to be paid. This Janitor was told he was to be paid on the 25th (Which was a friday).

6. The Nursing staff (mostly nurses aides but should include be a registered nurse on staff, but I suspect the license was revoked for their had no Registered Nurse on Staff and no Licensed Practical Nurse, LPN available 24 hours 7 days a week) quit when they were not paid on the 4th, 11th or 18th (The previous three fridays).

7. When the nursing staff left these two last hires remained for they did not know that they would not be paid.

8. I suspect some of the nursing staff stayed till Wednesday helping people pick up their relatives, but the number steadily fell till it was to much for even the remaining staff so they left. From the last day they were paid to Wednesday the Staff called the State Regulatory agency and asked what they should do. The State Agency refused to tell them what to do for the state did not want them to leave, but the state Agency also did not want to tell them to stay for that may make the state liable for the days they worked after they called the agency. Thus the staff was told nothing except to call their employer.

9. The State sent in an inspector on Thursday October 24th, 2013 and reported that there was no staff, just a cook and a janitor and the inspector could NOT locate the owner. This report was phoned in to the state inspectors supervisor. The State Agency Supervisor then called the number for the owner of the Nursing home and left a message on an answering machine to return her call. The Supervisor does nothing more for her training book clearly says the owner of the nursing home is the primary care provider and if there is any problems, call the owner and get the owner to fix the problem. Training may be FORBID any action by the state agency until they hear from the owner.

10. The State Agency local supervisor NOT getting a return sent in a second inspector who is told to get in touch with the person in control of the home. The problem is no one is in control and that is what the second inspector reports. The Supervision, going by what she was trained to do, again called the owner and left a message to call the Supervisor.

11. In the 24th the Janitor called 911 and was told to call her employer instead

12. On the 25th the Janitor called 911 a second time, again told to call his employer.

13. On the 25th the Janitor called again and this time told to call the State Agency (which I suspect he did but no one is admitting to it).

14. Late on the 25th the Janitor calls 911 and this time reports someone having severe medical problems, so 911 sends out EMT unit, who arrives and report back to headquarters that the place has no staff and all are in need of medical care.

15. The EMT term stables the situation (they have the training to do that). The EMT term reports that all of the patients are in need of medical care but are stable. 911 term then works out an emergency plan to put these patients into various other medical care facilities on Saturday October 26, 2013.

16. The janitor and the cook go home and the reporters have a hot item for their sunday papers.


I have to credit the janitor and the cook for staying so long, but I have to say this in his first 911 call he should have said all of the patients are in need of emergency care and force the hand of 911 to do something. I suspect to many people was passing the buck in this situation to every one else but themselves (including 911, but they should be rewarded for they did finally do something before someone died).