Home Health Care
Evaluate Your Concerns
If you need a sounding board to help assess whether your concern merits additional action, call the Home Health Hotline at 800-554-0354, a toll-free number established by the state licensing and certification district office to answer questions and triage problems with local home health agencies.
Review Contractual Rights
Begin by taking a hard look at the contract entered with the home health care provider — including the fine print — and see whether there is a violation of a right or responsibility specified in it. If so, it will likely strengthen your claim and may also signal the need to take action to right the wrong.
Act Against Elder Abuse
Sometimes, care or neglect amounts to a form of abuse. People of all ages who need home health care are generally vulnerable and often isolated — making them particularly easy targets for abuse. Older residents, age 65 and older, are protected by a specific law in California, the Elder Abuse and Dependent Adult Civil Protection Act.
Under that law, elder abuse includes a number of different forms of mistreatment of older people, who are often frail or otherwise vulnerable, at the hands of caregivers, family members, or others the older person trusts. Older people who are inviting others into their homes may be especially at risk of being taken advantage or harmed.
The laws that prohibit elder abuse protect against a wide range of wrongful behavior.
Physical abuse. This includes physical pain or injury inflicted upon an elder such as beatings, sexual assault, physical restraint, and depriving the person of food or water. Possible evidence of physical abuse are: cuts, puncture wounds, welts, bruises, poor skin condition or hygiene, uncared for injuries, absence of hair, hemorrhaging below the scalp, dehydration or malnourishment without illness, burns, and soiled bedding or clothing.
Financial abuse. Financial abuse includes theft or misuse of an elder's money or property. Possible evidence: unusual activity in bank accounts; an inconsistent signature on checks, or checks signed when the older person cannot write; changes in legal documents such as a will or power of attorney when the older person is mentally unable to make such decisions; unpaid bills; lack of amenities — such as a television, proper clothing, or grooming items; missing valuables such as jewelry or art; deliberate isolation from friends and family.
Neglect. Neglect is lack of action by the person who has care or custody of an elder, such as a home care provider. It includes the failure to give proper care such as assistance with personal hygiene, clothing, medical attention for physical and mental needs, and a safe environment. Possible evidence may include: dirt, fecal or urine smell in elder's living environment; rashes, sores, lice; elder in improper clothing, malnutrition, dehydration; and untreated medical conditions.
Psychological or emotional abuse. Willfully inflicting mental suffering on an elder may also amount to abuse. Examples are: verbal assaults, threats, intimidation, humiliation, or isolation of an elder. Possible evidence of such abuse is when the elder shows signs of being: fearful, depressed, helpless, disoriented, or unwilling to talk openly.
Abandonment. Abandonment is the desertion of an elder who needs care.
