News
CDPH Appeals CANHR v. Chapman (Epple) Decision, Ruling is Stayed

by Karl Steinberg, MD, CMD, HMDC

CALTCM members will be glad to know that the California Department of Public Health (CDPH) decided to proceed with the filing of an appeal in the CANHR v. Chapman case in late March, just squeaking in under the deadline.  This case, which deemed Health and Safety Code 1418.8 (Epple) unconstitutional—and the judge’s order prohibiting nursing homes from using the interdisciplinary team (IDT) process for medical decision-making (e.g., consenting to or refusing treatments) for unbefriended incapacitated nursing home residents, related to antipsychotics and the withdrawal or withholding of life-sustaining treatments—would have taken effect this week. 

Interestingly, the California Advocates for Nursing Home Reform (CANHR), who filed the initial lawsuite, also filed an appeal of the judgment, for reasons that are unclear considering that the judgment appeared to be favorable to their arguments. 

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CALTCM Letter to CDPH: CANHR v. Chapman

 

     

March 11, 2016

Karen Smith, MD, MPH
Director and State Public Health Officer
California Department of Public Health
PO Box 997377, MS 0500
Sacramento, CA 95899-7377

Dear Dr. Smith:

We are writing on behalf of the California Association of Long Term Care Medicine, the state chapter of AMDA—The Society for Post-Acute and Long-Term Care Medicine and California’s organization of skilled nursing facility medical directors, attending physicians, and other post-acute and long-term care professionals. Our members are very concerned about the judgment issued by the Alameda Superior Court in the CANHR v. Chapman case and its far-reaching consequences for some of the most vulnerable individuals requiring skilled nursing services in California. We are requesting that the Department of Public Health appeal this ill-considered decision to avoid significant suffering on the part of one of the most vulnerable segments of the population.  We stand with other professional organizations including the CMA, CHA and CAHF in requesting your assistance on this matter. 

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The Problem of the POLST in the Inappropriate Patient

by Timothy Gieseke, MD, CMD

At the recent national POLST meeting, a case of a patient unwilling to complete a POLST was discussed.  As the WAVE readers are probably aware, POLST is not generally recommended for patients unless they are in the last year or so of life.  In this case, in a nearby state, a SNF demanded that a total joint patient with a good prognosis complete and sign the POLST as a condition of admission to the facility.  When the patient refused, the facility refused to admit him.  In this state with a mandatory registry, what would be the implications of this “inappropriate” patient’s POLST form becoming a part of their electronic registry?

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Social Media "How-To"

CALTCM is social!  Join the conversation and receive updates on the latest news on Post-Acute/Long-Term Care on social media. You will need an account (which are free and simple to set up) with each social media platform you use.  Here’s a “How To” to get you started: 

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President’s Update 2016

by Deb Bakerjian PhD, APRN, FAAN, FAANP

Greetings CALTCM Members and Friends!

It has been a while since I last wrote an article for The Wave, so I thought it would be timely to update the membership on the many activities that we have going on at CALTCM.

As most of you know, last year we announced an opportunity for nursing homes to participate in our “Best Practices” call.  We had 17 nursing homes submit proposals, all of which were fabulous!  Our panel of judges were really challenged to select the top five submissions, but after careful consideration and much debate back and forth, we selected five proposals that best met the criteria of the award.  I’m pleased to announce the five who were selected:

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