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Additional Allegations Filed Against Elder Care Operator
Date:10/3/2008

list.

The "Green Flag" list includes such serious medical conditions as tracheotomies, gastric tubes, nasal gastric tubes, Dobhoff tubes, wounds, VAC therapy, chest tubes for drainage, colostomies, ileostomies, ureotomies, IV therapy, Hepatitis B, HIV. It also includes patients who are in restraints, need physical occupational or speech rehabilitation, chemotherapy, radiation, traction, or are an elopement risk. Presenting with any of these conditions qualifies them for "Automatic Admission/Always Yes Immediately," states the 24/7 Extendicare Admission Policy.

By law, a skilled nursing facility must be able to provide the care and treatment you need and be sure you are not a danger to other residents before it accepts you. These admitting policies were designed for all 16 Washington Extendicare facilities by the corporate office in Milwaukee, Wisc. A patient could only be DENIED admittance if the corporate vice president approved.

"I don't believe a corporate vice president in Milwaukee could possibly know if the local facility was able to handle the needs of the patient or if the patient should be in a hospital or another acute care facility," says Long Beach, Calif., plaintiff attorney Stephen M. Garcia of The Garcia Law Firm. "It seems to me that the emphasis is on increasing the census in order to increase the profits, regardless of whether the prospective patient needed care the facility couldn't give or if he were a felon or even a sex offender."

Coluccio and Garcia also found that the corporate-mandated Resident Rights form given to incoming patients, and which they had to sign, violates Washington law. Extendicare's form makes patients sign away their right to bring legal action for any potential liability for personal injury or losses of personal property. Washington law (Section 388-97-051 WAC) says that the resident has the right not to be asked or required to sign any such contract or agreement.

In the revised complaint
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SOURCE The Garcia Law Firm
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