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For more unsettled account with elder abuse perpetrator, licensing and cover up with Gloria Merk, Bob Hing, Charles Boatman, Audrey Jeung, Susanne Roman Clark, Carol Macroft, retired Tom Shekta, Alan Elner, Saundra Munt, retired Mary James, Mary Jolls, Gary L. Palmers, Deputy Director – Jeffrey Hiratsuka. 916-657-2346 916-657-3783 and Will Lightbourne go to website www.rcfe40.webs.com >
Incompetent state employee’s retaliation, abuse of power to elderly I am reaching out to seek help from anyone who care to stop these suppressions from government agency call Department of Social Service Community Care Licensing, Licensing and Certification. These happened over a period of time since 2007 and until today. I complained and complained. Complaint letter ended up on the perpetrators’ desk. I went to see them. The problem escalated and got worse. Today, ,March 21, 2011, is another big setback to me. My heart dropped to the bottom of the ocean. I am completely exhausted and depress and completely paralyzed due to major depression as caused by conspiracy, retaliation and suppression from DSS, CCL, L and C. Can a policeman and the judge abuse their power given by the public and pay by the public to search and arrest their protected public for the sole purpose of retaliation (speaking up), suppression (shutting me up), conspiracy (abusing their power). Do these public employees from the State get punish for wrong doing? Retaliation do get stop by someone. On March 21, 2011, at 10:30 am, this is the date and time he set for calling me because I called him on last Wed, Thursday, and Friday, because I wanted to know the result of his decision, and does that really fit into my assumption that licensing came down every time under his direct, including the house search of my alert and oriented elderly residents’ and care givers personal belonging in their own rooms. On March 21, 2011, Boatman called me and said that your application was denied, I couldn’t give it to you. I asked Boatman for the reason and he said that because I was not in compliance with my care home. I told Boatman that I was expecting him to say that to confirmed my suspicion that Community Care Licensing came to my care home and gave us a 22640 dollars plus fine on my care home on March 18, 2011 which is 7-10 days I would talk to Boatman again but he keep putting it off on Monday. I wanted Boatman told me in his own word and I wanted to hear from him. On March 21, 2011, Boatman called me and said that your application was denied, I couldn’t give vendor approval to you. I asked Boatman for the reason and he said that because I was not in compliance with my care home.
I told Boatman that I was expecting him to say that to confirmed my suspicion that Community Care Licensing came to my care home and gave us a 30 thousand dollars plus fine on my care home on March 18, 2011 which is 7-10 days I would talk to Boatman again but he keep putting it off on Monday. I wanted Boatman told me in his own word and I wanted to hear from him.
I asked him to send me his denial letter as soon as possible so that I can get closure and move on with life and decision what to do from here.
As of today April 8, 2011, I have not received any letter from Boatman. I have check my school site every day for his mail. Last time, he sent me a denial letter in Dec 2010. I went to the post office for the registered mail and it was someone else denial letter he sent me. A serious breach of confidentiality.
Last June 30 licensing came to raid my care home to do a narcotic search to my elderly residents was 7 days that Boatman said that he would talked to me again. The whole scenario got repeated. Prior to this Licensing had not been in my facility for 2 years and we had no fine for the past year. In the November 2010 meeting with Susanne -Roman Clark, She complained that CCL had 4 counties to inspect. As you could see what happen here. Last 3 ways conversation with Charles Boatman and retired Tom Shetka who misleaded me to believe that he was representing Californian Dept of Social Service, He hung up and threatened me that I would be called to the ALJ Administrative Law Judge which had never happened. I called Boatman to follow up with the ALJ meeting because nothing happened for a very long time. Then, Boatman suggested that he will have new analyst, Alan Elner, who seems to be very kind to read my application. I was so naive to believe that I could still get the vendor status after struggling for all these years with DSS CCL. In our last 3 conversation with Tom Shetka and Boatman, after suddenly without announcing what they were doing, we got reconnected after Tom and Charles discussed without me, to make me an offer to refund my application fee and don’t ever apply again. I refused. I told them. It is not the money that I have already paid and cashed by the dept long time ago. It was about the amount of work I put in, the sleepless hours, hard work, the hope I put in this work. I want to be read fairly. Then the result of that conversation was to take to the ALJ which never happened as I follow up. Boatman told me Alan Elner will read my application. I worked with Elner for a long time because he wanted the slides rearranged, he wanted this and he wanted that. I do everything for what he wants. He finally told me that it is on Boatman desk now for approval. Audrey Jeung from San Bruno licensing came and gave me a huge fine. And I called Boatman for his decision. He deferred the decision until Monday March 21, 2011 at 10:30am and told me -no- When I heard what he said, I was choked with my tear but I have to hear it from him to confirm. All of them, Audrey Jeung. Charles boatman, Susanne roman Clark and Alan Elner all have their as their office e-mail address. I called Elner, he said that he got nothing to do with Boatman decision, he was only one to decide not him, Elner call Boatman – Charles-. He said that he couldn’t understand me because I use too many pronounce. He was playing good guy, elner to get me to revised on my application and give me false hope, and Boatman was doing the bad guy to get rid of me. Community Care Licensing came to inspect my care home and gave me a fine for taking care of elderly for 30 thousand dollars and a fine of 150 dollars a day. According to title 22, It stated that if residents were injured, harm or there was a death in my facility and is avoidable, the facility would be fine for 150 dollars a day. There was no one fell in my facility, no one got hurt and no one ever die during the whole time I open for business in E. Hillsdale Rose Garden. My facility record on the community care licensing record was I will fax you ombudsman report to substantiate that. It is a fact. My facility had never been put on probation since the 6 years that we are in operation and even now I am still on their website record. You will be the judge to this but you must read from my journal since 2007. I lose my own home for 40 years to foreclosure and tried to keep this care home opened. Now,. Susanne Roman Clark signed letter stated that she will sue me in small claim, do a wage reduction, and report me to IRS extra for their fine. As I told her in our last meeting November 2010, money you take away from me is money you taking away from these elderly residents. I asked her where did these fine money goes, she never responded to me in this question. I will closed this care home after talked to Susanne Roman Clark from Community Care Licensing several time on the following Monday after Audrey Jeung came to issue a 22460 dollars fine to me Her response was that it was you who said you were going to close it.- Yes, I have to pay 6 low pay elderly residents who have been in the facility for 6 years in a different care home, not of their choice and going through a transfer trauma. My employee would have to find another place to live and lost her job.
Right now I am completely depressed, exhausted and paralyzed by being punished b y these people. What is justice and what is America democracy. What I have done to the elderly? I treated them like my family member for the last 6 years and what the dept DSS CCL L&C had done to the care home, esp me they targeted on for retaliation. In 2007, I applied for vendor to teach administrator class to DSS certification and licensing dept. Denied by the department, fee confiscated and I was sued by the State of California and administrator status put on hold indefinitely because of the lawsuit. No one remembered that there was a hold on my administrator status due to the lawsuit. This is a hole in the department system. I actually help the dept to resolve this indefinite hold. I went to renew my administrator status because I have my business to run. I did everything right to renew; CEU completed, send in fee on time. Fee was cashed by the CCL certification and licensing dept but never get a certificate to show that my status was renewed. I kept calling the dept, no one could tell me what happened. The answer was -Your name is not there. You are not on the record.- Boatman, dept manager after I submitted all my evident and his investigation said that he would send me the certificate. I waited 3 more months but nothing came. I followed up and called to remind him. He didn’t remember a thing of what was promised to send me. Asked me to re-send every proofs and documents for an investigation, another investigation just completed 3 months ago. He couldn’t remember what was done and said. Fortunately, I kept good record of my documents and cashed check retrieved from bank. His supervisor Shekta called to talk to me, we argued, he insisted on me paying the late fee. I was never late on paying the fee. It was the Dept who put an indefinite hold on my record while I was threatened to be sued by the Dept. I was sued and treated like a criminal because I want to teach a course and was denied by the dept. During those 2 years, I have to hire someone to work as an administrator to run the business for me. When I eventually got re-instated, there was never an empathetic sorry from anyone in the dept. When I followed up from time to time to the dept, Mr. B would tell me that he was consulting a second lawyer from the State Dept. I told myself, who represent me as a tax payer when he was consulting 2 State lawyers on a simple matter over a long time that they are at fault, they tried but couldn’t evade the responsibility. Clearly, if I didn’t follow up on this, no one knew what happened back in 2007 and no one cared. My administrator hold status will never be lifted. After 2 years, my administrator status has just been re-instated. I wanted to apply for vendor again. Submitted all application for elderly, adult and group home both initial and continue education and online CEU in 9 categories. All fee for each categories were paid and they collected and cashed out by the dept. All material to be reviewed had been sent. Mr Boatman called me and persuaded me to withdraw. He said that I am not qualified. (I have a different opinion on that. I believed that I am qualified per the dept published requirement). I remembered, Boatman called me the date after our 3 ways conference to make sure that I met the deadline he set for me. That is by the end of the day to send him an e-mail to withdraw from the application. He never told me that he would take my fee. I spent a lot of time to prepare and design and write up the curriculum and lesson plan. It is harder for me to put in an entire curriculum together than to have someone just read and comment on it, especially if they have been doing it for a living and for many years. I have already done all the work. I have everything to lose, if I didn’t follow through, however, for them. By persuading me to withdraw, they took the fee for having to do nothing in return. I did withdraw the Adult Residential Home (ARF) and Group Home (GH), so that they can facilitate the review process on just Resident Care Facility for the Eldery (RCFE). It didn’t happen that way. I got arf and gh applications return un-touched and a letter that tells me, I needed to re-submit the fee if I would apply again. Why did they remind me that because I just persuaded by Mr. B to withdraw. He should advise me before I made the decision. He is not in a position to persuade me to withdraw and the decision should be on me and only if Mr. B would disclose the fact and condition as explain in this letter. I felt that I have been trick to make a wrong decision. They have confiscated my fee. This was what happened in 2007. The dept took the consideration, my fee, but not performing their duties, they cashed the fee I submitted but not sending me the administrator certificate. I have to wait months to get my rcfe application back after calling them to follow up many times. Please check on Ms. Munt’s work attendant. She always has out of office auto e-mail response. Sometimes, even she stated that she would return on this day in the e-mail, but her voice mail would have a recording saying that she is still out of the office. I waited extra months for the rcfe application back and she made irrelevant and general comments on my application that I wonder did she read my package and I have reason to believe that she didn’t read my application documents or she has confused with my application material with someone else. I wrote e-mail to Boatman to discuss with him. He preferred not to respond to me. I worked very hard to re-submit my new revised package. Ms. Munt wants everything, and everything not listed and published on the dept guideline as requirement for application. When I had a 3 way conference with Boatman, he kept saying that to follow the guideline published by the dept which is all wrong. What they want was not listed on the guideline. It is totally different from what is on the guideline. I seriously doubted if they have a double standard. What they said is the regulation and the law. I finished and send out the package meeting the deadline they set for me within 30 days. I spent days and nights working on the project. I mailed out my package and e-mail powerpoint to him. I followed up with a phone call on the Monday I mailed out my package to alert Boatman that I mailed out my revised curriculum and it was on time. They never send me any acknowledge that they have received my package or what is going with the review process. All you do just kept waiting and usually for months with no acknowledgement. It has been 6 months now that I haven’t heard back or even a letter of acknowledgement about they received my application and my package. Just like my administrator certificate in 2007. I sent in everything and check cashed but I never get any certificate in return. When I called to follow up, no one could tell me what happened and why I didn’t get a certificate. Even after the investigation and Mr. Boatman promised me the certificate was coming. After 3 months of waiting, I called him to follow up and he would forget everything he said and told me to send all document in again and launched a unnecessary and repeated investigation. That was why it took 2 years to straighten out this mess with a lot of time, money and energy waited on my part for the State Dept’s mishandling of documents and mistake. This is what happened to my residential care home from DSS certification and licensing unit and community care licensing’ act of retaliation. I returned the revised RCFE ICTP to DSS certification and licensing unit. F/U called to Mr. B on last Monday to make sure he knew I sent out revised package as required within 30 days. He said that he would talk to me on July 6, 2010 Tuesday. On Wednesday, June 30, 2010, licensing analyst, Ms. Audrey Jeung, came to “raid” my elderly resident care home. Just 7 days prior I would be talking to Mr. Boatman again, Community Care Licensing analyst came and did a complete search on residents’ and care givers personal belonging. Residents’ rights were violated. The Department of Social Services and Community Care Licensing failed to properly train their analysts in protecting elderly residents privacy, rights, quality life and respect and not to disturb them from peace and enjoyment in their own home. Of course, analyst had exceeded her limit and scope of responsibilities during the search,including acting like a cop and narcotic squat with a warrant from court, unable to come up with evident to incriminate residents in the search to charge the facility, didn’t explain and state purpose of the search to the alert and oriented elderly residents. Community Care Licensing work in collaboration with DSS certification and licensing dept in Sacramento to retaliate on facility owner and in abusing elder care home residents who resided in E. Hillsdale Rose Garden in San Mateo. Elderly resident were victimized in accomplishing Mr. B of Licensing unit for his own personal means. Please read Part 2 of the story to find out reaction from the elderly residents. Mr. B is Charles Boatman in Sacramento Ms. A Audrey Jeung Analyst in San Bruno Office Incompetence California State authority official retaliation involve in elder abuse of care home residents. On Wednesday, June 30, 2010, licensing analyst, Ms A, came to “raid” my elderly resident care home at around 3:00 pm per my care giver who was calling me for help. Later, Resident 1 and Resident 2 who were sitting in the living room asked to speak to me. They told me that someone who has no make up on (I think they meant untidy, disorganized look and in a nerve wrecking, impulsive manner) and hand gesture to described how she dress and look came to her room and opened all her drawers and count all the bed sheets and looked under the bed. My female resident was very fearful. She didn’t know what was going on. The intruding licensing analyst was acting like a narcotic squat. I asked my residents did that person knock on your door before entering your room, did she introduce herself, did she explain what she was doing and did she ask for your permission to search into your personal belonging? My resident said no, and then added that the person did ask to open her drawers. My resident didn’t want to be rude. She gave permission for that one. I told my resident that they have rights to refuse for the search in their personal belonging from intruders. Resident said that she was so afraid and it came rather unexpected in that June 30, 2010 afternoon. She used to enjoy her peace and quiet in her own room. That resident was angry at herself that she allowed stranger for searching through her personal belongings against her own true desire. All my care home residents are ambulatory and alert and oriented and very intelligent. Another male resident told me the same thing that his personal belonging in his room was searched and he said that analyst found a bottle of pills which the dialysis center gave to him. He was an end stage renal disease resident with vas cath on his chest for dialysis 3 times a week. He said that he didn’t know that he had to turn the bottle of pills into us. He had kept it with him for diarrhea and he had not told anyone about this bottle of medication. He felt very guilty that we got cited for his false. He was very apologetic to me. I don’t want to say more now because I have to deal with these people for fines she gave out to me $1000 for the first time, as Ms A cited on the paper, unjust damage to my residents post traumatic distress, emotionally. This is how retaliation can cost you. Resident 3 is a 90 years old man, very witty and alert, he kept asking, would they close my home down. I told my residents that they came here for me for retaliation. It had nothing to do with them. Resident 1 sighed with a relief and told me that she felt much better now after talking to me. The residents were so unhappy and disturb that they would like to petition a complaint for what happen to them on June 30, 2010 in their home. What is quality of life? What are resident rights and what is privacy and respect? We have to send these analysts to learn to do their job again. They are disturbing my resident’s peaceful life and treated like a criminal for not committing a crime. This happened in United States too. The country may be different but people who are in power are the same, an example of abuse of power and authority. I am just someone who wants to share my feeling whether you like to hear it or not. They were shaken. My care giver’s face was reddened and I afraid that she might stroke out. I wasn’t present so I couldn’t feel the heat they were describing to me. One more note on these, my direct care giver has her own private room and private bath. All my room and bath are private in the house but I took resident with SSI and veterans. Why did analyst also search into my direct care givers belonging? What was she doing in the care givers room? Was she insane or under some kind of influence? Was she doing something out of her scope of practice and responsibilities? I couldn’t understand this as of today. I am expecting more big trouble or back stabbing to come. This is the prize to pay for making a complaint. Analyst need to respect personal right as well as resident rights. She is not a cop and we are not criminal to be treated and insulted as one. If she want to search all over the house, she better bring a warrant from court. Community Care Licensing analyst didn’t have the right to search a civilian’s home without a warrant and all my residents has no prior criminal record and no evident to show that residents had broken the law or concealing illegal narcotic or firearm that desire elderly community care licensing analyst’s thorough search into their personal belonging. The analyst was actually abusing and harassing the elderly residents she supposes to protect. Even my elderly residents believed that analyst has exceeded her power to search without evident. My residents were harassed, insulted and intimidated. We have no fire arm and narcotic in the house. This is a job well done Mr. Boatman and your company, by putting the pieces together. Licensing has not been here as long as 2 years and showed up just 7 days prior to talking to Boatman again. Last time when I talked to Charles Boatman and Sandra Munt in the 3 ways conference call, they ask for if I have any citation in my facility more than one time individually, this is perfect timing which lead me to think that Mr. Boatman asked CCL analyst to purposely search into my resident’s and care givers personal belonging. I am not afraid of speaking up, and complaint even thought costly but I get to see some of the ugliness in people what America needed to change with the slogan to stop elder abuse. Community Care Licensing for the elderly is the abuser not the protector of the elderly. It is very questionable about their analysts’ competency training to do this very important job. My residents in house are traumatized and they felt very insecure in their own home. They felt devastated and insulted. They told me that this kind of raid never happen to them before in their life, but it happen here in the elderly resident care home. They didn’t feel protected. They couldn’t enjoy live in peace and relaxation. They lost self control and self esteem. They were made to feel like a criminal and slip deeper in depression and paranoia. My residents are not demented; they are very smart and couldn’t be fool. They voluntarily asked to petition for a complaint as their healing process, hopefully to regain their self control, individual right, respect and dignity again. At their tender age, they should not be mistreated as this is an elder abuse by the community care licensing and their abuse of power. To-morrow is Resident 1’s birthday, I promised to help her draft a complaint letter to heal her emotional wound, but I just didn’t know where to send for her. In the worse scenario, I will not be a vendor to teach the administrator classes. They have confiscated all my filing fee. Community Care Licensing could fine me as much as they want. I will close up my care home. 5 elderly will lose their home and care givers will lose her job. It is still worth to pursue justice because I still believe in justice. I have all my residents behind me for support. My residents are law abiding elderly who would not even step on the front lawn and prefer to walk around the grass patio, as resident 4, a war veteran. My residents wanted me to speak for them and help them to voice their concerns. My suggestion through these was that the State government should trim incompetent, non-performing, abusive rule enforcers from their payroll and has the government system check to make sure that no rule enforcers are abusing their trust from dependent and law abiding citizen and abuse their given power for their own means. Part 3 It is unlawful for analyst to abuse elderly care home residents. Small care home operator has to pay increased license fee way out of its proportion. If a less than 6 residents care home pay the license fee one day late, there will be a 200 dollars more mandatory late fee from the department of Community Care Licensing. I am very proud of what I did with my care home residents. I only have SSI and veteran with no family to care for them. I could see what big different it made to them after having a stable home. They taught me “It is happier to give than to receive gift from someone.” Licensing unreasonable “raid” to my care home and put a fine of $1000 dollars on my facility as retaliation. I would want this analyst and the conspirators behind the plot that I am an insignificant person with a heart to care for and help the elderly. I want to see them happy. We are mutual friends. Our board and care home don’t receive and funding from the government or any other source and one dollar of fine you charged me is a dollar you rob away from my residents. My care home residents are in these together. I talked to a California Health Care Facility Evaluator Supervisor, who has worked in her current position for more than 10 years. I asked her” Have you ever in the job search facility resident’s personal belonging?” She paused for a moment and replied” Once.” She explained to me that it was a case of missing personal belonging in a Skill Nursing Facility and the demented resident was hoarding up things. “Of course, I have to ask for the resident’s permission first before hand” she said. I told her what happen to my care home last Wednesday. She shook her head and said this is highly usual and it was definitely elder abuse. They have to be very careful with resident dignity, respect, privacy and rights. Even then, they never do blind search. There must be a relevent complaint, they have reason to believe that this resident had done it and they knew what they were looking for. It was not purely motivated by retaliation. Who were these analyst who came to search my residents personal belonging in our home? They don’t have warrant from court and right to search civilian home in their job description. Searching care home residents in their licensed residential care home was these Analysts’ every job or just my residents in my home. Charles Boatman said that he would called me Tuesday 7/6/10. He never did. This has been three day after 7/6/10 he didn’t call. He sent an analyst to raid my residents and our home just 7 days prior to 7/6/10. He thought that he had nailed me this time. He could close the case and close my care home. He told me once that this is his project which is to deal with me for himself and that group of California Social Service Department officials, whoever with e-mail suffix @dss.ca.gov A When Foreclosure Threatens Elder-Care Homes Original source: B.w5?a=581648&f=19 New York Times By Laurie Udesky April 18, 2010 In September 2009, Sgt. Rick Turini of the Santa Clara County Sheriff’s Office drove to a house in San Jose to carry out a court-ordered eviction. With foreclosures in Bay Area counties near all-time highs, the office had been routinely evicting 35 to 40 households a week. But this property was different: It was a board-and-care home for the elderly. Neither the residents nor their families had been warned about an eviction, said Sergeant Turini, who does not recall the home’s exact address. When he arrived with his partner, the house was still occupied, and the distraught daughter of an elderly bedridden woman was struggling to get her mother into a car. A couple of teenagers doing homework in the living room looked up at the officers in shock. “We got a call from Adult Protective Services letting us know that the house we were evicting had four or five bedridden residents, and the guy was ignoring the eviction notice,” Sergeant Turini said, referring to the owner. “I couldn’t believe it had gone this far.” He said the sheriff’s department worked with agencies to arrange for the fragile inhabitants to be transferred to other facilities or sent home with relatives. “Here at the sheriff’s office we’re not going to put a person who can’t take care of themselves out on the street,” the sergeant said. Because of a loophole in the law, owners of residential-care facilities for the elderly – who often double as administrators – do not have to tell their residents or the residents’ families if they miss mortgage payments or are on the brink of foreclosure. An analysis of data by The New York Times shows that more than 100 elder-care homes in the Bay Area were under foreclosure in the last six months, and that as many as 700 residents – who often need help with bathing, eating and other daily activities – may have faced eviction. At the time they are licensed by the California Department of Social Services, owners of the homes are required to show enough financial wherewithal only to cover three months of operating costs. Unless complaints are made to the agency, current law requires that these homes be visited only every five years. “Who is minding the shop?” asked Anthony Chicotel, a staff lawyer with the California Advocates for Nursing Home Reform, which is cosponsoring legislation to increase protections for elderly residents in these homes. “The law doesn’t really say. There’s no obligation for them to do anything if they fall into financial distress.” This means residents, their family members and even the staff providing care may not find out about a property’s financial troubles until they see an eviction notice or a sheriff at the door. Armed police officers could forcibly remove residents from their homes “without any notice, without preparation, without any arrangements for an alternative residence,” Mr. Chicotel said. “Not only are they losing their home, but they are losing the services that allow them to live.” Tippy Irwin, executive director of the Ombudsman Services of San Mateo, said this trend of ousting elderly residents without warning was “unprecedented.” Her office has handled eight foreclosures of elder-care homes in the last two years, and few owners gave warning to residents or their families. Ms. Irwin said her staff had to scramble to find new places for the residents. “In one residence, we got wind that the sheriff had issued a three-day notice to move people in the house, and that was a Friday,” she said. “We had to move them all in one day. It’s not the way it should happen.” “Every one of these owners has been in denial,” Ms. Irwin continued. “They themselves are going through hell. They’re losing their homes and their businesses. Not one of them has acknowledged what’s happening.” Brenda Wing experienced this denial first-hand in February when she went to visit her 84-year-old father in the Northstar Manor care home in Woodland. When she arrived, Ms. Wing said, there were three papers stapled to the door that said the house was going to be sold at auction. She called Stephanie Khan, the administrator, and was told that it was a misunderstanding, that the owners were refinancing. Then, on April 7, the sheriff served an eviction notice, Ms. Wing said. She called again, and Ms. Khan again said it was a misunderstanding. Then, Ms. Wing said, the conversation turned ugly. “She was really angry and said, ‘You’re asking me about personal finances!’ ” Ms. Wing said. “I said, ‘No, I’m asking you if my dad is going to be put out on the street!’ It was such a hideous conversation that I had to hang up.” Ms. Khan confirmed the conversation and the posting of the eviction notice, but said that a loan modification was being negotiated and that the bank had lost the paperwork. “I wouldn’t tell her about my mom’s financial business unless it affects the residents,” Ms. Khan said, “and the loan modification attorney said that it won’t affect the residents.” She refused to identify the loan modification lawyer, but said that if she and her mother had been told to evacuate the premises, she would have told the residents and their families. “I would tell them to find alternative housing and give them enough time,” Ms. Khan said. Records from DataQuick, a firm that tracks 83 million properties in the United States, show that Northstar Manor was foreclosed on and is now owned by Wells Fargo Bank. Kevin Waetke, a Wells Fargo Home Mortgage spokesman, confirmed the bank’s ownership, but said that as soon as the bank learned it was a care facility with elderly residents, it delayed the eviction. “We are working closely with the families and have assured them that we will provide all the time they need to relocate the residents in appropriate housing, however long it takes,” Mr. Waetke said. Alexandra Morris, a gerontologist working with the Alzheimer’s Association of Northern California, said that many occupants of these homes had dementia, and that an abrupt change could cause severe anxiety and decline known as transfer trauma. “People with dementia focus on familiar people, and familiar aspects of an environment,” Ms. Morris said. “That’s their anchor, and they can quite literally feel adrift when they have to move.” Agencies that oversee these residential-care facilities for the elderly – which typically house up to six patients – have no reliable data on which homes are threatened with foreclosure or have closed because of it. But a New York Times analysis of licensing and foreclosure data indicated that about 16 percent of the 1,600 Bay Area properties licensed as small residential-care homes has been in some stage of foreclosure since June 2006. According to RealtyTrac, a company that compiles foreclosure records, that includes more than 100 homes under foreclosure in the last six months. It is impossible to tell from the data how many of these were operating as residential-care homes during the foreclosure proceedings or thereafter. But those properties housed as many as 700 elderly residents. Thelma Tan’s elder-care home, April Garden, in Saratoga, was among the properties in foreclosure on a list RealtyTrac updated April 4. Ms. Tan said she worked out a deal with her lender on April 5 and defended her decision to keep staff and residents in the dark. “There’s no need to alarm the families,” she said. “Of course, if something drastic was going to happen, we’re required to give them notice.” Community Residential Care Association of California Charles Skoien, Jr., director of the Community Residential Care Association of California, said he was unaware of the spate of foreclosures and evictions in elder-care facilities. He said the licensing agency should be in those facilities long before “something like that is going down.” Asked about legislation that would tighten requirements, Mr. Skoien said: “I think we have adequate regulations now. I don’t think we need more.” State Senator Mark Leno, Democrat of San Francisco, has introduced legislation that would make it less likely that the elderly residents in these care facilities would have no warning of a pending foreclosure. It would require people licensed to run such facilities to notify the licensing division of the Department of Social Services and the residents or their legal representative within 24 hours of notification of foreclosure, bankruptcy, missing a mortgage payment or the prospect of a utility cutoff. The bill would also fine owners who failed to do so $100 a day, and permanently disqualify them from operating elder-care homes in California. A vote on the measure is not expected before June. Ms. Irwin, the San Mateo ombudsman, hopes it will pass. “We’ve had a terrible time in this county, and we kicked up a storm,” she said. “We need these protections in the law.” Find Charles Boatman in the following activities. He was the one approved and gave the CE unit Day 1 – June 17, 2010 – Topics Dealing with Problem Employee Substance Abuse in the Workplace Medical Marijuana Legal Issues Legal Pitfalls & Practical Suggestions California Labor Laws Review Peter Flanderka, Attorney Long-Term Care Update Medi-Cal Waiver Programs Update Expansion of Assisted Living Waiver Pilot Project Mark Mimnaugh, Acting Chief, Monitoring & Oversight Section California Department of Health Care Services Update on Olmstead Act Implementation Progress of Olmstead Advisory Committee Ruth Gay, Director, Public Policy and Advocacy Alzheimer’s Association Member, Olmstead Advisory Committee Day 2 – June 18, 2010- Topics 2010 Legislation Update 2010 CCL Implementation Plans-RCFE/ARF/GH Joan Regeleski, CRCAC Consultant Worker’s Compensation Insurance Update & Claims Procedures Gail Drzesiecki, Assistant Claims Manager Jan Smith, Claims Liaison State Compensation Insurance Fund California Community Care Licensing Mission & Updates For RCFEs, ARFs, and Group Homes Gary Levenson-Palmer, Chief, Technical Assistance & Policy Branch Dorette Pierce, Chief, Caregiver Background Check Bureau Cathy Claiborne, Manager, Caregiver Background Check Bureau Charles Boatman , Manager, Administrator Certification Section Mary Jolls, Senior Care Program California Department of Social Services Community Care Licensing Division RCFE Course Approval: Applied for 16 Hours (8 Hours Each Day) ARF Course Approval: Applied for 16 Hours (8 Hours Each Day) Group Home Course Approval: Applied for 16 Hours (8 Hours Each Day) NHAP Approval: Applied for 16 Hours (8 Hours Each Day) Provider Approved by the California Board of Registered Nursing, Provider Number 10821, for 16 Hours. Hotel Reservations: Atlantis Resort Hotel (800) 723-6500 begin_of_the_skype_highlighting (800) 723-6500 end_of_the_skype_highlighting Room Rates: Nights of June 16 & 17 = $59.00 Single/Double Night of June 18 = $119.00 Single/Double All reservations are subject to local occupancy tax along with $10.00 resort fee + tax per night. Identify yourself as attending the “Community Residential Care Association of California Conference” Hotel rooms blocked until 5 PM on Monday, May 24, 2010. Reservations received after 5 PM on or after Monday, May 24, 2010 will be booked upon space availability and prevailing rack rate. Hotel Check-In Time: 3:00 PM Conference Registration: Early Bird Discount CRCAC Members On or Before May 17, 2010 = $185.00 Non-Members On or Before May 17, 2010 = $220.00 CRCAC Members After May 17, 2010 = $215.00 Non-Members After May 17, 2010 = $270.00 For a registration form, please contact the CRCAC office at or call us at (916) 455-0723 begin_of_the_skype_highlighting (916) 455-0723 end_of_the_skype_highlighting. 6. Boatman was giving CEU that approved by himself and participants were charge for a fee to attend. This is conflict of interest and Gary Palmer was also top on the list as presenter. Audrey Jeung in community care licensing prohibited me to teach my caregiver for first aid when American Red Cross approved me and American Red Cross didn’t state any restriction on whom I could teach. Jeung called it a conflict of interest. Who made the rules? How come Boatman can get away with issues with out getting questioned, but the care home operator would be punished by fine. I and my friends are getting out of this residential care home business due to reason from my previous articles. To name a few, like government agency incompetency, retaliation, suppression and intimidation. Some residential care homes were doing a hard job to take care of our elderly population and government received financial gain from us. I have to paid to keep these elderly to stay in my home because I couldn’t stand to admit business failure. I want my dream of caring people to carry on, at least for a while. I will close the door and have peace of mind and I should take no more threat from the government. In California, Residential care home are private entities. We got no government funding like Medical and Medicare. We are doing everything to meet the licensing demand but what have they done to help us, except the ever increasing penalty and fee. As in my case, it is an intentional retaliation. Special project
7. Like a Ghost in the Haunted house, Audrey Jeung made her appearance again and asked for more money from me on Last Thursday. On Friday, I told her, I would deliever the 1000 dollar to her office on Friday or this coming Monday. I was out to a survey with my team and by car pool. I would not be anywhere around San Bruno. She want more penalty money for me not signing the forms she left to me to complete and I faxed back to her. She never give instruction on what to do with the form. I filled them out and faxed back and Jeung wanted me to sign on it. I haven’t heard back from her since that Jeung wanted my signature until last Thursday she showed up and demand more penalty money. There was no communication between me and her on what she wanted me to do with the signature or what she wanted from me. I will give her money as she demanded. Audrey Jeung again harassed and threatened my caregiver and residents in house who felt nausated with her un-professional conduct that Jeung will come back again and again until we pay her the money. Jeung was acting like a debt collectors. I have been thinking and thinking should I pay? I was not at false and I was not given a chance to defense myself. I believed that it was from retaliation and intentionally targeted again and again from my previous account with the department. I have to decide whether I wanted to continue with this. The Community Care Licensing Department threatened me with small claim lawsuit and I have been getting letter to ask me to pay, or by wage reduction and civil penalty with interest. I talked to resident Betty last week. Betty told me that she hope that I am not selling the property due to licensing harassment because this home is their home. So, I went home and thought if I can just pay them the money to settle this if this is the sole purpose for giving us the agony and I can continue to operate because it would take a lot of effort and time to relocation the residents and have them adjust to a new living environment. I have already drained by this failing business over the years and on top of all this harassment. It was easy for me to say I had enough and close down the whole facility. Should I live under this licensing nightmare and abuse of their power and conspiracy and retaliation and corruption? I have never heard back from Charles Boatman, he never called me since June 6, 10, but he has already responded to me with his department action. My care home was fined raided by LPA Jeung, violating the patient’s right and emotional abuse. The residents were anguish about the facility was going to be closed down by the licensing devils. They are going to loose their housemates for 6 years and a place they call home for the last 6 years. 8. My care home care giver was called by CCL LPA Audrey Jeung from San Bruno Community Care Licensing. She want to see me in her office either on 11/17 or 11/19. Last time she come to my care home, she gave me a fine of 5700. This time she want a over 10000 dollar fine or put me in jail for taking care of the elderly she abused. Audrey Jeung, I am a Health Facility Evaluator and a retired nurse. I can teach you elder abuse. 9. In my conversation with several local long term care facility regional director from a cooperation, their clients got sicker and more acute. Their current long term care residents would be placed in assistive living setting. Do you know that certified nursing assistant in long term care facility can only do activities of daily living and no medication? In Assistive living, there is uncertifed and minimally trained aide who pass med to the residents from their centrally stored medication storage and call that medication assistant. As a care home operator for longer than 4 years, if the elderly in assistive living are getting older and sicker and used more medication, for patient safety reason, this analyst job from the department of social service should fall under California Department of Public Health. Please google in “charles boatman ccl” and click www.amazines.com click more articles from this author to see what this Licensing analyst from community care licensing doing to care home. These analysts as I have experienced with my care home are not properly trained and as evident by their inspection and specially in their last retaliative appearance. The analyst would routinely spend time counting all the residents’ pills in the facility. As a Health Care Facility Evaluator Nurse for the State of California myself, it is not important on the number of pills left in the bottle, it is more important on how the aides pass their centrally stored medication. It is more important that the medication aide and caregivers have given to the residents the right medication to the right residents, right time, right dose, right route, right frequency, right documentation and right purpose. What is counting of the pill justified? It is more important on how they pass the pills. It is not the Analyst’s job to count the sheets on bed. It is not a analyst’s job to look under every bed for rodents. It is not necessary to search all resident’s personal belongings for what? illegal drugs or firearms? These analysts have abuse their power to search care home without a warrant in my place of business. Analyst abuse care home resident that they suppose to protect. California Department of social service has shown deficiencies in traineing their analysts by violating the patient rights, dignity and respects. We do resident abuse investigation, quality of care and quality of life and more. Analysts from Department of social service abd Community Care licensing harassed my residents and intimidate them by blindly searching residents’ personal belongings and care givers personal belonging and pray to find something that they have accused the licensee for. If the licensee was being target for their search as an act of conspiracy and retailation for fine and accusation from the department of social service. Please come search the licensee’s home, not my elderly residents. As a HFEN we never do what they did to the care homes. I want analyst Audrey Jeung from San Bruno office know that we have patient’s right in self administration of medication. My residents are alert and oriented x4 and they have MD certified that they can self administer med. They knew that this is their right. Licensing fine me for not knowing the residents’ rights. This analysts don’t monitor side effects of medication and why these analysts come to mess around with residents’ medication every time they come to the resident home to count all the residents pills and disturb their living. These analysts are not nurses and they are not pharmacist, so what is Counting the number of pills in the bottle mean in their job. DSS CCL analyst practice outside their job responsibility. Analyst Audrey Jeung’s routine work day was to go around the care home and count all the pills and count the layer of each bed sheets, look under each bed and search each residents and care givers drawers and my care giver locked her room and her lock in her entrance door was forcefully broken and we have to fix it after Audrey Jeung left and no one single apologies but a fine on everyday and she gave my care giver a fine of 5700 dollars last time. I have never gotten 5700 dollars of rent from my residents per month. What do these analysts know about hand washing between counting and cross contamination, moisture from her hands do to the pills. Need not to say, we treatment by the department of social service and community care licensing was a conspiracy of retaliation. I have complaint but no one care, no one responded. 10.I have just received one e-mail from Mr. Boatman. He said that I will be getting his denial letter in the next several days. In his 2 sentences short e-mail. He started with ” As you have requested.” which was wrongfully stated. I never requested of him anything and even if I have requested anything at all. He had not responded to me all those months. He was responding to Gary Palmers’ request, the division chief. Gary Palmer was the first on the list to present on June 16, 2010 in Reno Nevada along with Charles Boatman ACS manager for California Elderly Residential Care Home Association whom had charged attendee in that conference for more than 200 dollars a seat. We shall not assume the letter will get to me until it actually in my hands. As of now, I have not gotten any denial letter from him. Gary Palmer said that “within the next two weeks I will get a response from Charles Boatman on Oct 25,2010 until now. Charles Boatman’s 2 sentences long e-mail and mistakenly stated from the begining that ” As you have requested”. Here, was Charles Boatman doing something with exception that is to respond to applicants? What is the policy and procedures in State of California to their applicants? What is his office standard of practice to program applicant? No notification, no acknowledgement on receiving of application. Fee and money got cash right away but never heard anything back on what was being done for years and if you asked them to follow up when you ran out of patient. The staffs and manager would even forget what they suppose to do as dual diligent duty to us the applicants and tax payers. I have waited a year with no respond and I e-mail Charles Boatman with no response. Division chief, Gary Palmer said within 2 week became a month, still it was only a 2 sentences e-mail stating that I will get a denial letter from him in the next several days. I will go to Sacramento for my own training. I would be here to get his letter next week. I wouldn’t be too optimistic to get that letter until the letter is in my hand or it didn’t happen. I mailed out 70 curriculum and on top of that 3 initial program curriculum. His response would just a denial letter. What did he do with my thousands of pages of curriculum in narrative, chart and the required format? Did he actually read them was actually my questions. He didn’t read them last time or did he still have them. He mailed me a letter and thought that it was over and dumped them to the trash. I wanted to know what he did with my hard work from days and nights gathering data, resources, typing and presenting in the format that the guideline require. He told his division chief that he was short of staffs. He was actually a speaker to Lobbyists with his State title listed on the advertisement. When I requested, no response from him. He stated in his e-mail ” As you have requested” Wrong, It was Charles Boatman’s boss requested him to respond. I didn’t ask his division chief to do that neither. Should Charles Boatman responded to his applicant as business practice, as a state officials. As you have requested, we are sending out the denial letters. You should get them in the next few days. Charles Boatman, Manager Administrator Certification Section 1700 9th St., Suite 200, MS. 19-47 Sacramento, Ca 95814 Direct line: 916-324-4318 begin_of_the_skype_highlighting 916-324-4318 end_of_the_skype_highlighting Fax: 916-324-3982 This is a repeat of 2006 when I applied for the first time. My nightmare started with Charles Boatman and in turn sued by the State dept as an applicant. Charles Boatman’s Office has been moved. His phone number has changed. It is now 916-654-5859 I went to the post office to get Charles Boatman’s registered letter of denial. It was not a for me. I was someone else denial letter to Fresno who applied to be an administrator but got their denial because the applicant failed the fingerprinting background check. His office made a serious confidentiality breach. What is the purpose of sending the letter in registered mail. I talked to him he told me that he would resend my denial letter. I have too many of this incompetent, and unpleasant encounter with them. During our phone conference, Shetka or Boatman disconnected the phone suddenly for their 2 ways discussion. I attempted to call back but only get a message from Shetka saying that he is no longer with the dept . If anyone had any questions call new chief Bob Hane. Shetka failed to disclose to me that he no longer work and represent the dept. Therefore, whatever he said in our phone conference is not valid and couldn’t be held accountable for. Of course, Shetka wouldn’t have to do anything because he is no longer with the dept. He wanted to hang up and said that he couldn’t talk to me anymore and he will give this to the administrative law judge. For him, not an employee in the dept, he didn’t have to do anything, like submit this case to the administrative law judge. He was not seriously prepared to talk to me. He told me that my application was not complete, I missed the nine elements. I asked him – Do you have my application and paper right in front of you?- He said – no- I asked him- Have you seem and gone over my paper work and have you looked at my powerpoint? -He said that – I don’t have to do it.- Then, the nine elements he talked about were what Charles Boatman told him. I told him that it was there but he didn’t have my application and document in front of him now and he had never looked at my application. The last conference phone call I had with Sandra Munt and Charles Boatman. Charles Boatman hadn’t looked at my application and document. He told me what Sandra Munt told him. He was there using his authority to support his worker blindly. The nine elements were therein 2006, 2009 and 2010. My curriculum was developed and expanded from the nine topics, he called the nine elements. All 9 of them were addressed in the powerpoint instruction material. I will scan and show you the 9 elements. I knew this curriculum more than anyone in his dept. Tom Shetka said that I don’t have experience in GH and ARF. I told him did you get my e-mail CV of speakers who have experience in all RCFE, GH and ARF. I know now why he didn’t know because he had not been reading his e-mail or mail because he was ready to leave his job. Tom Shetka and Charles Boatman abruptly disconnected the phone for their 2 ways discussion and called me back in about 10 minutes. Tom offered to give me refund on GH and ARF and he would give RCFE to another analyst because Sandra Munt no longer work for the dept. I said no. I told him, if I said yes, I would be barred from reapply again as long as Boatman will be in office or due to conspiracy. It was not the money that they have already cashed and collected 12 months ago. I applied in Dec 2009 again after my failed attempt in 2006. That led to me being sued by the state and they held my administrator status for as long as 2 years and my residential care home was raided by analyst from San Bruno, all those people with e-mail @dss.ca.gov by retaliation and conspiracy. I have everything to lose if I don’t peruse this to the end because I have not given up what I wanted to do starting in 2006. It was much harder to put all the curriculum together edit them and type them in different format and develop the instructional material and break down the class activity by every hour. It is much harder and the curriculum was done by accumulation of many sleepless hours, weekdays and weekends. I have 3 ICTP for GH, ARF and RCFE and I have submitted 70 curriculums in CETP in GH, ARF, and RCFE. I have color coded them for their reading. It was never addressed and I am seriously concerned of their whereabout, if these were not reviewed. My work was well done and complete. I am willing to make revision as needed, but this meeting is not about that. Tom Shetka and Charles Boatman couldn’t do what I have done. From our last phone conference with Sandra Munt and Charles Boatman, Charles Boatman didn’t even know what a lesson plan is. They don’t know and they couldn’t tell me what the nine elements are. They just repeat what was written on the denial letter. I told them that there was no indication to me that their dept staff has read my application and made appropriate and relevant comments. I have submitted my application and material on Dec 2009. I have never got a letter of acknowledgement that the dept had received my material. Was this their standard practice and I have never seem them again, and nothing got returned. I wonder if they still have them. All I asked was to show me if you have read them by giving me relevant comments. They told me that it was not there and I told them it was always there since day 1. They scheduled today’s phone conference. I have my computer setup and all my submission and documents in front of me and they have none. I do understand why they said they could not talk to me anymore. I could show to them if they have an actual copy in front of them. We could discuss specific because there was no specific on their letter and I told them that their letter was not address to my program and curriculum. The dept has made a lot of serious mistake in the past, I have no doubt and they will repeat them again as long as the people who made the mistake were still there and being defensive. They have never attended their approved program but I have. I have not been in a class with powerpoint. All it was highlight what the instructor read out and highlight everything she believed that it would be on the exam. Mr. Elner (new vendor application analyst), Please review. I worked very hard on this and would hear back from you soon. We need to move on. According to the guideline of vendor manual, a simple outline is exemplified. I don’t know how extensive you want this to be. I wish Mr. Tom Shetka has a happy retirement now. He was requesting and hosting a conference with me to discuss about resolution of my complaint. I called him that day on 11:30 am but his wasn’t there. I only got his unchanged message. During the conference at 12:00pm with Charles Boatman and Tom Shetka, He forcefully with the tone of authority that -where is your nine elements- It was there since 2006, the first time I submitted the application. I asked him did he had my application in front of him now. He said -no-. I asked him – Have you look at my application before. He said -no, I don’t have to- I wanted to guide him and showed him where it is. What kind of resolution meeting was this. It was a unilateral heresay meeting well plan on the day that he left and after he put on his departed message. I was accidentally disconnected without prior explanation. Tom Shetka did that in purpose because he wanted to put me out of their conversation and discussion. He wanted to talk with Charles Boatman privately by taking me out. I immediately called his phone number back, the same number I dialed at 11:30 but his greeting message has changed, the new one was on. He said that he was not a dept chief anymore that we should call Mr. Hanes at a different number. Of course, we get re-connected, he was not legally representing the dept to negotiate with me because he no longer worked for the dept. After we got reconnect, they (Charles Boatman and Tom Shetka decided to offer me refund of my application fee. I refused because, if I took this offer, the fee back, I would never be able to reapply again. The fee I paid over years, but never heard back from the dept. I may be poor but I want my application read and to be read fairly. Tom Shetka got angry because of my refusal and he threatened me that it will have it resolved in a judge, an administrative meeting. I haven’t heard from anyone of them for a long time. I haven’t received any things from the administrative law judge. I afraid that my case would become a cold cases for years. Even every time we talk, the dept would select a time and date for phone conference which took months. I have to let you know that I am recording contact everytime with the dept. I called Charles Boatman who had been staying away from talking to me. I told him that I am expecting an ALJ review which I have not heard from. He then arranged for another phone conference again and we will try to do without a judge. This all started in 2006 and I remember the evening Tom Shekta called me at home and said that he wanted to be paid for late fee. My Administrator status was on hold for becoming a vendor applicants, I needed to have an administrator to run my business. I was not late it was the dept who had not remove the administrative hold status and I did everything right to renew, they got my fee and cashed. I kept calling, no one knows what had happened and I sent my documentation more than twice for repeated investigation because Boatman forgot what he said he would do or he had to consult a second state attorney. I did not get my administrator status renew after 2 years after their scrutiny and not a sorry. Whatever happened with the dept had a very deep impact on me. I want to let everyone know what happen and this become my life time struggle. Read my previous article on them and put in website I built www.rcfe40.webs.com for more information and slide shows www.rcfe40.webs.com The timing was just right for Community Care Licensing Audrey Jeung to come again. 6/30/10 which was 7 days before I will talk to Boatman, Audrey Jeung came to raid my care home. This time Jeung from CCL came on 3/11/11 which is 7-10 days talking to boatman again, he kept deferring until today, she delivered $22460 dollars of fine and continue with $150/day. Prior to that 6/30/10, I have no problem with the licensing and no fine and they haven’t show up for 2 years. Subsequently, CCL came every week. I have good comment from ombudsman. My residents were not endangered, there was certainly no urgency except this fine were build on retaliation. What can you do if you cannot within your ability to change something like what I wanted to do? Would you just accept it as it is? Wouldn’t you. I have wasted a lot of energy and time on this. I fail again to deal with these evil people in DSS CCL. Who cares? I am sure they would be celebrating tonight for shutting me up and shutting me out.
This is my timeline of event I have 2 inspections by Audrey Jeung from Community Care Licensing wi