San Jose, CA asked in Elder Law, Employment Law and Health Care Law for California

Q: I work at a SNF facility that assigns NOC shift CNAs 20-28 residents to care for in an 8-hour shift, is this legal?

I have worked at multiple SNF facilities (Post-Acute care, LTC STC) that assign 20-28 residents in an 8-hour NOC shift or 10 residents in an 8-hour PM shift to one CNA. Many need incontinence, toileting, feeding, bathing, & hygiene care assistance, fall risk monitoring & pain management, dementia, emotional, psychological, and/or psychiatric care needs. Many of my patients/residents report to me that call lights are not answered and their needs are not being met. The facilities regularly run out of supplies, the vital cart machines are broken and they don't have thermometers forcing low-paid CNAs to purchase vital sign measurement equipment. Is it legal for the facility to expect that one CNA can care for so many residents and not provide appropriate supplies for patient care? I live in San Jose, CA, and have experienced these issues at 4 facilities in Santa Clara Counity.

1 Lawyer Answer
Sally Bergman
Sally Bergman
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: As an attorney whose practice focuses on older adults, this is very disturbing to hear reports like this. I would suggest you call California Advocates for Nursing Home Reform (CANHR.ORG) at 800-474-1116. They're a non-profit that advocates for older adults, particularly those in SNF''s.

For your own sake, you should be cautious about disclosing names of specific facilities in public forums such as this.

Brad S Kane agrees with this answer

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.