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Dec 5, 2008

http://www.medlaw.com/healthlaw/HOSPITAL/6_6/los-angeles-kaiser-facili.shtml

Los Angeles Kaiser Facility Charged With Dumping Homeless

The Los Angeles City Attorney's Office has filed civil and criminal charges against Kaiser Permanente over an incident of "dumping" patients on skid row. Nine other hospitals in the area reportedly are under investigation.


The Los Angeles City Attorney's Office has filed civil and criminal charges against Kaiser Permanente over an incident of "dumping" patients on skid row. Nine other hospitals in the area reportedly are under investigation.

The L.A. Times reported that criminal charges of false imprisonment and dependent-care-endangerment were filred after a 63 year old patient was video taped leaving Kaiser's Bellflower hospital as she left in gown and socks and wandered the skid row district. The City also invoked a state law typically used against slumlords and shady business operations to seek injunctions against all Kaiser hospitals from dumping homeless patients. Published Kaiser statements deny that they commonly dump homeless patients and asserted that they had been actively working with the city attorney's office since the March 2007 incident to improve cooperation with the city and agencies assisting the homeless. A spokesperson expressed surprise at the city's action.

The prosecution turns up the heat on hospitals and even outside law enforcement departments alleged to dump patients and and criminals on the street in the area. Earlier this year, the state legislature required all municipalities in California to devise plans to help the homeless. The LA skid row area is the largest concentration of homeless people in the Western US, and city leaders are trying to crack down on crime and blight in the area.

The woman at the center of the action was not from the skid row area and typically lived in a park in Gardena. She was caught on tape by a "dumping cam" installed by police to monitor the area for more than a year. She had been hospitalized at Bellflower for three days for treatment of facial wounds. The Times reported hat at the time of discharge, the patient was non-talkative, forgetful and disoriented. At the time the woman was taken in by a homeless mission, police reported that she did not remember leaving the hospital or how she got to the skid row area.

Allegations in the complaint indicate that the hospital staff summoned a cab and directed the taxi driver to take the patient to the skid row district 16 miles away. The hospital staff reportedly was unable to find the patient's pants, and discharged her with her clothes. Three days following discharge, the patient was reported to have lost consciousness in the homeless shelter that had taken her in and fell, striking her head. She was taken to an LA hospital where she was diagnosed with pneumonia, anemia, and dementia and spent 45 days in the hospital, the Times reported.

The patient is represented by the American Civil Liberties Union of California and Public Counsel. They indicate other civil actions are contemplated in the case.

If convicted in this case, Kaiser Permanente could be placed on probation with terms that could limit their practices in discharging patients. A criminal finding could influence bonding conditions, credit ratings, and accreditation by medical organizations.