###

In 1968, Congress created Redwood National Park — or at least part of it. Nicknamed “the Worm,” the park extended only .5 miles on either side of Redwood Creek.  It was apparent that this was not enough and work began on a park expansion. Of course, expansion was opposed by local logging companies. In an attempt to blunt the expansion efforts, logging companies ran crews — sometimes 24 hours a day — in an attempt to cut the remaining old-growth in the Redwood Creek watershed, with the rationale that if logged, it would be less attractive to incorporate into the Redwood National Park. That plan failed. In 1978, Congress expanded Redwood National Park and took in many of the cut over lands, with only a fifth of the new land 

This decade of intense logging left a major impact on Redwood Creek. Large clearcuts, poorly cut roads, landslides and major floods sent a massive wave of sediment streaming into Redwood Creek. The National Park Service has spent the past 40 odd years cleaning up this mess and studying how Redwood Creek is (and is not) recovering. 

Two expert geomorphologists with decades of experience studying Redwood Creek join Gang Green to talk about their research. Mary Ann Madej is the author of the recent report, Redwood Creek Watershed Studies: Summary of Geomorphic Research at Redwood National Park and Vicki Ozaki is a staff geologist at Redwood National Park. 

AUDIO:

“The EcoNews Report,” April 17, 2021.

REQUIRED READING:

To submit a locally-filmed (or produced) video, upload it to YouTube and email the link to News@LostCoastOutpost.com with your name, a brief description of your work and “TRL” in the subject line. Please do not submit videos containing any form of violence, racism, illegal activity, pornographic material, bullying or harassment. Also, no advertisements or duplicated submissions please.

Local Artists Stock and Rachel Schlueter Paint a Scene From Canyonlands National Park on a Fortuna Garage

Local man Eric Furman shares this video from June of last year showing the Schlueters’ process of transforming a Fortuna garage into a little piece of Canyonlands National Park. The video is comprised of one photo taken at the end of each day during the three-week project.

“The owners of this Fortuna home had been thinking of having someone paint a scene on their garage doors for several years, but hadn’t made it a priority,” Furman said. “With COVID-19 destroying the local art economy, they decided it was time to fulfill their dream and provide work for Humboldt artists. “

“Sequoia Sempervirens” - Leslie Keig

“I have composed music for a two-act ballet, called ‘Sequoia Sempervirens’ (yes, among other themes, the redwoods figure prominently).” Keig said. “This piece is Rhododendron Waltz, from Act II. Thank you for listening.”

“Snake in the Garden” - CLEAN GiRL & the dirty dishes

“Snake in the Garden was filmed at the MmmcKay Community Forest last spring,” the group said. “Hope you enjoy!”

###

Press release from the Redwood Region Economic Development Commission:

Eureka – United Airlines, the Humboldt County Department of Aviation, and Fly Humboldt announced today that United Airlines will resume its nonstop service from Humboldt County (ACV) to Denver International Airport (DEN) starting June 3, 2021. The service, started in June 2019, was suspended on April 1, 2020 in response to the COVID-19 pandemic.

United will provide the service with a 70-seat regional jet and will start with one flight per day as follows:

• Depart ACV - 12:41 p.m.
• Arrive DEN - 4:46 p.m.

• Depart DEN - 11:21 a.m.
• Arrive ACV - 1:28 p.m.

“This is great news for Humboldt County and the Redwood Coast,” said Cody Roggatz, Director of the Humboldt County Department of Aviation. “This flight performed very well for us in the past. We know that resuming this service will play an important role in our community’s economic recovery and improve connectivity for our passengers looking to reach the Midwest, East Coast, and beyond in United’s Global Network.”

“I want to thank United Airlines for their continued confidence and investment in our community,” said Gregg Foster, Executive Director of the Redwood Region Economic Development Commission. “It’s been a tough year and we look forward to working with United and the community to resume this popular service.” 

Recruiting and retaining air service has been a top focus of the Redwood Region Economic Development Commission (RREDC) since 2003. It was that year that RREDC joined with the City of Redding and the County of Humboldt to secure a direct flight to LAX.   Since that time, it has been actively working to add more flights to more destinations out of the ACV Airport in McKinleyville, CA.

“We are pleased to be reconnected nonstop with Humboldt County,” said DEN CEO Kim Day. “Not only does this service offer another unique option for leisure travel, but these flights support the continued rebuilding of DEN’s domestic network.”

About United

United’s shared purpose is “Connecting People. Uniting the World.” For more information, visit united.com, follow @United on Twitter and Instagram or connect on Facebook. The common stock of UAL is traded on the Nasdaq under the symbol “UAL”

About Fly Humboldt

In 2011, the Redwood Region Economic Development Commission joined with community members, businesses, and organizations to create “Fly Humboldt,” a collaborative effort to increase air service and support our local airport. Since that time, Fly Humboldt has played a critical role in recruiting air service to a variety of destinations. For more information, visit flyhumboldt.org, follow @flyhumboldt on Twitter and Instagram or connect on Facebook.

UPDATE, 4:57 p.m.:

Buhne Drive in King Salmon has been reopened and the shelter-in-place order has been lifted according to the Humboldt County Sheriff’s Office. The Explosive Ordinance Detail (EOD) completed its sweep and found no evidence of danger.   

###

UPDATE, 3:45 p.m.: 

The Humboldt County Sheriff’s Office has safely taken Kyle Muhaw into custody. 

“The suspect will be booked for domestic violence, terrorist threats, and firearm charges,” HCSO announced vis email. “Given the threats concerning an explosive device, the Explosive Ordinance Detail (EOD) is cautiously clearing the scene to ensure safety. Buhne Dr. will reopen when EOD has completed the safety check.”  

###

UPDATE, 12:05 p.m.:

Press release from the Sheriff’s Office:

On 4/16/2021, at about 6:22 AM, Humboldt County Sheriff’s deputies were dispatched to the 1300 Block of Buhne Dr. near King Salmon for the report of a domestic violence incident with an infant involved.

The female victim stated her boyfriend, 47-year-old Kyle Muhaw, had assaulted her at the incident location. The victim reported there was a firearm and explosives involved. Both the victim and the infant escaped the incident location and are currently safe. Muhaw was reportedly still inside the location threatening law enforcement should they respond.

Based on information provided by the victim, patrol deputies, the SWAT team, Crisis Negotiators, medical personnel, allied agencies and the Explosive Ordinance Detail were dispatched to attempt de-escalation and take Muhaw into custody safely. Upon arrival, Muhaw barricaded himself inside the residence. As of 11:20 AM, Muhaw remains inside the residence but is negotiating with Crisis Negotiators. A warrant for Muhaw’s arrest has been issued.

Any residents near the 1300 Block of Buhne Drive in King Salmon are asked to shelter in place. Buhne Dr. is closed in King Salmon.

This case is still under investigation. Updates will be provided as they arise.

Anyone with information about this case or related criminal activity is encouraged to call the

Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.

###

UPDATE, 11 a.m.: SWAT team members continue to attempt to communicate with a “Kyle,” who is actually inside a trailer parked at the residence. A moment ago they broke out a window in the trailer to deliver him a phone. A different window was broken earlier.

“Kyle, we need to make sure you didn’t injure yourself when you punched the window,” police announced a bit ago. “Come out with your hands up.”

The suspect could be heard singing inside the trailer.

###

UPDATE, 10:35 a.m.: The SWAT team has deployed its Bearcat armored vehicle to the residence where the suspect is holed up. Outside, officers are attempting to communicate with him, according to the Outpost’s Andrew Goff, who is at the scene.

“We’d like to talk to you!” one officer shouted a few moments ago.

“You fuckers fucked with the wrong redneck!” the man was heard to respond.

###

There’s a massive police presence in King Salmon at the moment. According to a Sheriff’s Office tweet, a SWAT team has been sent to the the 1300 block of Buhne Drive to take a man wanted on domestic violence charges — who they believe to be armed and dangerous — into custody.

#HappeningNow HCSO SWAT is responding to the 1300 block of Buhne Dr. in King Salmon. Male suspect is wanted on domestic violence related charges and is believed to be armed inside the residence. Residents in the area have been asked to stay inside for their safety.

— HumCoSO (@HumCoSO) April 16, 2021

You can’t get into King Salmon by car at the moment. The road is closed at the overpass.

###

In an effort to address persistent disparities in COVID-19’s impacts on the local Latinx community, Humboldt County Public Health Officer Ian Hoffman recently met with LatinoNet, a network of service providers like Open Door Community Health Clinics, Paso a Paso, Promotores, the Humboldt County Office of Education and Public Health that are dedicated to advocating for a healthier Latinx community in Humboldt County.

The meeting, Hoffman’s first public discussion with the providers, focused on what can be done to address the disparities — which exist both in COVID-19 case rates and vaccination efforts and mirror statewide and national trends — in the county’s Latinx population.

In July, Humboldt County’s COVID-19 dashboard highlighted the disproportionate COVID-19 case rates in the local Latinx and Hispanic communities, noting they accounted for 22 percent of COVID-19 cases while only making up 12 percent of the population. The disparity has only grown since and as of April 9, Humboldt County Latinx residents made up 25 percent of positive COVID-19 cases to date.

County vaccine data, meanwhile, has seen a similar trend, with Latinx county residents falling behind on receiving their COVID-19 shots. According to the Public Health dashboard, only about 10 percent of Humboldt’s Latinx and Hispanic population are fully vaccinated, compared to 19 percent of the general population.

“We know that there is a disproportionate effect of COVID-19 in this community and that’s why, from our standpoint in Public Health, and also personally, as a physician taking care of this community for a long time, it’s important that we address this,” Hoffman said.

Lara Weiss, a Public Health deputy branch director who also attended Friday’s meeting, said LatinoNet invited Hoffman to speak with the group and offer an update on the pandemic and Public Health’s efforts to provide equitable vaccine clinics. But Hoffman said the meeting was also an opportunity for him to hear from the providers about what barriers and gaps in care and outreach they were seeing.

Hoffman began his presentation talking about his background working with different Latinx communities in Santa Rosa and the Bay Area with organizations like La Clinica de la Raza in Oakland and Kaiser Permanente in San Francisco. He said he learned to give culturally sensitive care to members of the Latinx, Spanish-speaking community, which he said would transfer into a better understanding of how Public Health approaches culturally competent health policies.

Hoffman talked about Public Health’s rollout of COVID-19 vaccine clinics, acknowledging the signup process has been confusing at times, with a shortfall of vaccine doses, exceedingly high demand and eligibility limitations. But Hoffman said Public Health’s goal is to ensure vaccine equitability among those in the Latinx community and guarantee that any Latinx resident seeking a COVID-19 vaccine feels comfortable and confident before, during and after their appointment.

“We’ve taken some steps at Public Health to make sure that when a Spanish-speaking person needs a vaccine, that they feel comfortable and confident that their needs will be met and, most importantly, [provide] Spanish-language information,” Hoffman said.

Public Health is working on a few new interventions, including sponsoring California Department of Public Health’s “Let’s Get to ImmUnity” integrated media campaign with both English and Spanish ads on local news channel 3, as well as planned mass vaccination events in more rural areas of the county with the help from Open Door.

And now that eligibility is open to all residents age 16 and older, Hoffman emphasized the importance of organizations serving the Latinx community helping to spread information on the vaccine rollout and the switch to the state’s My Turn website (www.myturn.ca.gov). But the message Hoffman kept repeating was that the county’s Joint Information Center (441-5000) is standing by and ready to take any questions, including those in Spanish, about the vaccine and vaccination clinics.

During the meeting, however, it became clear there may be a disconnect between county Public Health and service providers looking to direct clients and patients to accurate information about COVID-19 and vaccines in Spanish.

“I continue to hear that there’s not clear and correct information in Spanish that people know where to access,” LatinoNet board member Michelle Postman said, alluding to a survey by Jorge Matias, another LatinoNet board member, that found most Spanish-speaking local residents didn’t know where to go for accurate COVID-19 information. “I feel like we try and we don’t think that we’re doing that but we don’t know where the gap is, and I also know that Public Health is really stretched, there’s only so much we can do, and so I’m just curious if there’s one thing, one magical thing that can happen. Would it be like showcasing Latin[x] leaders in the community on commercials like, ‘Hey I’ve got my shot and this is working,’ or would it be to have a website? What would be the magical thing that you might spend time on to make things better if we had the capacity?”

Postman’s comments led to a discussion about the best way to get information to the Spanish-speaking Latinx community, prompting Hoffman to stress that the JIC is dedicated to putting out a clear, conscious message in English and Spanish.

“All of the materials on [the JIC website, social media pages] have been vetted by Spanish speakers,” he said. “They’re scientifically accurate. They try to meet the cultural sensitivity that we talked about, as well. I would say that if we’re going to put anything out there, that’s the central message.”

Hoffman urged the groups at the meeting to use the resources on the Humboldt Health alert website and promoted by the Joint Information Center and push them out to the Spanish-speaking community. And if there’s one phone number the groups get to their clients in the coming weeks, he said it should be the JIC’s: 441-5000.

In an email sent to the Journal, Matias, in his capacity as a LatinoNet board member, said his survey found most Latinx and Hispanic residents didn’t feel they had clear and correct information in Spanish about who can and can’t obtain the COVID-19 vaccine and that they felt they didn’t have a specified place to call to find more information in their language. Many, Matias said, didn’t feel had enough information about how effective vaccines are.

Many people, Matias added, are afraid of costs, side effects and needing more medical interventions due to possible side effects, while others worry they aren’t eligible to receive the vaccine because of their documentation status. But Hoffman confirmed during the meeting that the only documentation those seeking a vaccine will need is any type of form with a name that matches the name on the appointment or a parental consent form for those 16 and 17 years old.

These, Hoffman added, are the types of questions that could be answered by the JIC.

The county JIC has been actively translating information into Spanish, including uploading social media posts in Spanish, but it seems they have yet to amplify those messages to community providers and advocacy groups in an effort to get that information to community members who may not follow county social media accounts or can’t navigate the county’s website.

Matias also told the Journal that there’s a lot of information that spreads through social media that confuses Latinx and Hispanic residents, including misinformation and conspiracy theories, which was addressed during the meeting between LatinoNet and Hoffman.

If Public Health hears of any misinformation or any disinformation spreading throughout the community, Hoffman said it would address it and correct it immediately. But he also cautioned there’s a balance between correcting and amplifying.     

Hoffman then asked attendees about the types of misinformation they were hearing and someone mentioned a conspiracy theory about the COVID-19 vaccine causing future fertility issues.

“That’s one of the biggest pieces of misinformation that’s got a stronghold in a lot of communities,” Hoffman said. “There’s absolutely no evidence that this vaccine has any effect on fertility.”

Nationwide, there have been reports of vaccine hesitancy in communities of color because of historical acts of genocide in healthcare settings, which was also mentioned by attendee Maria Ortega.

“I feel like all of these organizations and clinics and community organizations have a responsibility to be sensitive about that (fertility) issue and not dismiss anybody, because they’re valid concerns, especially historically and worldwide there’s been actual efforts to change communities of color and their population impacts,” Ortega said. “Just be mindful about where they’re coming from.”

Hoffman agreed with Ortega about being mindful and understanding of where those concerns take root, noting the importance of recognizing the impact of historical events and communities’ lived experiences in providing culturally sensitive care.

“These are difficult things to navigate exactly, and I think if those are the barriers that we’re really seeing out there, they need to be addressed, obviously,” Hoffman said. “But I’m not sure at this point exactly what all the barriers are … My hope is that, mostly, that gap is because of eligibility and lack of vaccine and that, as we open it up more broadly like we are doing right now, and we have that language ability … that we get those messages out there.”

The reasons for the gaps in vaccine administration and infection rates may become more clear as the county moves into the expanded phase of its vaccination rollout but, presently, Hoffman urged providers and their clients and patients to look to the JIC for Spanish-language information about the COVID-19 virus and vaccines.

“Thank you so much for inviting me and talking with me,” Hoffman said in Spanish, wrapping up the meeting. “I hope that we can do this again soon.”

###

Iridian Casarez (she/her) is a staff writer with the Journal. Reach her at 442-1400, extension 317, or iridian@northcoastjournal.com. Follow her on Twitter @IridianCasarez.

The Community Voices Coalition is a project funded by Humboldt Area Foundation and Wild Rivers Community Foundation to support local journalism. This story was produced by the North Coast Journal newsroom with full editorial independence and control.

A 27-year-old McKinleyville woman who ran over and killed a man walking along Central Avenue has been held to answer for gross vehicular manslaughter, felony drunken driving and hit-and-run.

Judge Kaleb Cockrum held Shala Bianco to answer after listening to about two hours of testimony from California Highway Patrol Officer Domenic Previte, testifying as an expert on vehicle collisions and DUI investigations. Previte was one of the first officers at the scene, where he found 47-year-old Clinton Deckert lying dead in the middle of the road. Later, he interviewed Bianco and arrested her.

It was about 7:30 a.m. on May 18, 2019, and Bianco was running late for work at Denny’s restaurant in McKinleyville. On Central Avenue near Six Rivers Brewery, her Toyota Rav 4 drifted off the road and struck Deckert, who was walking to McDonald’s in McKinleyville to meet with a co-worker and discuss possible jobs for the day.

Bianco sped away from the scene after the collision, calling 911 about 40 minutes later to report being the driver.

“She’d been, the entire night prior, at a friend’s house partying,” Previte testified under questioning by Deputy District Attorney Whitney Timm. “She also said she was ‘definitely stoned.’ “

During the party, Bianco told the officer, she used Ativan, cocaine, marijuana and alcohol. She got no sleep at all. Right before she left to go to work, she smoked some marijuana and then drank a glass of champagne because she had “cotton mouth.”

Cellphone records show Bianco placed or received 13 calls during the 40 minutes before she called law enforcement. Previte then drove to her home and administered a field sobriety test, which she failed badly.

“I was concerned for her safety,” the officer said, “because she nearly fell over several times.”

He also did an initial blood alcohol screening, with the results a .154 and .152, or nearly twice the legal limit for driving. This was 90 minutes after Deckert was struck.

Timm asked whether Bianco remembered hitting someone.

“She remembered hitting the pedestrian … she indicated she knew she should have stopped, but she was freaking out and didn’t deal well with stressful situations like that.”

Asked if Bianco would have fled if she wasn’t under he influence, Previte said Bianco told him she would have left “one way or the other.”

Although witnesses said they saw the black SUV swerving wildly from side to side before the fatal crash, Bianco’s opinion was “she had been driving great and the pedestrian was in her lane.”

But witnesses reported Deckert was well off the road, near a grassy embankment. Investigators found tire impressions in the grass, and on the road there was fresh grass that had been dislodged from the bank. When he was struck Deckert flew into the air, then his body slid and came to rest in the road, witnesses reported. Deckert’s shoes were found 8 to 10 feet from his body, and his baseball cap was 110 feet away.

Under cross-examination by defense attorney Manny Daskal, Previte said Deckert was carrying an “obviously used” meth pipe and a small bottle of vodka. Previte didn’t remember whether the bottle was open. Deckert’s blood was taken during an autopsy two days after his death. Previte was not allowed to testify to the toxicology results because he had no personal knowledge of how the sample was processed.

Witnesses said Deckert appeared to be walking normally, no staggering or stumbling. He frequently walked from his home — a transient camp on the river bar near Mad River Bridge — to the McDonald’s in McKinleyville to meet with his co-worker

There were also witnesses who saw the Rav 4 speeding through McKinleyville after the collision. Smoke or steam was pouring from the engine. One man said the vehicle nearly hit him.

During arguments after Previte’s testimony, Daskal said Bianco’s actions did not amount to gross negligence.

“I don’t think the People have established gross negligence,” Daskal said. “I think it was ordinary negligence.”

He said Bianco was driving an estimated 45 mph, just 10 miles over the speed limit. And the impact “was not that far over the white line (and) in the middle of a curve.” Previte had described the curve as so gentle, he could negotiate it at 100 mph in his patrol car if he wanted.

Also, when Previte and a partner re-enacted the collision, with the partner standing where Deckert was hit and Previte driving up Central Avenue, they determined Bianco could have seen Deckert from 385 feet away. But Previte is 6 feet tall and Bianco “is much shorter,” Daskal said.

Daskal said the only evidence that Bianco was under the influence of drugs was her own confession. She was never tested to determine the level of drugs in her system.

Timm responded that Bianco had been up all night drinking and taking drugs and knew she was unfit to drive. She was driving erratically before and after she struck Deckert, the prosecutor said, pointing out that she almost ran over another person.

Judge Cockrum struggled with whether to hold Bianco for gross negligence, finally deciding that with the “probable cause” standard for preliminary hearings, he would do so.

Bianco’s trial is scheduled for May 5. But with the current backlog of cases locally, that date is highly unlikely.

Bianco was in the courtroom during the hearing, sitting in the jury box and wearing a blue jumpsuit and a mask. After the hearing she was escorted back to jail, where she has now spent nearly two years. Bianco is the single mother of a young son.

PREVIOUSLY:

• McKinleyville Woman Arrested for Manslaughter After Allegedly Striking, Killing Pedestrian Saturday Morning
• CHP Names Victim in Saturday’s Fatal Hit-and-Run Crash
• Suspect in Fatal McKinleyville Hit-and-Run Appears in Court; Pleads Not Guilty to Vehicular Manslaughter, DUI
• DA: Suspect in Fatal McK Hit-and-Run Was On Multiple Drugs; Judge Denies Bail Due to ‘Severity’ of Crime

###

An effort to fix problems with the oversight of California’s nursing homes has stalled, sparking fears that the bill is doomed — and prompting elder care advocates to warn that even a delay jeopardizes residents’ safety.

“I’m incredibly frustrated,” said Democratic Assemblymember Al Muratsuchi of Los Angeles, author of Assembly Bill 1502. “The pandemic has clearly exposed the horrible conditions of so many of our nursing homes.

“People are dying as we wait….We cannot sit around with a broken state oversight system while our most vulnerable residents continue to live in these nursing homes.”

A recent CalMatters investigation spotlighted an opaque licensing process for California’s nursing homes, plagued by indecision, delays and misleading information. For instance, the California Department of Public Health has allowed the state’s largest nursing home owner, Shlomo Rechnitz, to operate facilities for years through a web of companies while their license applications languish in “pending” status, the investigation found.

That story “blew the lid off of my thinking,” said Assemblymember Jim Wood, a Santa Rosa Democrat who chairs the Assembly Health Committee — and helps decide which health legislation in that house will live or die. “I didn’t realize to the extent that it was happening.”

Nonetheless his committee declined to hear the bill, which would forbid the use of management agreements to “circumvent state licensure requirements” and would require owners and operators to get approval from the California Department of Public Health before acquiring, operating or managing a nursing home. Instead, the committee turned Muratsuchi’s proposal into a two-year bill that won’t be heard before next January.

Advocates had expected the bill to face opposition from the nursing home industry, which has deep ties to influential players at the Capitol. The CEO of the nursing home industry group, Craig Cornett, was a top aide to two former state Senate leaders and four former Assembly speakers before joining the California Association of Health Facilities in 2017. He’s known for having masterful knowledge of the state government bureaucracy and is included on a list of the most influential people around the Capitol. Cornett’s industry group employs a lobbying firm that counts Assembly Speaker Anthony Rendon’s cousin, Edward Rendon, as one of its lobbyists. Edward Rendon is also a partner at a consulting firm called Spiker Rendon that was paid $45,000 last year by the California Association of Health Facilities, according to the industry group’s lobbying reports.

The California Association of Health Facilities has donated more than $1.6 million to California campaigns in the past decade, according to filings with the secretary of state.

And Rockport Healthcare Services, the administrative services company for many nursing homes, employs the lobbying firm of Jason Kinney, whose French Laundry birthday bash was attended by Gov. Gavin Newsom.

The Newsom administration also hasn’t taken a position on the bill, although that is not unusual at this stage.

Wood insists that delaying Muratsuchi’s bill will not lead to its death, saying he is deeply committed to solving the state’s nursing home licensing problems “once and for all.”

Dr. Mark Ghaly, whose agency oversees the Department of Public Health, declined to answer questions for this story or for CalMatters’ investigation into the department’s licensing practices. Gov. Newsom also declined to be interviewed for either story.

However, the governor recently agreed to donate $10,000 to charity after an investigation by LAist showed that he had received a political contribution in that amount from ReNew Health Consulting Services, which is affiliated with a troubled nursing home chain. LAist, affiliated with KPCC in Los Angeles, and CalMatters are part of a collaboration of California’s nonprofit newsrooms to investigate the state’s supervision of nursing homes.

Wood’s communications director, Cathy Mudge, told CalMatters this week that the Newsom administration had not pressured his committee to stall the bill.

Wood said he is so committed to fixing these issues that he plans to take an uncharacteristic step of putting his name on it as a joint author next year. He has long been an ally of nursing home oversight, calling for a May 2018 audit that said licensing lapses by the California Department of Public Health increased the probability that residents might not receive adequate care. He has also authored previous bills to protect nursing home residents and improve transparency in the licensing process.

“I don’t want you to walk away with the impression that I’m stalling this, because I’m not,” Wood said. “I just want it to be right and I want it to be meaningful and I want to use this process to change the way we put this industry together.”

Before the bill is heard in January, Wood said he believes staff and outside consultants will need to invest a huge amount of time to gather data and communicate with various state agencies about complex issues. He also wants to work to get the California Department of Public Health and the Newsom administration on board as “active partners.” He said he worries about the department’s bandwidth during the pandemic, and said his committee has also been inundated with 165 health-related bills.

“I just want it to be right and I want it to be meaningful and I want to use this process to change the way we put this industry together.”
— Assemblymember Jim Wood of Santa Rosa

The state’s licensing and oversight problem “really falls on the backs of CDPH for the most part,” he said.

“My hope is that, in the interim, as we move forward and do our work on this, that we get feedback from CDPH, that we get cooperation from them on how we can make this process work better,” he said. “I hope we’re not going to see a situation where they circle the wagons and lock the doors and really don’t work with us.”

“We need more time,” he said. “I hate that, quite frankly. I really do.”

Top officials at the department, including its director, Dr. Tomás Aragón, have refused CalMatters’ requests to be interviewed about the licensing situation. In an email Thursday, an unnamed spokesperson said the department does not comment on proposed legislation.

The unnamed spokesperson told CalMatters the department had initiated a regulatory package related to the change-of-ownership licensing process, but that the effort has been “placed on a temporary hold due to staff redirections associated with COVID response.”

“People are running facilities without licenses. That shouldn’t happen for years and years and years. It shouldn’t happen for another year.”
— Tony Chicotel, staff attorney for California Advocates for Nursing Home Reform

Proponents of the bill say it is strong as it is, and that it can help resolve urgent problems.

“I don’t think the problem’s complicated,” said Tony Chicotel, a staff attorney for California Advocates for Nursing Home Reform, which sponsored Muratsuchi’s bill. “People are running facilities without licenses. That shouldn’t happen for years and years and years. It shouldn’t happen for another year.”

“We should all agree that’s not good and work out something to attend to it now. I think we owe that to the residents who have suffered so horribly this year.”

Chicotel said he worries, from past experience, that the bill’s chance of becoming law “was diminished when it was postponed.” He also believes it buys the Department of Public Health more time to not take action on the issue.

“They’re pretty comfortable doing nothing, but now they have an excuse,” he said.

“You blink and another year’s gone by.”

Chicotel said past bills to improve nursing home oversight have often been vetoed or significantly watered down. This includes a 2019 bill authored by Democratic Assemblymember Wendy Carrillo of Los Angeles, that initially proposed to streamline ownership reviews. California Advocates for Nursing Home Reform first supported the bill, Chicotel said, but vigorously opposed it after it was amended to allow new owners to receive provisional licenses by default if the Department of Public Health missed a deadline.

“It went from a bill that could have been great to a bill that would have been devastatingly bad,” he said.

The bill ended up passing with proposed alterations to the change-of-ownership licensing process removed.

Chicotel said something similar happened in 2015 with a measure that would have prevented nursing home operators from acquiring more homes under certain circumstances. Chicotel’s group initially sponsored the bill, but ended up opposing it after amendments were made. So did its author, Democratic Assemblymember Kevin McCarty of Sacramento, who pulled the bill.

The California Association of Health Facilities has donated more than $1.6 million to California campaigns in the past decade, according to filings with the secretary of state.

Another hurdle to changing the law: opposition from the nursing home industry.

Deborah Pacyna, spokesperson for the California Association of Health Facilities, which represents most of the state’s 1,100 nursing homes, described the state’s change-of-ownership licensing process as “broken” in a previous interview with CalMatters. The organization had not yet officially weighed in on Muratsuchi’s bill, but she said it probably would have opposed the bill unless it was amended.

She said a recent California Court of Appeal ruling determined that state approval of unlicensed interim nursing home managers to operate nursing homes does not violate state or federal law.

“It just shows to us that if the trial lawyers can’t win in court, they’re going to go to the Legislature,” she said.

She commended Wood’s decision to wait a year before attempting to alter the state’s licensing system.

“We really appreciate the reasoned approach, looking at all this from a big picture standpoint, instead of just striking out,” she said.

Wood anticipates pushback on licensing reform from “players in this industry who don’t want the scrutiny and don’t want their business models upset.”

“This bill is about government oversight and fixing our own house,” he said. “But I guarantee you that this will be a challenge.”

###

CalMatters political reporter Laurel Rosenhall contributed to this story.

CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.