EDITIORIAL : SHAMEFUL CARE OF ELDERLY; NEW FEDERAL REPORT IS A SICKENING INDICTMENT OF NURSING HOMES AND THE PUBLIC AGENCIES THAT REGULATE THEM.

FOR patients and families with elderly members in nursing homes, a report citing a severe lack of care is disturbing.

A congressional investigation released Monday reported that residents in nearly one of five Los Angeles County nursing homes that receive federal funding suffered from bed sores, broken bones, waste-tainted bed baths, malnutrition or other serious threats to their health.

The investigation was the result of a request from Rep. Henry Waxman, D-Los Angeles, after the U.S. General Accounting Office issued reports that found widespread health and safety violations in more than one-fourth of nursing homes.

Waxman's outrage over the findings is well-placed. ``Nursing homes have a legal and moral obligation to provide adequate care for the vulnerable residents in their care,'' he said.

The report identified the underlying cause of many of the violations - inadequate staffing.

Industry experts say the problem is not so much with a small but dedicated nursing staff as with a high turnover for certified nurse assistants, low pay and inadequate training.

Certainly, it appears that too many operators place profits ahead of patient care, which is despicable. But for the situation to deteriorate to a scary condition, there must be near collusion of state agencies not to enforce current laws and regulations governing the industry.

Strict enforcement of existing laws, which can include a $10,000 fine per violation or placing homes in receivership, could go a long way in shutting down poorly run facilities.

Sadly, a state measure that also would have gone a long way in rectifying the problems was vetoed in October by Gov. Gray Davis, who found the measure too costly.

The bill by Assemblyman Kevin Shelley, D-San Francisco, would have gradually increased the training, the nursing home patient-staff ratios and pay for certified nurse assistants. It also doubled fines for violations of state law to a maximum of $50,000 for a patient death.

Davis reasoned that since he had already included $72 million in his budget to pay for a 5 percent pay raise and some increased staffing, an additional increase would ``place a significant burden on the state.''

During a recession, it's understandable when the governor has to cut the budget. But the Davis administration is suffering from an embarrassment of riches. A growing economy has produced jobs, which in turn have produced a $4 billion budget surplus.

Davis has produced no clear plan for the future that lays out his administration's priorities. Because if he had such a plan, the public surely could expect to see that caring for the state's aging population would be high on the list.

Until then, the appropriate agencies need to come down hard on nursing home operators who put profits ahead of people.

As Waxman said, we as a society owe a generation of senior citizens the opportunity to live out their final days in dignity and free from harm.