LOS ANGELES — A coalition of California prosecutors sued the nation’s largest senior living operator, alleging it ignored laws that protect patients when they are discharged from skilled nursing facilities and it exaggerated the level of care to the federal government’s nursing home rating system.
The coalition led by Kern County District Attorney Cynthia Zimmer, which includes California Attorney General Xavier Becerra, sued Tennessee-based Brookdale Senior Living Inc. in connection with 10 California skilled nursing facilities alleges that the company abruptly transfers or discharges residents to bring in newcomers who will bring in more money. The facilities are usually paid more by Medicare than other sources and when that coverage ends there is an incentive to discharge a resident, the lawsuit alleges.
In a first-of-its-kind move, the prosecutors also accused it of falsely advertising its level of care by giving false information to the Centers for Medicare & Medicaid information system. The Medicare rating system awards “star ratings” to skilled nursing facilities with one being the worst and five the best. That system relies on information from the nursing homes.
Brookdale, the lawsuit alleged, got undeserved high ratings in several categories to attract prospective patients and their families. The lawsuit comes as the pandemic has taken a deep and deadly toll on skilled nursing facilities across California.
“Residents of Skilled Nursing facilities are often our mothers, our fathers, and our grandparents who are facing challenging times in their lives. Rules designed to protect nursing facility residents must be followed to ensure the dignity, respect, and compassion that residents deserve,” Zimmer said. “When companies fail to comply with these rules, they create environments that subject the most vulnerable among us to unnecessary victimization, stress and even physical harm.”
Brookdale did not immediately respond to a call for comment.
The lawsuit alleges that Brookdale failed to adequately notify its patients and their families of transfers and discharges. Under the law, the suit noted, skilled nursing facilities are required to give notice of transfer or discharge at least 30 days in advance, or as soon as practical.
At the Brookdale facilities, the lawsuit alleges, required notices to patients, with a copy to the local ombudsmen, were not delivered. Brookdale also is accused of failing to properly prepare its patients for transfer or discharge. The coalition of California prosecutors alleges Brookdale’s actions endangered the health of its patients and also left families scrambling to find other places for their relatives.
“Today, prosecutors up and down the state emphasize we’ll hold nursing home operators accountable for how they treat their patients, who are more vulnerable than ever during the pandemic,” said Los Angeles City Attorney Mike Feuer in announcing the litigation.
The lawsuit also alleges that Brookdale violated the Unfair Competition Law and False Advertising Law by misrepresenting the quality of its care to the public by reporting false information to the Centers for Medicare & Medicaid Services to bolster its ratings. The lawsuit alleges that Brookdale overreported its nursing staffing hours and that move meant it awarded itself undeserved four- and five-star ratings on the five-star scale.
Even after the Centers for Medicare & Medicaid Services in 2018 cracked down on nursing home data, the prosecutors accused Brookdale of “falsifying its payroll-based journals” of time spent with residents by staff.
“We are holding Brookdale accountable for artificially increasing its profits by cutting corners when transferring or discharging its patients. It lured individuals to its facilities through false promises about providing the highest quality care,” said Becerra, who has been nominated by President Joe Biden for secretary of health and human services, which oversees the Centers for Medicare & Medicaid Services.
Becerra, Feuer and Zimmer were joined in filing the lawsuit by the district attorneys of Alameda, San Diego and Santa Cruz counties. The lawsuit seeks civil penalties and an injunction to prevent further unlawful acts.
Under California law, the company could face $2,500 per violation and because the violations are against seniors that number can be doubled for each violation.
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