A $3.25 million settlement was announced Friday against the nation’s largest senior living operator, resolving allegations that its 10 skilled nursing facilities in California didn’t properly prepare their residents for transfers and discharges and misrepresented their quality of care to the general public.
Tennessee-based Brookdale Senior Living Inc., which operated facilities in San Diego and Carlsbad, didn’t give residents at least 30 days advance notice of a transfer or discharge as required, and gave false information to the Centers for Medicare & Medicaid Services (CMS), which was used to provide the company’s facilities with “undeserved” awards, according to the lawsuit filed by a coalition of district and city attorneys across the state.
Officials alleged the late notice for transfers “endangered the health of its residents and also left families scrambling to find other places to care for their loved ones.”
Additionally, the false information which led to higher award ratings was submitted “to attract prospective residents and their families.” The alleged misrepresentations included over-reporting the amount of hours in which nurses provided care, which garnered Brookdale facilities four- and five-star ratings from the CMS.
The two San Diego County facilities have since been sold, according to the San Diego County District Attorney’s Office.
“Skilled nursing facilities should always provide their residents with the highest standard of care. Instead, Brookdale put seniors and people with disabilities at risk, and misled prospective residents and their families about the quality of its California facilities,” California Attorney General Rob Bonta said.
As part of the settlement, Brookdale must appoint a monitor to oversee compliance at its Kern County facility and pay $2.4 million in civil penalties, plus other costs.
“This case demonstrates that we will hold senior living facilities accountable to follow the rules regarding proper notification before release or transfer of an elderly person in their care,” San Diego County District Attorney Summer Stephan said. “… This lawsuit exposed the kind of misrepresentation that won’t be tolerated when it comes to protecting some of the most vulnerable in our community. Brookdale’s actions put seniors and people with disabilities at risk.”
In response to the settlement, a spokesperson for Brookdale denied any wrongdoing by the company.
“We strongly disagree with the characterizations made by the other parties in the case. There are no findings Brookdale violated any laws or engaged in wrongdoing. Brookdale continues to deny any liability,” the company said.
“Brookdale supports laws and regulations that protect seniors and govern our industry, and we are thankful to have a dedicated group of associates who provide high quality service and care to our residents. Our communities rely upon the relationships we build with our seniors, and our top priority will always be the health and safety of our residents and associates. Resolving this case for an amount equal to the continued cost of defense was in the best interests of our residents, and we are pleased to put this behind us.”
City News Service contributed to this article.
