The consequence, prosecutors mentioned, was that Brookdale “has been awarded increased star scores than it deserved.” They added, “The chain’s manipulation has allowed Brookdale to draw potential sufferers and their households to its amenities by deceptive them about its high quality of care.”
Prosecutors additionally accused Brookdale of illegally evicting or transferring residents in order that the chain might “fill its beds with residents who will usher in extra money.” In a single occasion highlighted within the swimsuit, prosecutors mentioned Brookdale discharged a 78-year-old resident who suffered from coronary heart and kidney illness with out eradicating his catheter.
The lawsuit seeks civil penalties and an injunction to forestall future illegal conduct. Underneath California regulation, civil penalties are as much as $2,500 per violation. On this case, the place the violations are dedicated in opposition to seniors or individuals with disabilities, the regulation supplies for an extra penalty of as much as $2,500 per violation.
A Brookdale spokeswoman didn’t instantly reply to a request for remark.
The Instances beforehand reported {that a} Brookdale facility in Lexington, Ky., advised Medicare in 2017 that each resident received a mean of 75 minutes of care every day. In actuality, nurses on the Brookdale Richmond Place facility spent a mean of lower than half-hour a day with sufferers. Brookdale acquired 5 stars for staffing. Absent the inflated numbers, it most likely would have acquired just one or two stars.
A former Brookdale nursing assistant mentioned in a deposition final 12 months that her supervisors advised her to falsify residents’ medical information to make it appear like they acquired extra care than they did.
Heather Hunter, a spokeswoman for Brookdale, advised The Instances, “Now we have detailed insurance policies in place to make sure compliance with C.M.S. reporting guidelines, and we aren’t conscious of any occasion the place inaccurate or false info was submitted by any of our communities exterior of the confines of the C.M.S. guidelines.”
President Biden nominated Mr. Becerra, whose workplace introduced the case in opposition to Brookdale, for secretary of well being and human providers, which oversees C.M.S. The Senate has not but voted on the nomination.
Robert Gebeloff contributed reporting.
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