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Assisted Living Facilities Sued over Allegations of Unlawful Patient Discharge Practices, Misleading Information

  • California AG Xavier Becerra sued assisted living facilities operator Brookdale Senior Living, Inc. (“Brookdale”) over allegations that it failed to properly notify its patients and their families of transfers and discharges, and that it provided false information to manipulate its ratings by the Centers for Medicare & Medicaid (“CMS”) in violation of California’s Unfair Competition Law and False Advertising Law.
  • The complaint alleges that Brookdale endangered the health of its patients by not providing the legally required 30-day notice to patients, their families, and the California Long Term Care Ombudsman prior to transfers or discharges of patients from skilled nursing facilities. In addition, Brookdale allegedly did not properly prepare patients for their transfer or discharge. The complaint also alleges that Brookdale over-represented the number of its nursing staff hours to CMS in order to obtain a higher star rating on CMS’s website for consumers.
  • The complaint seeks injunctive relief, restitution, and civil penalties.