The State of California and the operators of skilled nursing facilities (nursing homes) in California entered into a Stipulated Final Judgment signed by a judge on March 14, 2024, which included Mariner Health Care Inc. as a defendant, that stated, in part: “Pursuant to Business and Professions Code sections 17203 and 17535, Defendants and all Enjoined Parties are hereby enjoined and precluded from failing to comply with Federal or California laws and regulations, applicable to Skilled Nursing Facilities in California for a period of five years unless otherwise extended by this Court or as set forth in subparagraph “E” below, including but not limited to any of the following:
A. Improperly discharging a resident in violation of Federal or California laws and regulations, including but not limited to the following:
i. Failing to engage in proper discharge planning, including but not limited to, discharging or transferring a resident without providing to the resident or the resident’s representative the preparation and orientation required under 42 U.S.C. section 1395(c), 42 U.S.C. section 1396r(c), and 42 C.F.R. section 483.15(c), to ensure safe and orderly transfer or
discharge;
ii. Causing the discharge of a resident without first properly developing and implementing a discharge plan, in violation of 42 C.F.R. section 483.21;
iii. Failing to properly document discharges by failure to document and maintain medical records for residents required upon discharge or transfer, including the discharge summary, in violation of 42 C.F.R. section 483.15(c) and section 483.21(c);
iv. Failing to document in the resident’s medical file that a transfer or discharge is appropriate under 22 C.C.R. section 72527 and 42 C.F.R. section 483. 15(c);
v. Discharging or transferring a resident without giving the resident or resident’s representative timely prior written notice in a language and manner they understand, including but not limited to, violating of 42 U.S.C. section 1395i-3(c), 42 U.S.C. section 1396r(c), and 42 C.F.R. section 483.15(c), 483.10(g); and 22 C.C.R. section 72520(a);
vi. Discharging or transferring a resident without sending a copy of the written notice of transfer or discharge to the local Long-Term Care Ombudsman within the time required by Cal. Health and Safety Code section 1439.6 and 42 C.F.R. section 483.15(c);
vii. Providing written notice to the resident and the resident’s representative for all transfers or discharges;
viii. Except as specified in paragraphs (c)(4)(ii) and (8) of 42 CFR section 483.15, the notice of transfer or discharge for all discharges must be in writing in a form in compliance with 42 CFR section 483.15(c)(5), and made by the facility at least 30 days before the resident is transferred or discharged, with a contemporaneous copy of the notice to the local Long-Term Care Ombudsman within the time required by Cal. Health and Safety Code section 1439.6 and 42 C.F.R. section 483.15(c)(3)(i); and
ix. During the Monitoring Period (defined in paragraph 10 below), further providing a copy of the notice of transfer or discharge to the Monitor (also defined in paragraph 10, below), by email or facsimile transmission as directed by the Monitor at the same time as the notice to the Ombudsman.
B. As defined by and in violation of California Business and Professions Code section 17500, or in any other fashion, making, causing to be submitted, made, published or republished any materially false, inflated or misleading information to the Centers for Medicare and Medicaid Services (CMS) for the purposes of influencing the Five-Star Quality Rating System calculations or for any other fraudulent purpose.
C. Failing to report incidents of suspected abuse and neglect as required by Cal Welfare & Institutions Code § 15630, and similar or related statutes and regulations, and copy all written reports and confirmations to the Compliance Monitor during the “Monitoring Period” as defined below, contemporaneous with the report or written confirmation.
D. Failing to provide adequate staffing as required by Health & Safety Code §1599.1(a); 22 C.C.R. section 72501(e), and to comply, at all times, with all applicable state and federal regulatory and statutory requirements regarding the levels at which a skilled nursing facility must provide staffing, including but not limited to, California Health & Safety Code sections 1599.1 and 1276.65; 22 C.C.R. sections 72329, 72329.2, 72501(e) and (g) and 22 C.C.R. section 72527(a)(24); 42 C.F.R. section 483.35; and 42 U.S.C. section 1396r(b)(2), and as required by 42 C.F.R. section 483.70(f).
E. This injunction shall last for a period of five years following this Court’s acceptance of this judgment or terminate upon Successful Completion of the Bankruptcy Plan, whichever is later.”
The Stipulated Final Judgment further provided for monetary relief: “Subject to the provisions below including without limitation Paragraph 18(C), Penalties are hereby awarded to Plaintiff against all Defendants jointly and severally in the amount of fifteen million five hundred thousand dollars ($15,500,000). Costs are awarded to Plaintiff against all Defendants jointly and severally in the amount of two million two hundred and fifty thousand dollars ($2,250,000.00) as reimbursement for the costs of investigation of this case.”
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in California or in another U.S. state due to improper nursing home discharge, improper nursing home transfer, a nursing home fall, nursing home aspiration, nursing home neglect, nursing home negligence, nursing home abuse, nursing home understaffing, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a nursing home claim lawyer in California or in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.
Visit our website to be connected with medical malpractice attorneys (nursing home claim attorneys) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.
Turn to us when you don’t know where to turn.
