March 18, 2022

California Enforcers Settle with Brookdale Senior Living

Lori Kalani, Bernard Nash

Cozen O'Connor

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Cozen O'Connor

California AG Rob Bonta, together with a coalition of California District and City attorneys, announced a settlement with Brookdale Senior Living, Inc., the nation’s largest senior living operator, over allegations that Brookdale violated the state False Advertising Law and Unfair Competition Law by improperly discharging patients and misrepresenting the quality of care provided at its facilities.
In the complaint, the government alleged that Brookdale’s ten California skilled nursing facilities failed to adequately inform patients and families of transfers and discharges, including failing to provide sufficient advance notice or providing it in the wrong language, in violation of the detailed transfer and discharge requirements set out in the California Patients’ Bill of Rights. The complaint further alleged that Brookdale provided false information regarding its staffing and hours worked to the Center for Medicare & Medicaid Services in order to inflate its “star rating” on CMS’ website.
Under the terms of the settlement, in which Brookdale did not admit any liability or wrongdoing, the company agrees not to make any false or misleading statements to CMS and to follow all state and federal requirements for discharging or transferring residents, and Brookdale’s compliance will be subject to oversight by a Quality Compliance Specialist. Further, Brookdale must pay a $2.4 million penalty, $300,000 to a long term care ombudsman program, and $550,000 in costs.

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