LA Metropolis Lawyer Recordsdata Lawsuit Towards Nursing Facility

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Los Angeles City Attorney Mike Feuer participates with Rep. Adam Schiff at a conversation session titled "A Constitutional Clash: A Separation of Powers In A Tumultuous Time," at Los Angeles Police Headquarters Thursday, May 30, 2019.

LOS ANGELES – Prosecutor Mike Feuer announced on Thursday that his office had filed his second lawsuit against Lakeview Terrace Skilled Nursing Facility in two years over allegations of "patient dumping" during the COVID-19 pandemic, abuse and neglect of Patient who refused medical care and has submitted efforts to hide his behavior.

In 2019, Feuer reached an agreement with the Westlake / MacArthur Park facility to pay civil penalties and to hire a judicial observer to oversee the operation of Lakeview Terrace. The settlement should resolve allegations that Lakeview Terrace had discharged patients and failed to meet quality of care requirements.

What you need to know

  • This is Mike Feuer's office's second lawsuit against Lakeview Terrace Skilled Nursing Facility
  • “Patient dumping” is the illegal discharge of sick, elderly and disabled patients to facilities that are unable to provide care without the consent of the patient or their families
  • Nursing homes receive significantly higher reimbursements for Medicare-insured patients.
  • Prosecutors allege that Lakeview Terrace falsified residents' medical records to hide abuse and neglect

"We are taking aggressive measures to protect nursing home patients who are at particular risk during this deadly pandemic from serious allegations of abuse and neglect," said Feuer. "We claim that the behavior of this facility continues to endanger their patients – despite our previous lawsuit, injunction, six-figure settlement, judicial oversight and enforcement by state regulators. We will not let up until we know that these patients are receiving treatment that You deserve." . "

Feuer's current lawsuit seeks a permanent injunction prohibiting all Lakeview Terrace Skilled Nursing Facility employees from participating in the acts and practices alleged in the recent complaint against the 2019 injunction.

🚨Cash in COVID ??! Patient dumping during the pandemic to make room for more "lucrative" COVID patients?

"We will not let up until we know that these patients are receiving the treatment they deserve." – Mike Feuer, Prosecutor: //t.co/0RSeZY9AoY #seniorcare #LosAngeles

– LA City Attorney (@CityAttorneyLA) July 9, 2020

According to the complaint, the Lakeview Terrace Skilled Nursing Facility has illegally released sick, elderly and disabled patients to facilities unable to provide care without the consent of these patients or their families in the past few months, which is referred to as "patient dumping." "is called" To make room for new, arriving patients, said fire.

Nursing homes receive significantly higher reimbursements for Medicare-insured patients and can receive up to $ 600 more per patient for Medicare patients who have COVID-19, Feuer said.

As a rule, however, the reimbursement rates decrease the longer a patient stays in a facility. Nursing homes are being encouraged to make room for new Medicare patients, even if that means dismissing existing patients regardless of their health and safety, the city's lawyer said.

Last February, Feuer announced an agreement with Lakeview Terrace to resolve allegations regarding the unloading of homeless and mentally disabled patients from the facility and issues with the quality of care.

Under the terms of the agreement, Lakeview Terrace was required by a court order to appoint an "independent monitor" appointed by the court to monitor the operation of the facility for two years.

The new complaint claims that Lakeview Terrace did not protect its patients in accordance with this agreement or in accordance with relevant laws, Feuer said, and its managers have failed to report allegations of abuse and neglect of residents within the facility to the independent monitor or to report to the Ombudsman's office in Los Angeles to prevent "sensible oversight".

The complaint alleges that some new residents are forced to spend their first night in the facility's public areas, as Lakeview Terrace sometimes takes more patients than beds.

"Even more worrying, last year Lakeview Terrace did not administer hundreds of doses of essential medication to critically ill patients, including one patient who was denied 414 out of 654 prescribed doses of HIV medication and another, during COVID-19 -Pandemic breathing problems, he was denied 176 doses of medication by the inhaler, "said the prosecutor.

Prosecutors allege that Lakeview Terrace has falsified medical records to hide this abuse and neglect. Employees are said to have signed hundreds of records that incorrectly show that they had given medication to patients when they did not, which misled regulators, the monitor, and patient care physicians.

The complaint also alleges that the California Department of Health has identified 32 state and federal violations of Lakeview Terrace in the past six months and identified two "imminent dangers" at the facility, a status indicating that the agency has committed violations against Lakeview Terrace have caused or are likely to cause serious injury, damage, impairment or death.

The prosecutor said that through the Los Angeles Ombudsman's Attorney Program, people can get more information about caring for relatives in nursing homes and information about relatives in nursing homes during the COVID-19 pandemic at www.wiseandhealthyaging.org/ombudsman.

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