HARRISBURG - Attorney General Bruce R. Beemer has filed a consumer protection lawsuit against a chain of skilled nursing facilities accused of misleading consumers by failing to provide basic services to elderly and vulnerable residents.
Three of the 11 facilities have local ties: Altoona Center for Nursing Care at 1020 Green Ave. in Altoona, Cambria Care Center at 429 Manor Drive in Ebensburg and LaurelWood Care Center at 100 Woodmont Road in Upper Yoder Township.
Other facilities included in the suit are Colonial Park Care Center in Harrisburg, Harmarvillage Care Center in Cheswick, Harmon House Care Center in Mount Pleasant, Highland Park Care Center in Pittsburgh, Kittanning Care Center in Kittanning, Providence Care Center in Beaver Falls, Riverside Care Center in McKeesport and Woodhaven Care Center in Monroeville
The filed against Pittsburgh-based Grane Healthcare Co., which manages and operates 12 skilled nursing facilities statewide, is the result of an investigation by the attorney general's health care section.
The lawsuit alleges that Grane violated the commonwealth's Unfair Trade Practices and Consumer Protection Law by making misrepresentations on its websites and in marketing materials regarding facility staffing and the basic care provided to the residents of its facilities. Grane is also accused of the pervasive, chain-wide practice of billing consumers and the commonwealth for services that were not provided.
"These alleged misrepresentations not only deceived the residents of these facilities, but Grane's business practices also degraded residents and increased the risk of negative health consequences," Beemer said in a statement. "We believe there is ample evidence that these facilities fell far short when it came to providing essential services."
According to the lawsuit, Grane limited the number of certified nursing assistants on duty at its facilities, leaving the facilities incapable of delivering the basic care that Grane promised to provide. Despite that, Grane facilities advertised and marketed to consumers that they strive for a very high staff-to-patient ratio and that they base staffing on patient acuity levels, the lawsuit says. The lawsuit alleges that this conduct was deceptive, misleading and unfair.
Grane Healthcare on Friday told the Associated Press the accusations were "completely unfounded." The company says it believes the complaint is driven in part by a Washington law firm that has partnered with the state and stands to obtain "significant monetary gain."
The Attorney General's investigation included interviews with former employees of Grane facilities and a review of survey results reported by the Pennsylvania Department of Health.
The allegations include:
Incontinent residents were not checked and changed for hours at a time and were left in wet and soiled clothing and bedding.
Continent residents did not get timely assistance for using the bathrooms, causing them to urinate and defecate in their clothes.
Showers were skipped or rushed.
Residents were left in their pajamas during the day, because staff did not have time to dress them.
Residents were not repositioned every two hours as needed, but instead waited intervals of three to four hours between repositionings.
Certified nursing assistants used mechanical lifts to transfer and reposition residents alone, even though this practice risked injury for both staff and residents.
Excessive and inappropriate use of physical and pharmacological restraints.
Residents were awakened at 5 a.m. or earlier to be showered and dressed for the day because of inadequate staffing on the day shift.
Residents faced long waits after ringing call bells for assistance.
Residents who required assistance with meals missed meals or did not get enough to eat, because staff did not have enough time to feed them.
Range of motion exercises were rarely done with residents, though CNAs were instructed to document that they had been done.
Records were falsified, showing that residents received more care than staff had really provided to them.
The lawsuit was filed in commonwealth court and seeks to prohibit Grane from engaging in the allegedly deceptive and unlawful business practices of which it is accused. The lawsuit also seeks restitution for consumers and the commonwealth, as well as $1,000 per violation of the Consumer Protection Law, or up to $3,000 for every violation involving a person or older.
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