The California Supreme Court is reviewing a jury award of $95,500 against HCR ManorCare as it debates the correct penalty amounts for alleged health and safety violations.
California law currently declares that licensed facilities found guilty of violating the state’s health and safety law face a penalty of up to $500. HCR ManorCare argues that $500 is the maximum penalty, regardless of the number of violations, while patient advocates say the statute allows for the penalty to be per violation, Bloomberg Law reported.
The high court is expected to make a decision regarding the statute interpretation, along with whether or not a jury should make the decision, within 90 days.
The case stems from a 2011 neglect and abuse lawsuit against HCR ManorCare by the daughter of a deceased resident. The jury found that the provider committed 382 violations against the resident.
A jury fined the provider a total of $95,500 — $250 per violation. It was also assessed an additional $100,000 in damages.