A California judge has ordered a chain of nursing homes in California to staff up to state-required levels and follow state and federal discharge rules.
Mariner Health must increase staffing at five facilities and comply with discharge laws at all 19 of its facilities, and will be subject to oversight by a court-appointed monitor, according to the order by Alameda County Superior Court Judge Brad Seligman. The lawsuit, which was brought by the state and district attorneys for Alameda, Los Angeles, Marin and Santa Cruz counties in 2021, accused the chain of substandard care and discharging patients too early.
“Mariner understaffed its facilities and left residents vulnerable to assault, illness, and harm,” said Attorney General Rob Bonta in a press release announcing the preliminary injunction. “When it comes to California’s skilled nursing facilities, the well-being of patients will always be an uncompromisable priority.”
The lawsuit alleged that chronic understaffing led to lice and pests at Mariner facilities, unreported cases of sexual assault, and unnecessary medical amputations. The suit also alleged that Mariner Health falsified staffing numbers to CMS to advertise inflated ratings.
The company is appealing $8.5 million in damages plus $6 million in attorneys’ fees awarded in a separate case in which a jury found Mariner’s Parkview Healthcare Center in Hayward had abused and neglected 10 residents, according to an article in the San Francisco Chronicle. The facility also is one of the five subject to the new action.
A spokeswoman for Mariner Health said the company was reviewing the new order and deciding whether to appeal.
“Mariner Health Care remains committed to providing the best possible 24-hour care to ensure the ongoing safety and well-being of our residents,” Deborah Pacyna said in a prepared statement.
In addition to Parkview Healthcare Center, the other facilities that will be monitored for compliance with state and federal laws are: Hayward Hills Healthcare Center, Fremont Healthcare Center, Driftwood Healthcare Center in Santa Cruz and the Rehabilitation Center of Santa Monica.
“This injunction will make sure that residents at these facilities are given the proper care they need in a safe environment,” said Los Angeles County District Attorney George Gascón.
In addition to making patient and staffing records available to the court-appointed monitor, Mariner Health also will be responsible for paying the monitor’s salary. The monitor may also make unannounced visits to facilities.
