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California AG Secures Preliminary Injunction Against SNF Franchise for Understaffing, Assault, and Negligence

Analysis  |  By Jasmyne Ray  
   January 20, 2023

The California Attorney General alleges that Mariner Health Care Inc. violated California's Unfair Competition Law and False Advertising Law.

California Attorney General Rob Bonta secured a preliminary injunction against 19 skilled nursing facilities (SNF) under Mariner Health Care Inc. earlier this month. The facilities were found to have violated federal and state laws and regulations over five years.

Mariner Health Care is alleged to have violated the state's Unfair Competition Law and False Advertising Law, by understaffing its facilities and neglecting their residents' care. It is also alleged that the facilities were inflating their ratings submitted to the Centers for Medicare & Medicaid Services (CMS).

"Mariner and its skilled nursing facilities violated both the law and the trust of our communities by failing to protect the safety and well-being of its residents," Bonta said in a statement. "Mariner understaffed its facilities and left residents vulnerable to assault, illness, and harm."

According to Bonta, the preliminary injunction will allow for an independent monitor to oversee the 19 facilities to ensure SNF compliance and resident safety.

On April 8, 2021, the Division of Medi-Cal Fraud and Elder Abuse, along with the district attorneys of Alameda, Los Angeles, Marin, and Santa Cruz counties, filed a civil complaint against the 19 skilled nursing facilities and Mariner Health Care. The complaint claimed that as a result of the SNFs' understaffing violations, residents were left vulnerable to the spread of diseases like lice, and amputations resulting from inadequate care. There were also a high number of unreported sexual assault cases.

"It is disappointing that facilities like Mariner's fail to protect and provide services to one of our most vulnerable groups. Our elderly population deserves the best care and they should never be neglected," George Gascón, Los Angeles country district attorney, said in a statement.

"This injunction will make sure that residents at these facilities are given the proper care they need in a safe environment."

“It is disappointing that facilities like Mariner's fail to protect and provide services to one of our most vulnerable groups. Our elderly population deserves the best care and they should never be neglected.”

Jasmyne Ray is the revenue cycle editor at HealthLeaders. 


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