Shapiro hails nursing homes ruling
Court makes them liable for poor care
A Pennsylvania Supreme Court decision this week makes clear that state prosecutors can seek financial penalties against nursing homes accused of shoddy care of their residents, Attorney General Josh Shapiro said Friday in hailing the court order.
On Tuesday, the state’s highest court overruled an April 2017 decision by Commonwealth Court in a civil suit filed by one of Mr. Shapiro’s predecessors against 25 Golden Living Centers nursing homes in Pennsylvania. The case was sent back to Commonwealth Court for further review and a new decision.
The state suit originally filed in 2015 accused the Golden Living facilities — including sites in Mt. Lebanon, Monroeville, Murrysville and Uniontown — of violating Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.
Former Attorney General Kathleen Kane sought financial damages from Golden Living for failure to live up to claims of offering quality care, based on interviews conducted with employees and families and deficiencies identified by state inspectors. Golden Living’s corporate ownership called the suit “baseless and wholly without merit.”
In rejecting the state’s case, Commonwealth Court held that Golden Living had used an allowable amount of “puffery” in its marketing and violated no law. The court also ruled that only individuals affected by
false advertising, and not the attorney general, had the right to seek restitution for any harm. The Supreme Court found the lower court erred on both counts.
“We hesitate to conclude that consumers seeking a nursing home would necessarily find statements promising to provide food, water, and clean linens to be hyperbolic in any respect, or to be vague statements of optimism or intent,” said the Supreme Court’s opinion.
The attorney general’s case against Golden Living was notable when filed, because it had previously been left to the Pennsylvania Health Department to take action against nursing homes for any care deemed substandard. In the wake of the suit, which included claims of bedsores, soiled diapers and other neglect, the Health Department secretary acknowledged the need to improve oversight of the industry.
The initial Commonwealth Court decision put such lawsuits in jeopardy, as it caused Mr. Shapiro to withdraw a similar suit that had been filed against O’Hara-based Grane HealthCare Co., for conditions at its 11 homes in Pennsylvania.
Mr. Shapiro, while not indicating whether such cases would be pursued anew against more nursing homes, issued a statement Friday saying the Supreme Court’s action this week amounted to a victory for nursing home consumers.
“When a family places their loved one in a senior living facility, they have the right to expect that the claims the facility makes to attract them are true, and that their senior will be well cared for,” Mr. Shapiro said.”We will pursue this case against this nursing home chain, and any misleading claims by others, for the protection and well-being of every senior and family making these decisions in Pennsylvania.”