Such is the allegation of a new class action lawsuit filed against Extendicare Health Services Inc. and Extendicare Homes Inc. Laura Bernstein is the lead plaintiff on behalf of all residents who lived in any Minnesota-based Extendicare facility from October 29th 2002 through October 29th 2008.The lawsuit was registered earlier this month in US District Court, District of Minnesota in Minneapolis.
According to documents filed with the Court, the complaint centers on Extendicare's 'Green Flag' and '24/7 Extendicare Admission' policies. At issue is the facility's immediate readiness to admit, and approve anyone presenting at the facility with any one of the serious medical conditions outlined on the company's 'Green Flag' list. Anyone with such credentials would allegedly qualify for 'Automatic Admissions / Always Yes Immediately' status, without due consideration given to whether or not the facility can actually meet the needs of the resident.
It is alleged that the only way a resident can be denied admission to an Extendicare facility in Minnesota, is through an area vice president who isn't even on site—and therefore isn't in any position to give an objective assessment.
The allegation, therefore, is that the facilities pay more attention to the numbers, which can translate into profits—and spend less time assessing the needs of the prospective resident, and whether or not the facility is unduly taxing the resources of personnel, which may have a bearing not only on staff, but with other residents.
As such, the lawsuit alleges that Extendicare violates the Minnesota Prevention of Consumer Fraud Act by engaging in false or deceptive promotion that is at odds with the care the facility can actually provide, with marketing designed to lure elderly patients and their families into believing they can get the care they need.
Given the track record of Minnesota-based Extendicare facilities; there is room for doubt. According to legal professionals familiar with the lawsuit, the 10 Extendicare facilities are consistently cited by the Minnesota Department of Health Services for various violations of applicable laws and regulations, the result of which sees residents subjected to substandard elder care and violations of their rights.
And yet, the promotional materials paint a far different picture, promising high-quality and skilled nursing care together with quality standards that are above government regulations.
It Doesn't End in Minnesota
In July the Milwaukee Journal-Sentinel reported that 20, of the 26 Wisconsin-based Extendicare facilities had been cited for at least one, serious care violation within the past three years. Further, Extendicare was required to fork over $2.3 million to the State of Wisconsin in a civil settlement with regard to serious nursing home violations arising from the 2003 death of a resident. Willows Nursing and Rehabilitation, located in Sun Prairie, was cited for poor care after two residents died.
Extendicare is facing a similar class-action suit in Washington.
READ MORE NURSING HOME ABUSE LEGAL NEWS
Nursing home negligence can take many forms—including the potential for putting profit over people by accepting too many new residents, with little vetting and insufficient attention paid to the actual needs of the residents, and conversely with the needs of their other residents, and the capacity for staff to meet them. Indeed simple negligence can form the basis for severe nursing home abuse, which is the kind of elder care few can stomach and nobody wants.
Extendicare Homes Inc. is a subsidiary of Extendicare Health Services Inc. Located in Milwaukee, the company is a wholly-owned subsidiary of Extendicare Real Estate Investment Trust based in Canada, and manages 19,200 beds in 191 senior care facilities in the US.