‘Horrible care’ alleged at Montrose nursing home
[UPDATED Oct. 9, 2014 at 4:52 p.m. ] A proposed class-action lawsuit was filed this week against the owner and operator of dozens of California nursing facilities, including one located in Montrose, alleging that the facilities are chronically understaffed and underfunded, jeopardizing the care of more than 3,000 patients.
A firm specializing in elder-abuse cases filed the suit Tuesday on behalf of a former resident. It names Shlomo Rechnitz, the owner of Brius Management, as a defendant, alleging he violates industry rules and regulations and misrepresents the quality of services, Los Angeles County Superior Court records show. The firm runs 57 skilled nursing facilities statewide, including Verdugo Valley Skilled Nursing and Wellness Centre in Montrose.
According to attorney Stephen Garcia, inadequate staffing caused one former resident to suffer repeated falls, impairing his ability to walk normally. Meanwhile, other residents, he said, developed pressure sores from being left in their own urine and feces.
“He provides horrible care,” Garcia said. “It’s important to protect these people.”
In a statement released on Thursday, a Brius representative said that the lawsuit was filled with “baseless and untrue allegations,” and came after the company refused to enter into a “lucrative consulting contract” with Garcia.
When reached via phone Thursday, Garica called this a “complete lie,” noting that he has never spoken to anyone at Brius.
According to the Brius statement, the facilities are operated “at the highest standards” and staffing levels exceed state-required levels.
The lawsuit alleged that last year, the Montrose facility received 20 notices of deficiencies from the state Department of Public Health for “providing substandard care to their residents and violating resident rights.”
In 2012 and 2011, respectively, the facility received 28 and 48 notices of deficiencies, the lawsuit claimed.
According to the lawsuit, within the last week, the state Department of Health Care Services threatened to withhold 20% of Rechnitz’s Medi-Cal payments for 55 of his facilities because he “failed or refused to submit required audit materials” to the department. The lawsuit claimed that the department has been withholding Medi-Cal payments of the remaining two facilities for the same reason since last October.
The Montrose facility was reportedly indicted in 2011 for abuse and neglect after a patient killed himself by discharging a hand-held fire extinguisher down his throat.
The lawsuit requests that Rechnitz comply with the regulations governing healthcare facilities, report violations to the Department of Public Health, conduct confidential quarterly surveys of patients to detect abuses, and create policies and procedures for suspect patient abuse and neglect.