10 Minnesota Nursing Homes Named in Class Action Lawsuit Against E... (ility performs. This process determines ...)

10 Minnesota Nursing Homes Named in Class Action Lawsuit Against Extendicare

Date:10/30/2008

ility performs. This process determines whether a facility can safely admit and provide adequate care to a resident given the severity of the resident's medical condition; the acuity level of residents already in the facility, and the facility's available resources, including quantity and quality of staff and available monetary resources.

The complaint alleges that Extendicare's policy is that anyone who shows up with one of the serious medical conditions on the "Green Flag" list qualifies for "Automatic Admissions/Always Yes Immediately." This policy does not take into account whether the facility is able to meet the resident's needs or the needs of the residents already residing in the facility. In fact, regardless of the list the prospective resident's medical condition puts him on, the only way he can be denied admittance is by an area vice president who is not even on site.

"I don't believe an area vice president who isn't even onsite could possibly know if the local facility was able to handle the needs of the patient or if the patient should be in a hospital or another acute care facility," says Pearson. "It seems to me that the emphasis is on increasing the census in order to increase the profits, regardless of whether the prospective patient needed care the facility couldn't give or if he were a felon or even a sex offender."

The complaint also alleges that the corporate-mandated admissions contract given to incoming residents, and which they must sign to be admitted, violates Minnesota law. The contract includes a provision that says that residents agree to limit Extendicare's liability in personal injuries or in loss of personal property. Minnesota law (section 144.6501, subd.2) expressly says that a nursing home's admission contract cannot include such a waiver and that it may not include any provision which is deceptive, unlawful, or unenforceable under state or federal law.

Extendicare's problems seem to range across the cou
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