10 Minnesota Nursing Homes Named in Class Action Lawsuit Against Extendicare

Complaint contends that Extendicare is cheating its residents and misrepresenting itself to prospective residents
(10/30/2008)

MINNEAPOLIS—A class action lawsuit against long-term skilled nursing corporation Extendicare and its 10 facilities in the state of Minnesota was just filed in United States District Court, District of Minnesota, in Minneapolis.
Laura Bernstein vs. Extendicare Health Services, Inc., and Extendicare Homes, Inc., was filed on behalf of Bernstein and all residents who lived in a Minnesota Extendicare facility from October 29, 2002, through October 29, 2008.
The complaint alleges that Extendicare violates the Minnesota Prevention of Consumer Fraud Act by engaging in false or deceptive advertising designed to lure elderly and infirm individuals into believing that they will get the care they need. The complaint contends that Extendicare is cheating its residents and misrepresenting itself to prospective residents.
“Extendicare facilities are consistently cited by the Minnesota Department of Health Services for being in violation of applicable laws and regulations that result in substandard care for residents and violates their rights,” says Minneapolis plaintiff attorney Gale D. Pearson of Pearson, Randall, Schumacher & LaBore. “Yet Extendicare’s promotional materials claim that the company offers high-quality, skilled nursing care services and that it maintains quality standards above government regulations.”
The complaint points to Extendicare’s “Green Flag Policy” and its “24/7 Extendicare Admission Policy” to demonstrate Extendicare’s “profit over people” actions. This policy is comprised of three lists: “Green Flag,” “Yellow Flag,” and “Red Flag.” Various medical conditions are attributed to each list.
The complaint also alleges that the corporate-mandated admissions contract given to incoming residents, 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 that is deceptive, unlawful, or unenforceable under state or federal law.
Extendicare Health Services, Inc., operates, according to its Web site, 191 senior care facilities in the United States with approximately 19,200 beds.
For information about the class action suit, contact Gale Pearson of Pearson, Randall, Schumacher & LaBore at (612) 767-7500 or at gpearson@prslegal.com, or visit www.nursinghomeminnesota.com.

If you have an interesting news story, please submit it here.
Get more news and products like this delivered right to your inbox: subscribe to the Long-Term Living eNews.

Continue the conversation below by posting comments, listing related resources, and linking to associated events.

This entry was posted on Thursday, November 13th, 2008 at 4:00 pm and is filed under Nursing Home Neglect. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.