The U.S. government is stepping in to hold a major health system accountable.
The Justice Department has filed a complaint under the False Claims Act (FCA) against ProMedica Health System, Inc. and several of its affiliated entities, including HCR ManorCare Inc., as well as four nursing homes located in Pennsylvania, Ohio, South Carolina, and Virginia.
Headquartered in Toledo, Ohio, ProMedica is a nonprofit organization that owned and operated these nursing homes from 2018 to 2023.
The facilities include ProMedica Skilled Nursing and Rehabilitation locations in Pottstown (PA), Riverview (OH), Greenville East (SC), and Imperial (VA).
Allegations of Substandard Care
According to the government’s complaint, these nursing homes allegedly provided care that was either non-existent or severely below required standards. From 2017 to 2023, the facilities are accused of failing to develop or follow individualized care plans for residents, violating the Nursing Home Reform Act.
Specific shortcomings include inadequate wound care that allowed pressure ulcers to develop, failure to maintain residents’ hygiene and provide required showers, and insufficient assistance with feeding, which in many cases led to serious weight loss.
To hide these failures, the complaint alleges that staff sometimes falsified medical records to suggest care had been provided when it had not.
Justice Department Emphasizes Protection for Vulnerable Residents
Assistant Attorney General Brett A. Shumate stressed the importance of protecting nursing home residents, many of whom are elderly or infirm.
“Grossly substandard care places residents at serious risk of harm,” he said.
“This suit sends a clear message that we will pursue health care providers who fail to meet their legal obligations and betray the trust of the residents they are meant to serve.”
U.S. Attorney David Metcalf added that the government has been monitoring nursing home care for nearly three decades.
“Residents in long-term care facilities are particularly vulnerable,” he said.
“This complaint serves as a reminder to the industry that failing to provide adequate care will not be tolerated.
Public funds for nursing home residents must result in proper care — which is exactly what the law requires.”
Coordinated Federal Investigation
The complaint is the product of a joint effort by the Civil Division’s Commercial Litigation Branch, the Fraud Section, the U.S. Attorney’s Office for the Eastern District of Pennsylvania, and the Department of Health and Human Services’ Office of Inspector General.
Fraud Section attorneys Susan C. Lynch, Robbin O. Lee, and Samuel P. Robins, along with Assistant U.S. Attorneys David Degnan and Gerald B. Sullivan, are leading the case.
The official case caption is United States, et al., ex rel. Compton v. HCR ManorCare, Inc., et al., No. 16-cv-0851 (E.D. Pa.).
Allegations Are Not a Determination of Guilt
It’s important to note that the claims in the complaint are allegations only.
No determination of liability has been made, and the case is still ongoing as the legal process unfolds.