Department of Justice Launches a National Nursing Home Initiative

PITTSBURGH – United States Attorney Scott W. Brady joined Attorney General William P. Barr in announcing today the Department of Justice’s National Nursing Home Initiative, which will coordinate and enhance civil and criminal efforts to pursue nursing homes that provide grossly substandard care to their residents.

This initiative is focusing on some of the worst nursing homes around the country and the Department has already initiated investigations into approximately thirty individual nursing facilities in nine states as part of this effort.

"Millions of seniors count on nursing homes to provide them with quality care, and to treat them with dignity and respect when they are most vulnerable," said Attorney General William P. Barr. "Yet, all too often, we have found nursing home owners or operators who put profits over patients, leading to instances of gross abuse and neglect. This national initiative will bring to justice those owners and operators who have profited at the expense of their residents, and help to ensure residents receive the care to which they are entitled."

U.S. Attorney Brady said, "Two weeks ago we announced the conclusion of our investigation into the fraudulent practices of Guardian Care Holdings Inc. with a $15.5M settlement. Guardian is the largest private nursing home company in Pennsylvania, operating 52 facilities across the state, and in Ohio and West Virginia. This case was one of the largest cases against a nursing home company in western PA history. Our office will continue to aggressively pursue providers who take advantage of our seniors by putting financial gain ahead of patient care, and will protect nursing home residents from abuse, neglect and financial exploitation."

The department considers a number of factors in identifying the most problematic nursing homes. For example, the department looks for nursing homes that consistently fail to provide adequate nursing staff to care for their residents, fail to adhere to basic protocols of hygiene and infection control, fail to provide their residents with enough food to eat so that they become emaciated and weak, withhold pain medication, or use physical or chemical restraints to restrain or otherwise sedate their residents. These care failures cause residents to suffer in pain and subjects them to great indignities. Care failures cause residents to develop pressure sores down to the bone, to lie in their own waste for hours, to starve because they cannot reach the food on their trays and to remain unwashed for weeks at a time. Nursing homes that provide grossly substandard care also force vulnerable elderly residents to live in filthy and dangerous conditions, such as where leaky roofs, mold, and rodents are present. These are some of the failures that the department intends to pursue as part of the initiative.

The National Nursing Home Initiative reflects the department’s larger strategy and commitment to protecting our nation’s seniors, coordinated by the department’s Elder Justice Initiative in conjunction with the U.S. Attorneys’ Offices. The Elder Justice Initiative and the U.S. Attorneys’ Offices are essential to the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The Initiative and the U.S. Attorneys’ Offices also support the efforts of state and local prosecutors, law enforcement, and other elder justice professionals to combat elder abuse, neglect and financial exploitation, with the development of training, resources, and information. Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice/.