Passavant Memorial Homes, a non-profit organization that operates several nursing homes and assisted living facilities in Pennsylvania, has been the subject of several lawsuits in recent years. These lawsuits have alleged a variety of wrongdoing, including negligence, abuse, and violations of the False Claims Act.

Allegations of Negligence and Abuse

In 2012, a woman filed a lawsuit against Passavant Memorial Homes after she was allegedly assaulted by a patient at one of the organization’s group homes. The woman claimed that Passavant was negligent in its supervision of the patient and that the assault was a result of this negligence.

In another case, a family sued Passavant Memorial Homes after their loved one died while a resident at one of the organization’s nursing homes. The family alleged that Passavant was negligent in its care of their loved one and that this negligence led to their death.

False Claims Act Allegations

In 2015, the United States Department of Justice filed a lawsuit against Passavant Memorial Homes alleging that the organization had violated the False Claims Act. The government alleged that Passavant had dispensed controlled substances to patients without a valid prescription and with only a physician order.

Passavant Memorial Homes settled the False Claims Act lawsuit in 2016 for $1.85 million. However, the organization continues to face other lawsuits, including the negligence and abuse lawsuits mentioned above.

Conclusion

The Passavant Memorial Homes lawsuits highlight the importance of holding nursing homes and assisted living facilities accountable for their actions. These facilities have a responsibility to provide their residents with safe and quality care, and when they fail to do so, they should be held responsible.

FAQs

What is the False Claims Act?

The False Claims Act is a federal law that prohibits individuals and entities from knowingly submitting false claims for payment to the government. The law also prohibits individuals and entities from making false statements to the government in order to obtain payment.

The False Claims Act is a powerful tool for fighting fraud and waste in government programs. The law has been used to recover billions of dollars in damages from individuals and entities that have defrauded the government.

What are the allegations against Passavant Memorial Homes?

Passavant Memorial Homes is accused of violating the False Claims Act by dispensing controlled substances to patients without a valid prescription and with only a physician order. This practice is illegal because it can lead to patients becoming addicted to the drugs. It can also lead to patients overdosing on the drugs.

The government is seeking $1.85 million in damages from Passavant Memorial Homes. The government is also seeking to have Passavant Memorial Homes excluded from participating in Medicare and Medicaid.

What has happened in the lawsuits against Passavant Memorial Homes?

In 2015, the United States Department of Justice filed a lawsuit against Passavant Memorial Homes alleging that the organization had violated the False Claims Act. The government alleged that Passavant had dispensed controlled substances to patients without a valid prescription and with only a physician order.

Passavant Memorial Homes settled the False Claims Act lawsuit in 2016 for $1.85 million. However, the organization continues to face other lawsuits, including negligence and abuse lawsuits.

What are the potential consequences for Passavant Memorial Homes?

The False Claims Act provides for a variety of penalties for violators, including treble damages, civil penalties, and exclusion from participating in government programs.

In addition to the penalties under the False Claims Act, Passavant Memorial Homes may also be liable for damages in the negligence and abuse lawsuits. These damages could include medical expenses, pain and suffering, and lost wages.

What can be done to prevent future lawsuits against nursing homes and assisted living facilities?

Nursing homes and assisted living facilities can take a number of steps to prevent future lawsuits, including:

Developing and implementing policies and procedures to prevent the misuse of controlled substances

Providing staff with training on the proper use of controlled substances

Monitoring staff’s use of controlled substances

Investigating any allegations of misuse of controlled substances

Nursing homes and assisted living facilities should also take steps to prevent negligence and abuse, such as:

Adequately staffing their facilities

Providing staff with training on how to care for patients

Supervising staff closely

Investigating any allegations of negligence or abuse

By taking these steps, nursing homes and assisted living facilities can help to protect their residents and avoid future lawsuits.

References:

• United States Department of Justice: Passavant Memorial Homes to Pay $1.85 Million to Resolve Allegations of Improperly Dispensing Controlled Substances without a Prescription: https://www.justice.gov/usao-edpa/pr/passavant-memorial-homes-pay-185-million-resolve-allegations-improperly-dispensing
• Woman sues group home after alleged assault: https://www.timesonline.com/
• Ritter et al v. Passavant Memorial Homes: https://www.law.com/radar-intro/
• Passavant Memorial Homes v. Laurel Highlands Found., Inc. (In re Laurel Highlands Found., Inc.), Doc. No. 47: https://www.law.com/radar/card/ritter-et-al-v-passavant-memorial-homes-46389095-1/

Sources

1. www.justice.gov/usao-edpa/pr/passavant-memorial-homes-pay-185-million-resolve-allegations-improperly-dispensing