Posts Tagged ‘Healthcare Law’

Arguments are soon to be heard regarding a preliminary injunction in a case that may have profound effects on how nursing home care is delivered to the poor in Humboldt County and across the state.

To help deal with California’s budget crisis, this year’s California budget included a 10% reduction in Medi-Cal reimbursement rates for freestanding skilled nursing facilities and other healthcare providers (AB 97).  This 10% cut is scheduled to go into effect retroactively to June 1, 2011.  That cut was recently approved by the Obama administration.  The State has agreed that, on December 31, 2012, it will reimburse medical providers for the 10% that is held back, provided it has the money.

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News Release – For Immediate Release

June 21, 2011

Contact: Deborah Mathis, Communications Director – (202) 797-8600 or dmathis@publicjustice.net

Six California Lawyers Who Won Historic Verdict for Nursing Home Residents Are Finalists for Trial Lawyer of the Year Award

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Because of the success the Janssen Law Firm had in litigation against nursing homes, people often ask us what they should look for in determining whether to put their loved one in such a home.   Starting January 1, 2011, it will be easier to make that determination.

As of that date, all California nursing homes will be required to post the ratings for that facility under the MEDICARE 5-STAR RATING SYSTEM.  That system looks at three different criteria to determine home’s rating: (1) health inspections; (2) staffing numbers; and (3) quality measures.

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Journalist Matt Drange of the Eureka Times-Standard covered the Lavender v. Skilled Healthcare jury trial, writing in depth in a three part series the stories underlying the class action law suit against Skilled Healthcare.  Drange noted that it was the longest civil trial in Humboldt County history, and the $677 million verdict was the largest trial result in the United States in 2010.

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NEW RULES ON CORPORATE DISCLOSURE MAY SPELL THE END OF HIDE AND SEEK BY NURSING HOMES

In recent years thousands of nursing homes across the nation have been purchased by large Wall Street private equity companies.  Unfortunately, the pattern has been that, once purchased, the private investors cut expenses and staff often below the legal minimum requirements.

Further, those companies have set up Byzantine structures to attempt to insulate themselves from liability and break up their corporations into innumerable LLC’s so that no one can determine who actually is responsible.  In bringing such lawsuits for elder abuse against nursing homes here in Northern California, we have often had to spend a substantial amount of time simply figuring out who actually owns and controls the skilled nursing facility.

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Complying with HIPAA and Responding to a California Criminal Subpoena for Patient Medical Records

If you’re a healthcare provider in Humboldt County,  no doubt you are aware of the complex framework of state and federal laws designed to ensure the privacy of patient records.   On occasion, healthcare providers receive requests to produce documents or testify in criminal cases.   Generally, in California, there is no doctor-patient privilege in criminal proceedings.   However, the state and federal statutes that govern the privacy of patient records still control.   It’s a bit of a maze, and one that probably takes hiring counsel to navigate.

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On August 27, 2010, the Honorable Judge W. Bruce Watson denied Skilled Healthcare’s Motion for Mistrial Based on Alleged Juror Misconduct.   After reviewing the declarations submitted by the defendants and the counter declarations submitted by plaintiffs the Court ruled that there was no juror misconduct and that “Defendants did not meet their burden of establishing misconduct, although the three affidavits presented constitute a prime facie showing of misconduct, they are rebutted in all important aspects by the counter declarations.”   Contrary to claims by defendants, the counter declarations revealed that the juror in question did not make any false statements, did not fail to disclose any information, and did not know one of the plaintiffs or have prior knowledge of an event regarding one of the defendants.

The Court’s Order preserves the largest jury verdict in the United States this year and the largest recorded jury verdict in Humboldt County.

Read the court’s entire ruling here.

On July 6th, 2010 a Humboldt County jury returned a verdict in excess of $670 million dollars against Skilled Healthcare Group, Inc., Skilled Healthcare LLC and 22 subsidiaries located throughout California for violating the state minimum staffing requirements.  The plaintiff class was represented by members W. Timothy Needham, Michael Crowley, Amelia Burroughs and Patrick Griego of the Janssen Law Firm from Eureka, by Michael Thamer from Callahan,  and Chris Healey of the Luce Forward firm from San Diego.  This is the highest verdict ever achieved against a nursing home chain and one of the highest in the United States this decade.   In its verdict the jury found that defendants understaffing was done with malice.   The jury will return on July 15th to decide the amount of punitive damages the defendants should pay as a result of their misconduct.   The specific Skilled Healthcare facilities sued were Alexandria Care Center, LLC, Alta Care Center, LLC, Anaheim Terrace Care Center, LLC, Bay Crest Care Center, LLC, Brier Oak on Sunset, LLC, Carehouse Healthcare Center, LLC, Devonshire Care Center, LLC, Elmcrest Care Center, LLC, Eureka Healthcare and Rehabilitation Center, LLC, Granada Healthcare and Rehabilitation Center, LLC, Hancock Park Rehabilitation Center, LLC, Montebello Care Center, LLC, Royalwood Care Center, LLC, Pacific Healthcare and Rehabilitation Center, LLC, Seaview Healthcare and Rehabilitation Center, LLC, Sharon Care Center, LLC, St. Luke Healthcare and Rehabilitation Center, LLC, Sycamore Park Care Center, LLC, The Earlwood, LLC, Valley Healthcare Center, LLC, Villa Maria Healthcare Center, LLC, Willow Creek Healthcare Center, LLC.

Michael Morrison and Amelia Burroughs of this Eureka, Humboldt County firm recently concluded the successful defense of a medical malpractice jury trial in Yreka, Siskiyou County, California.  The trial, presided over by the Honorable Karen Dixon, was very well run.  The court staff was quite helpful, and the jurors very attentive. The trial was a pleasant experience and demonstrated the civil jury experience at its best.
The Janssen Law Firm represents clients in litigation in all Northern California counties and Federal Courts.

Among the many important functions of the Humboldt-Del Norte County Medical Society is ongoing educational programs for health care professionals of Humboldt and Del Norte counties.  The next in the series of Risk Management Seminars will take place on October 1, 2009, and the subject matter will be “Anatomy of a Lawsuit.”  Presenters will include Risk Management and Claims professionals from Norcal Mutual Insurance Company and attorney Michael Morrison of the Janssen Law Firm in Eureka, CA.

As lessons will be drawn from actual, closed medical malpractice cases, health care professionals will have the opportunity to learn the “easy way” from the “hard lessons” of others.   Mr. Morrison’s extensive experience in representing physicians and allied health professionals in Humboldt County, Del Norte County and adjoining counties will assure local and practical advice during the presentation.  Mr. Morrison will also be available to answer questions from the attendees.

For more information please contact the Janssen Law Firm or Ms.  Penny Figas, Executive Director of the Humboldt-Del Norte County Medical Society.