California operator Mariner Health Care Inc. was issued a preliminary injunction on Friday for 19 of its buildings, for allegedly violating federal and state laws over a five-year period.
Mariner was understaffing its facilities and subjecting patients to negligent care, according to allegations filed by Rob Bonta, state Attorney General and District Attorneys of Alameda, Los Angeles, Marin and Santa Cruz counties.
State entities also allege Mariner inflated its SNF ratings to the Centers for Medicare & Medicaid Services (CMS). Claims violate the state’s Unfair Competition Law and False Advertising Law, the state Department of Justice (DOJ) said in a statement.
Nineteen Mariner facilities were named in discharge allegations, while five were mentioned in relation to state staffing laws.
Deborah Pacyna, a Mariner spokesperson and former director of public affairs for the California Association of Health Facilities (CAHF), said in an email to Skilled Nursing News that the operator is reviewing the court’s ruling and considering an appeal of the injunction.
“Mariner Health Care remains committed to providing the best possible 24-hour care to ensure the ongoing safety and well-being of our residents,” Pacyna said in a statement.
The operator manages 20 properties in the state, according to its website.
Alameda County Superior Court on Jan. 6 issued the injunction, allowing oversight of five Mariner properties to ensure compliance with state staffing laws. The injunction also authorizes oversight for the 19 properties, ensuring compliance with federal and state discharge regulations.
The Division of Medi-Cal Fraud and Elder Abuse (DMFEA) and district attorneys for the above counties originally filed a civil complaint against the 19 facilities and Mariner on April 8, 2021. Mariner facilities must report compliance starting April 1, 2023, according to the injunction filing. Pending trial or further orders of the court, compliance monitors will be appointed at the facilities as well.
The preliminary injunction will put an independent monitor in place to safeguard patients, Bonta said in a statement.
The injunction will ensure residents at these facilities are given proper care in a safe environment, LA County District Attorney George Gascón added in a statement.
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