SEIU Release: Advocates Cite Widespread Violations Of State Law, File Largest Ever Staffing-Related Lawsuit Against California Nursing Home Operator

ORANGE COUNTY, Calif., Oct. 14 /PRNewswire/ -- In the largest staffing-related lawsuit ever filed against a California nursing home operator, advocacy groups allege rampant understaffing and violations of state staffing law at 13 nursing homes owned by the Ensign Group. The action, filed today in Orange County Superior Court by the California Alliance for Retired Americans (CARA) and Service Employees International Union (SEIU) Local 250, charges Ensign with consistently failing to meet minimum staffing levels set by state law for resident safety at half of their California facilities in 2003.

“Without enough staff, nursing home residents are at risk,” said Nan Brasmer, president, CARA. “We can’t afford to let the state’s fastest-growing nursing home operator jeopardize the health of California seniors. We hope this lawsuit convinces Ensign to improve staffing and care.”

Research has consistently documented the link between adequate staffing levels and the quality of care. Insufficient staffing can result in increased bed sores, unplanned weight loss and unnecessary use of physical restraints on residents.

The suit alleges that half of Ensign’s facilities in the state -- 13 -- violated California Health and Safety Code (H&SC) Sec. 1276.5 during some or all of 2003. The law requires nursing homes to provide each resident with a minimum of 3.2 skilled nursing hours per day. State records for 2003 reveal Ensign facilities were operating from as low as 2.82 hours per resident per day.

The Ensign Group made more than $10 million in combined profits and “home office costs” in 2002 -- four times the average for California nursing homes. Ensign is saving $1 million a year by staffing below the state-mandated minimum level of care at the 13 facilities covered by the lawsuit

The lawsuit seeks injunctions requiring the Ensign facilities to increase staffing levels, restitution for residents and fines for Ensign’s illegal activities.

The Ensign Group, Inc. is California’s fifth-largest and fastest-growing nursing home chain, operating 26 nursing homes throughout the state. The following Ensign facilities failed to meet minimum state-mandated safe staffing levels in 2003, and are named in the suit:

Northern California Cloverdale Healthcare Center, Cloverdale Ukiah Convalescent Hospital, Ukiah Northbrook Nursing & Rehab Center, Willits Southern California Victoria Healthcare Center, Costa Mesa Brookfield Healthcare Center, Downey Arbor Glen Care Center (formerly Glendora Care & Living Center), Glendora Sea Cliff Healthcare Center, Huntington Beach Atlantic Memorial Healthcare Center, Long Beach Shoreline Healthcare Center, Long Beach Panorama Gardens, Panorama City Claremont Care Center, Pomona Arroyo Vista Nursing Center, San Diego Whittier Hills Healthcare Center, Whittier

For a copy of the suit, please contact Jennifer Kelly at 213-368-7408 or visit http://www.ensignwatch.com/.

The California Alliance for Retired Americans (CARA) is a statewide nonprofit education and advocacy organization dedicated to improving the life of seniors

and their families. Through its educational program and legislative action,

CARA has emerged as a major progressive force for California’s seniors.

The Service Employees International Union (SEIU) is the nation’s largest union

for long-term caregivers. SEIU Local 250 represents 100,000 health care,

nursing home and other long-term caregivers in California. Overall, SEIU has

1.7 million members in health care, public services and building services

nationwide.

SEIU

CONTACT: Jennifer Kelly of SEIU, +1-213-368-7408, or cell,+1-213-300-3336