Showing posts with label lawsuit filed. Show all posts
Showing posts with label lawsuit filed. Show all posts

Sunday, August 2, 2026

AG Nessel Files Lawsuit Against Nursing Home Operator for Violating Medicaid False Claim Act, Failure of Care of Residents

LANSING – Today, Michigan Attorney General Dana Nessel announced a civil cause of action (PDF) filed against Fahim Uddin, Pioneer Health Care Management doing business as Legacy Healthcare Management, and nine nursing home facilities located throughout southeast Michigan for violations of the Michigan Medicaid False Claim Act. The complaint alleges Uddin and his companies accepted more than $111 million in Medicaid reimbursement while failing to maintain staffing levels necessary to provide the services for which they billed. The Attorney General contends that this intentional failure of care placed hundreds of nursing home patients at risk of harm while Uddin operated related companies to enrich himself.

“While our case is focused on staffing data, there is a real human cost to the defendants' choices and their failure of care,” said Attorney General Nessel. “The consequences of chronic understaffing placed vulnerable residents at unnecessary risk of harm, violated their rights, and resulted in numerous injuries. I would like to thank the U.S. Department of Health and Human Services, Office of Inspector General for their valuable assistance in this matter. My office remains committed to doing all we can to hold long-term care facilities accountable to ensure residents receive the high-quality care they deserve.”

"The complaint highlights two critical barriers to ensuring quality of care and life for nursing home residents: understaffing and related party transactions,” said Alison Hirschel, director of the Michigan Elder Justice Initiative. “We’re grateful to the Attorney General for seeking to hold nursing homes accountable.”

The civil complaint follows a 2-year investigation that began in October 2024 into chronic, severe understaffing at nine Michigan facilities owned and operated by Uddin:

  • Ashley Healthcare Center and Riverside Healthcare Center in Gratiot County;
  • Heritage Manor Nursing & Rehab Center, Northville Manor, and Pine Creek Manor Skilled Nursing & Rehab Center in Wayne County;
  • Lakeside Manor Nursing & Rehabilitation Center and Regency Manor Nursing & Rehabilitation Center in Macomb County; and
  • Oakland Manor and Oakridge Manor Nursing & Rehab Center in Oakland County.

Under the Michigan Medicaid False Claim Act, failure of care occurs when a nursing home, or nursing home owner and operator, knowingly provides care which is so substandard that it fails to meet the minimally required standards for Medicaid reimbursement, despite submitting claims that indicate otherwise. Attorney General Nessel alleges in the complaint that across the nine facilities, licensed for 508 beds and housing an average of 394 residents, the defendants failed to meet their minimal staffing requirements based on the acuity needs of their residents approximately 96% of the time.

Michigan law requires per-shift minimum ratios to ensure care and services are not concentrated in a single period. It is alleged that the defendants failed to meet these shift ratios on at least 496 instances. Michigan law also requires a nursing home to provide staff sufficient to provide not less than 2.25 hours of nursing care per resident, per day. It is further alleged that the defendants operated below the per resident, per day threshold on 1,454 occasions – higher than any other nursing home chain with four or more facilities in Michigan during this period. On at least 4,658 occasions, the defendants also allegedly failed to staff a registered nurse for at least eight consecutive hours a day, seven days a week, as required by federal law.

Between 2020 and 2025, the defendants billed Medicaid a total of $111,216,862. The Attorney General contends the defendants submitted claims for services that were not provided in accordance with Medicaid requirements and is seeking the full amount received by the defendants as a result of their alleged wrongful conduct – plus triple that amount, as well as a penalty of $5,000-$10,000 for each violation.

This matter is being handled by the Department of Attorney General’s Health Care Fraud Division (HCFD), with the assistance of the U.S. Department of Health and Human Services Office of Inspector General. The HCFD is the federally certified Medicaid Fraud Control Unit for Michigan, and it receives 75% of its funding from the U.S. Department of Health and Human Services under a grant award totaling $5,517,524.00 for the fiscal year 2026. The remaining 25% percent, totaling $1,839,170.00, is funded by the State of Michigan. 

Source:
AG Nessel Files Lawsuit Against Nursing Home Operator for Violating Medicaid False Claim Act, Failure of Care of Residents

Friday, February 21, 2025

Lawsuit Filed By 17 States Threatens Disability Protections, Advocates Say

by Michelle Diament

Disability advocates are sounding the alarm about a lawsuit filed by 17 states questioning the constitutionality of Section 504 of the Rehabilitation Act. (Thinkstock)

Over a dozen states are seeking to invalidate one of the nation’s key disability rights laws, advocates are warning, jeopardizing access to health care, education and more.

A lawsuit brought by Texas and 16 other states is calling for an end to Section 504 of the Rehabilitation Act. The 1973 law bars discrimination on the basis of disability at any entity that receives federal funds.

The suit known as Texas v. Becerra was filed in response to an update to Section 504 regulations that was finalized by the Biden administration last year. With the litigation, the states are looking to ensure that gender dysphoria does not qualify as a disability under the rule. However, in challenging the regulations, the states’ lawsuit asks the court to “declare Section 504, 29 U.S.C. § 794, unconstitutional” in its entirety.

“If this happens, it would be a disaster for disabled people and everything from education to employment would be negatively impacted,” said Maria Town, president and CEO of the American Association of People with Disabilities.

Section 504 has a broad reach, extending to health care, public education, housing, transportation and much more, advocates say. While many students with disabilities are covered by the Individuals with Disabilities Education Act, federal figures show that 3% of students are served under Section 504 alone.

The latest 504 regulations clarified that medical providers cannot make treatment decisions based on disability biases, expanded the availability of accessible medical diagnostic equipment and set expectations for accessibility on providers’ websites and mobile applications, among other changes.

If the court were to determine that Section 504 is unconstitutional, disability advocates are concerned that the basis of such a decision could also undermine other laws, including the Americans with Disabilities Act.

“If the judge were to adopt it, and actually declare the statute unconstitutional, it could portend that other anti-discrimination statutes based on race and sex and ethnicity are also unconstitutional for the same reason,” Steven Schwartz, senior counsel at the Center for Public Representation, said during a recent webinar. “And because there’s provisions in the regulations that tie together, that link 504 and the ADA, and prohibitions on race and sex discrimination, it links them all in how they’re enforced. Striking down the rule might imperil the ADA as well.”

Schwartz described that scenario as “simply frightening.”

Now, disability advocates across the nation are calling for states to back out of the litigation. And, facing significant pressure, the attorneys general are attempting to distance themselves from the suit’s request to overturn Section 504.

“Plaintiffs clarify that they have never moved — and do not plan to move — the court to declare or enjoin Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, as unconstitutional on its face,” reads a joint status report the states filed with the U.S. District Court for the Northern District of Texas on Wednesday.

The attorneys general indicated in the filing that they are continuing to evaluate their position in light of a recent executive order President Donald Trump issued on gender ideology. But, a statement from South Carolina Attorney General Alan Wilson’s office said that the filing is “a big step towards this lawsuit winding down and going away entirely.”

However, the latest filing is not easing concerns from advocates.

“Despite representations from several attorneys general that the lawsuit would be dropped, they’d withdraw from the lawsuit or they’d withdraw the constitutional challenge to Section 504, none of that occurred. They did not file an amended complaint, so the claims and scope of the case remain unchanged,” said Alison Barkoff, a professor at George Washington University who led the U.S. Department of Health and Human Services’ Administration on Community Living under the Biden administration.

Rather, Barkoff said that the filing actually doubles down on the states’ constitutional claim.

“As an example, they claim the rule’s requirement to provide services in the ‘most integrated setting’ consistent with the Supreme Court’s decision in Olmstead v. L.C. is unconstitutional,” Barkoff said. “If a court were to agree with them, not only would it undermine 25 years of progress through Olmstead enforcement but it would also mean that Section 504 would not apply to entities that receive federal health care, education, housing or transportation funding.”

In addition to Texas and South Carolina, the other states involved in the lawsuit are Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Dakota, Utah and West Virginia.

The case is currently paused, with another update expected in a month.

(Updated: February 20, 2025 at 11:20 p.m. ET)

Full Article & Source:
Lawsuit Filed By 17 States Threatens Disability Protections, Advocates Say

Thursday, August 13, 2020

Son shares grave warning, alleges negligence, abuse at Greenville senior living facility

by Madeleine Hackett

Click to Watch Video
GREENVILLE, S.C. — A lawsuit filed last month alleges negligence and abuse inside Rolling Green Village, a memory care assisted living facility located on Hoke Smith Boulevard in Greenville.

According to the lawsuit, Doris Robson, a memory care patient, suffered numerous suspicious injuries which were caused by abuse and/or neglect from Rolling Green Village. The lawsuit states that those injuries include rib fractures, collapsed lung, dehydration, weight loss, humiliation and loss of dignity.

Madeleine Hackett
doris robson in hospital with punctured lung
Doris Robson’s son tells WYFF News 4 that it was a black eye that ultimately spurred him to place a camera inside his mom’s room.

“When I saw her black eye, which was a perfect shiner… a perfect circular shiner around her eye... it looked like someone had took a boxing glove and punched her straight in the eye, and that’s when I said ‘OK, enough.’”

When Robson asked staff about the injuries, he said managers at the facility evaded his questions.

“When I started questioning the staff about it, it was more of a ‘Well, we don’t know what happened, this could have happened at night…’” Robson said.

So Robson purchased a Nest camera from a local store and placed it inside his mother’s room.

“I placed it in there, I didn’t tell anybody about it in there. I didn’t hide it. I didn’t announce it, but I didn’t hide it…” Robson said. “If you saw it, it would be in plain view, it was atop her bookshelf.”
According to the lawsuit:

“When Iain Robson obtained the video, he found evidence of multiple staff members handling Doris Robson very roughly and abusing/neglecting her in her room. As a result, Iain Robson contacted the administration again at the Defendants’ facility and notified them and the police department was also notified whereupon the police arrested and charged two of the Defendants’ employees in connection with their actions and neglect of Doris Robson. On May 21, 2019, the nurse practitioner assessed and evaluated Doris Robson in part due to the neglect and abuse reported by Iain Robson and noted that there were multiple areas of discoloration about her body including, but not limited to, bruises and skin tears to her mid-back, discoloration to her left hip which extended to the knee, bruising and discoloration to her right hip, right forearm, and left foot.”

Rolling Green Village issued this statement to WYFF 4:

“The safety and security of our Rolling Green Village family is paramount, and we’re devastated this happened to one of our residents. In no way should this reflect the character of the professionals at our community, or the quality of the services we’ve provided over the course of the last 30 years.

“It’s our standard policy to conduct thorough background checks on all employees prior to hiring them. We found nothing criminal in their past. The employees charged in this investigation have been terminated.

“We followed all of the proper legal and law enforcement procedures in this case. Our team appropriately notified the Department of Health and the Sheriff’s Department within the time limits required by the regulations.

“While the investigation is still underway, we will refrain from any additional comment at this time.”

To read the full lawsuit, you can visit: https://www2.greenvillecounty.org/SCJD/PublicIndex/PIImageDisplay.aspx?ctagency=23002&doctype=D&docid=1594924754432-189&HKey=801051079910779558512150111437056121119112989880114103778189838453975211978834773116741018611212087103&AspxAutoDetectCookieSupport=1

Full Article & Source:
Son shares grave warning, alleges negligence, abuse at Greenville senior living facility