DOJ sues ProMedica over alleged ‘substandard’ nursing home care

TOLEDO, Ohio — The Department of Justice announced Tuesday it has filed a lawsuit against Toledo-based ProMedica and several of its affiliates, alleging that four nursing homes under its control provided “non-existent, grossly substandard” care to residents.

The complaint, filed in the U.S. District Court for the Eastern District of Pennsylvania under the False Claims Act, accuses ProMedica and its entities, including HCR ManorCare Inc., of violating the False Claims Act. Federal officials say the nursing homes failed to meet required standards of care under the Nursing Home Reform Act between 2017 and 2023.

The nursing homes named in the lawsuit are:

• ProMedica Skilled Nursing and Rehabilitation – Pottstown (Pennsylvania)
• ProMedica Skilled Nursing and Rehabilitation – Riverview (Ohio)
• ProMedica Skilled Nursing and Rehabilitation – Greenville East (South Carolina)
• ProMedica Skilled Nursing and Rehabilitation – Imperial (Virginia)

According to the Justice Department, the facilities failed to provide adequate wound care, maintain hygiene and assist residents with feeding, which in some cases led to severe weight loss. Prosecutors also allege that staff falsified medical records to make it appear residents had received care when they had not.

“Grossly substandard care places nursing home residents at serious risk of harm and this suit sends a clear message that we will pursue health care providers who fail to meet their legal obligations to provide required care and who betray the trust of the residents they are meant to serve,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division.

“Today’s complaint again serves notice to the nursing home industry that a failure to provide adequate nursing home care will not be tolerated,” said U.S. Attorney David Metcalf for the Eastern District of Pennsylvania. “Public funds expended for nursing home residents must result in appropriate care, which is what the government pays for, and the law requires.”

ProMedica spokesperson Tausha Moore provided the following statement Thursday night:

“We believe the intervening lawsuit filed by the United States Department of Justice (DOJ) against four skilled nursing facilities previously owned by HCR ManorCare is without merit, and we will vigorously defend against it. It stems from two underlying lawsuits filed against HCR ManorCare skilled nursing facilities back in 2016 and 2017 (pre-ProMedica ownership). 

As a nonprofit organization dedicated to improving health and well-being, ProMedica stepped up in 2018 to acquire the bankrupt HCR ManorCare, ensuring its more than 200 nursing homes and assisted living facilities could continue providing essential, high-quality care in the communities they served. In the following years, prior to divesting the facilities, we made substantial investments to further elevate the high-quality of care and maintained an impressive compliance record, even amid the unprecedented challenges posed by the COVID-19 pandemic.”