The effects of regulation and litigation on a large for-profit nursing home chain.
This article examines the effects of state regulation and civil class action litigation on corporate compliance with nurse staffing and quality standards, corporate strategies to manage staffing and quality, and corporate financial status of a large for-profit nursing home chain. A historical case study was used to examine multiple public data sources, focusing on facilities in California from 2003 to 2011 during and after regulatory actions and litigation. The results showed that the state issued numerous deficiencies for violations of the nurse staffing and quality standards with minimal impact on quality compliance with state law. A class action jury trial found that the chain violated the state's minimum staffing standard on one-third of the total days during a six-year period and awarded a $677 million verdict. A court settlement and supervised injunction resulted in compliance with minimum staffing and some improvement in quality measures, but quality levels remained below the average California facilities. The litigation also had some negative financial impact on Skilled Healthcare Group's California facilities and parent company. Civil litigation had more impact on the chain than the regulatory oversight.
University of California, San Francisco.
Charlene
C
Harrington
Kerr and Wagstaffe, LLP.
Julie
J
Stockton
University of California, Hastings.
Sarah
S
Hooper
D002140:California; D035082:Federal Government; D033161:Government Regulation; D006269:Health Facilities, Proprietary / Q000331:legislation & jurisprudence* / Q000458:organization & administration; D006801:Humans; D016365:Liability, Legal; D009735:Nursing Homes / Q000331:legislation & jurisprudence*; D017149:Private Sector; D011785:Quality Assurance, Health Care / Q000331:legislation & jurisprudence* / Q000592:standards; D013219:State Government; D000078329:Workforce