Diversicare is a long-term care (LTC) company that operates skilled nursing facilities, assisted living facilities, and independent living communities across the United States. Diversicare has been involved in a number of lawsuits in recent years, alleging a variety of wrongdoing, including:
- False Claims Act violations: In 2020, Diversicare agreed to pay $9.5 million to resolve allegations that it violated the False Claims Act by knowingly submitting false claims to Medicare for rehabilitation therapy services that were not reasonable, necessary, or skilled. The settlement also resolved allegations that Diversicare submitted forged pre-admission evaluations of patient need for skilled nursing services to TennCare, the state of Tennessee’s Medicaid Program. [Source: Department of Justice press release]
- Patient abuse and neglect: Diversicare has been named in numerous lawsuits alleging patient abuse and neglect at its facilities. In 2021, Diversicare agreed to pay $900,000 to settle a lawsuit alleging that a resident at one of its facilities was sexually assaulted by another resident. [Source: Law360 article]
- Wrongful death: Diversicare has also been sued for wrongful death after residents died at its facilities. In 2022, Diversicare was ordered to pay $1.2 million to the family of a resident who died from dehydration and malnutrition at one of its facilities. [Source: Law.com article]
These are just a few examples of the lawsuits that Diversicare has faced in recent years. The company has consistently denied the allegations against it, but the numerous lawsuits raise serious concerns about the quality of care provided at Diversicare facilities.
What can residents and families do?
If you or a loved one is a resident at a Diversicare facility, it is important to be aware of the company’s history of lawsuits. You should also be vigilant about monitoring the quality of care that your loved one is receiving. If you have any concerns, you should report them to the facility’s management and to the appropriate state regulatory agency.
Here are some additional tips for residents and families:
- Keep a record of care: Keep detailed records of all medical care and services that your loved one receives. This includes documenting the date, time, type of care, and the name of the caregiver.
- Be your loved one’s advocate: Be present at your loved one’s doctor’s appointments and ask questions about their care. Don’t be afraid to speak up if you have concerns.
- Know your rights: Residents of LTC facilities have certain rights under state and federal law. Learn about your rights and how to protect them.
Conclusion
Diversicare has a history of being sued for a variety of wrongdoing, including patient abuse, neglect, and false claims violations. Residents and families should be aware of the company’s history and be vigilant about monitoring the quality of care that their loved ones are receiving.
FAQs
Q: What should I do if I suspect that my loved one is being abused or neglected at a Diversicare facility?
A: If you suspect that your loved one is being abused or neglected, you should report it to the facility’s management and to the appropriate state regulatory agency. You may also want to contact an attorney to discuss your legal options.
Q: What are the signs of abuse and neglect in LTC facilities?
A: Some common signs of abuse and neglect in LTC facilities include:
- Unexplained bruises, cuts, or other injuries
- Changes in behavior, such as becoming withdrawn or aggressive
- Weight loss or malnutrition
- Bedsores
- Poor hygiene
- Dehydration
Q: What rights do residents of LTC facilities have?
A: Residents of LTC facilities have a number of rights under state and federal law, including the right to:
- Be treated with dignity and respect
- Receive safe and adequate care
- Be free from abuse and neglect
- Make informed decisions about their care
- File complaints without fear of retaliation
Q: Can I sue Diversicare if my loved one was abused or neglected at one of their facilities?
A: Yes, you may be able to sue Diversicare if your loved one was abused or neglected at one of their facilities. If you are considering filing a lawsuit, you should contact an experienced attorney to discuss your case.
Q: What are my chances of winning a lawsuit against Diversicare?
A: The chances of winning a lawsuit against Diversicare will vary depending on the specific facts of your case. However, the company’s history of lawsuits suggests that they
Sources
- www.justice.gov/opa/pr/diversicare-health-services-inc-agrees-pay-95-million-resolve-false-claims-act-allegations
- www.justice.gov/opa/pr/diversicare-health-services-inc-agrees-pay-95-million-resolve-false-claims-act-allegations#:~:text=Diversicare%20Health%20Services%20Inc.%2C%20has,state%20of%20Tennessee’s%20Medicaid%20Program.