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Appeals court throws out attorney general's lawsuit against nursing home chain

Patriot-News - 3/26/2017

March 25--A lawsuit filed by the state Attorney General's Office against a nursing home chain for failure to provide basic services to patients has been dismissed by Commonwealth Court.

The suit, filed in July 2015 under then-AG Kathleen Kane's leadership, claimed Golden Gate National Senior Care LLC violated the state's unfair trade practices and consumer protection law through misleading marketing practices. It initially named 36 Golden Living locations in Pennsylvania but expanded to add 11 more. Facilities in the midstate included those in Camp Hill and Gettysburg, the Blue Ridge Mountain center in Dauphin and the West Shore, Lancaster and Reading facilities.

In February of this year, Golden Living sold the licenses to 10 of its Pennsylvania facilities.

Although Golden Living advertised it will keep residents clean, comfortable and will provide food and water at any time, the Attorney General's Office said in filing the suit, its facilities were understaffed, which led to residents lacking the care they were promised to meet basic needs.

The suit also claimed the chain lied in patient assessments and in its Medicaid billing.

The appeals court, however, called the advertising claims "puffery" rather than material representations and noted the state had other remedies to pursue the billing issues than in the courts.

The AG's Office can appeal.

Golden Living Suit by Hope Stephan on Scribd

The 18 most understaffed nursing homes in Pennsylvania

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