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Neglect at Brius-operated nursing home lands resident in ER

On the night of April 10, 2015, paramedics were called to Brius-operated Windsor Healthcare Center of Oakland to rush a paralyzed resident to an emergency room, according to this report filed by inspectors with the federal Centers for Medicare and Medicaid Services (CMS).

During a visit with his family members, the nursing home resident was shaking and complaining of chest pains. His father alerted the nursing staff and asked if they knew anything that would explain this sudden change in his son’s condition. A member of the nursing staff found his blood pressure to be much lower than normal and the man complaining of chest pains. Nursing home staff contacted his physician who instructed them to call paramedics to take the resident to an emergency room.

Emergency room staff noted that the man arrived “soaked with fecal material extending from his lower back to his knees.” After reviewing ER records, emergency room staff determined this was the same man they discharged from the hospital just five days prior and who was now returning with low blood pressure, altered mental status, shivering, chills, and what appeared to be septic shock. His deteriorated condition forced the hospital staff to admit him into the intensive care unit.

According to the CMS inspection report, the nursing home resident had open bed sores on his mid to lower back and buttocks that showed a loss of skin, revealing muscle and bone. Some of his open wounds were covered in feces, and another was draining pus. Even some of his dressed wounds were soiled with feces, indicating that they had not been changed in some time.

This nursing home had been managed by Brius since August 1, 2014, and was doing business as Brookdale Healthcare and Wellness Centre, LP, according to this CDPH document.

This and other instances of deficient care at Brius facilities prompted California’s Department of Public Health, in July 2016, to deny Brius’ application to operate five more nursing homes in the state based on the company’s repeated failures to comply with established rules and standards governing California’s skilled nursing home industry.

“Is Your Loved One Safe in a Brius Nursing Home?”

In just one week alone, the below video about Brius, California’s largest nursing home company, has more than 100,000 views on Facebook. Throughout the state, Californians from Eureka to San Diego are waking up to this corporation’s alarming track record.

Video excerpt: “Long-term care experts say Brius demonstrates a flagrant disregard for human life.”

This video presents information about Brius, a company that has been investigated by various government agencies (such as the California Department of Public Health and the California Attorney General’s office) and denounced by consumer organizations (such as California Advocates for Nursing Home Reform).

Click here to share this Brius video on Facebook and here to share it on YouTube.

Brius shutting down 3 of its 5 nursing homes in Humboldt County

Five years after acquiring nearly all of Humboldt County’s nursing homes, Brius is threatening to shutter more than half of them, according to the Eureka Times Standard.

Brius’ Rockport Healthcare Services – the administrative service company that manages the nursing homes – alerted the California Department of Public Health (CDPH) of its intention to close Eureka Rehabilitation and Wellness Center, Pacific Rehabilitation and Wellness Center, and Seaview Rehabilitation and Wellness Center

Before any closure can take place the CDPH has to review Brius’ paperwork and approve whatever plans the corporation has submitted for moving each individual patient.

According to state records, Brius operates 449 nursing home beds in the county. The proposed closure of three of these nursing homes could mean the loss of 258 nursing beds, and the displacement of dozens of nursing home residents.

Brius took control of the nursing homes in April of 2011, after Skilled Healthcare Group, Inc., the corporation that formerly ran them, was hit with a $640 million judgment for understaffing its nursing homes over the course of six years (the lawsuit was eventually settled for a lesser amount). In a statement Brius CEO Shlomo Rechitz, wrote “[Brius] is looking forward to working together with the medical community in Humboldt County to deliver the excellent patient care Brius is known for. We’re honored to have the opportunity to make a difference.” And Brad Gibson, whom Brius tasked with managing its Humboldt County nursing homes, told the Eureka Times Standard that “[Skilled Healthcare] just weren’t part of the community anymore, and it was time for them to go.” He went on to claim that with Brius in control of the nursing homes “you’ll see that [nursing] turnover slow down.”

Unfortunately, staffing at these nursing homes has continued to be an issue. Brius alleges unsatisfactory MediCal reimbursement rates and wage competition as factoring into low staffing and financial losses at these nursing homes. Together these two factors have pushed Brius to petition for the closures of these nursing homes with the CDPH.

Brius nursing home secretly discharged resident during government inspection

Did a Brius nursing home discharge a severely physically disabled nursing home resident clandestinely in order to avoid government scrutiny?

A November 2014 deficiency report issued by the Centers for Medicare and Medicaid Services shows a Brius nursing home discharging a disabled resident secretly and without notifying a physician.
Government regulator’s report shows a Brius nursing home discharging a disabled resident secretly and without notifying a physician.

Here are the details as reported by the Centers for Medicare and Medicaid (CMS).

On April 12, 2014, a woman was admitted to a San Diego acute care facility after she was found in her home unable to care for herself. Three days later, she was transferred to Brius’ Clairemont Healthcare and Wellness Centre.

According to the facility’s assessment of the resident, she was unable to walk or move about, and was dependent on staff for nearly all of her needs due to physical limitations affecting both of her arms and legs. The woman also had several medical illnesses and complications — diabetes, high cholesterol, nerve pain, muscle spasms, etc. — requiring regular and consistent monitoring and medications as part of her care.

On the morning of September 9, a team of government inspectors entered the nursing home to conduct a comprehensive review of the facility. While the inspection team was surveying the nursing home its administrator, for reasons not made clear in the report, ordered staff to discharge and remove the woman from the nursing home, seemingly in haste. A staff member, uneasy with the orders, approached a nursing home social worker about her misgivings. The social worker told the staff member that “a cab was coming for Resident A and that the cab would pull around to the back of the facility and that they would sneak Resident A and her belonging[s] into it.“

The woman was wheeled to the rear of the nursing home — a move one staffer described as “unusual” — removed from her wheelchair, and placed into a cab that was waiting to take her to her trailer home. The nursing home released her without notifying a physician. She did not have the means to care for herself and had a urinary catheter still in place.

Three nursing home staff members, who were following behind the cab in a private car, expressed to each other their discomfort with the situation. They knew what they were doing was not right. Their concerns grew when they saw the state of the woman’s trailer. The trailer was filthy; one staff member struggled to keep from vomiting. Despite their misgivings, they laid her on the bed and departed, leaving her unattended — without a phone, without medication, and without food.

Just a few hours later, in response to a neighbor’s phone call, police officers arrived at the trailer to find the woman still in her bed and in need of immediate medical attention. The officers took her to an emergency room where medical staff found that the nursing home had failed to remove the woman’s catheter. The catheter bag was full, its tubing was clogged, and the woman smelled strongly of urine and feces. She also had two severe pressure ulcers on her foot.

One month later, responding to a complaint about this incident, CMS issued the nursing home a “Level 4 Immediate Jeopardy,” the agency’s most severe deficiency.

This and other instances of deficient care at Brius facilities prompted California’s Department of Public Health, in July 2016, to deny Brius’ application to operate five more nursing homes in the state based on the company’s repeated failures to comply with established rules and standards governing California’s skilled nursing home industry.

State agency cites 386 violations in decision to deny Brius more nursing homes

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California Department of Public Health’s severity and scope matrix for long-term care facilities.

In July of 2016, the state of California blocked Brius’ CEO, Shlomo Rechnitz, from acquiring the operating licenses to five nursing homes due to the company’s poor track record.

As part of its review process, the California Department of Public Health (CDPH) assessed Brius’ compliance history over the past three years (June 22, 2013 – June 22, 2016) and found 386 serious violations of federal and state law during that time.

The Health Department’s examination  revealed 265 federal regulatory violations that had a severity and scope of “Level 2, F” or worse; 108 citations for state licensing violations; and 13 penalties for failing to comply with minimum nurse staffing requirements. The CDPH cited this as support for its recent decision to turn down Rechnitz’ applications to operate more nursing homes.

According to the CDPH, the scope and severity of a federal deficiency is based on how flagrant the violation was, and how widespread the problem was in terms of the affected residents. Here, for example, a “Level 1, A”, the least severe deficiency, would indicate no actual harm with potential for minimal harm for an isolated few nursing home residents, while a “Level 4, L”, the most severe violation, would indicate immediate jeopardy is widespread for nursing home residents. Below is the CDPH’s tally of Brius’ 256 deficiencies over the past three years followed by links to its denial letters.

Deficiency Level

Scope & Severity Level Description

Number of Deficiencies

Level 2, F No actual harm with potential for more than minimal harm that is not immediate but is widespread.

172

Level 3, G

Actual harm that is not immediate jeopardy and is isolated.

45

Level 3, H Scope is pattern present, severity level of actual harm that is not immediate jeopardy.

9

Level 4, J Immediate jeopardy to resident health or safety and is isolated.

11

Level 4, K Immediate jeopardy to resident health or safety that is a pattern.

16

Level 4, L Immediate jeopardy to resident health and safety and is widespread.

12

 

According to the CDPH, the most severe citation the Department can issue is a class “AA.” Just below this are class “A,” and “B” citations. Below is a  count of Health Department  citations at Brius facilities from June 22, 2013 to June 22, 2016.

Citation Level

Citation Level Description

Number of Citations

AA

A direct proximate cause of death of a patient of a long-term health care facility.

1

A Imminent danger of death of serious harm to patients, or a substantial probability of death or serious physical harm to patients.

37

B Has a direct or immediate relationship to patient health, safety, or security. Can include emotional and financial elements.

70

 

Lastly, the denial letter also points out that Brius was hit with 13 penalties for failure to comply with the required minimum nurse staffing requirements  (3.2 Nursing Hours Per Patient Day) in facilities it owned, managed, or operated, either directly or indirectly.

 

The Department of Public Health denies Shlomo Rechnitz’ application to run five nursing homes

On July 8, 2016, the California Department of Public Health (CDPH) sent five separate letters to Brius owner, Shlomo Rechnitz, announcing its decision to reject his application to operate five different nursing homes (see below). The CDPH cited Rechnitz’ inability to comply with the rules and regulations governing the skilled nursing industry in California.

This marks the sixth time that Rechnitz has been denied an application by the CDPH. Back in September 2014, his application to operate Riverside Point Healthcare & Wellness Centre (Chico, CA) was denied for similar reasons: a lack of evidence of his ability to comply with the rules and regulations within the state’s skilled nursing industry as set forth by the CDPH.

Since 2006, Rechnitz and/or his Brius corporation have acquired as many as 81 nursing homes across California. His rapid ascension to become the largest owner of nursing homes in California has revealed troubling accounts of his facilities becoming the target of criminal investigations (local, state, and federal), lawsuits, and stiff regulatory fines. Speaking with CBS in Los Angeles Pat McGinnis, Executive Director of California Advocates for Nursing Home Reform, said that “under [Brius], we’ve had more closures and more decertifications in such a short period of time than any time that I can think of in the last 30 years.”

It seems like the CDPH will continue to deny applications from Rechnitz until he can provide evidence he can operate nursing homes under established standards of care.

Brius caregivers protest company’s profit-driven care, launch BriusWatch.org

Caregivers in Marin County, Calif., picketed a Brius-owned nursing home August 1 and announced the launch of BriusWatch.org, a watchdog website that tracks the alarming record of California’s largest and most notorious nursing home operator. 

“Brius, which is owned by Los Angeles entrepreneur Shlomo Rechnitz, has acquired 81 nursing homes in California since 2006, accounting for one in every 14 nursing home beds in the state,” wrote the Marin Independent Journal in its coverage of the event. 

The healthcare workers, who provide care for elderly and disabled residents at San Rafael Healthcare and Wellness Center and Novato Healthcare Center, picketed the San Rafael facility to protest what the Los Angeles Long-Term Care Ombudsman calls Brius’ “flagrant disregard for human life”:

  • profit-driven systemic understaffing of its nursing homes
  • reduction in its residents’ basic necessities like food, clean linens, and daily hygiene
  • a statewide track record of patient-care violations — triple the average for California nursing homes
  • lawsuits alleging neglect, elder abuse, wrongful deaths due to “maximizing profits … by underfunding, understaffing, and undertraining the staff” 
  • resident suicides — an unsupervised patient checked herself out of a Brius facility and lit herself on fire at a nearby gas station
  • state and federal investigations into Brius facilities, including an FBI raid and an emergency motion by the California Attorney General to block Brius from acquiring nineteen more nursing homes

 brius-nursing-homes-shlomo-rechnitz-san-rafael-novato-picktet-01-WEBThe caregivers plan to picket the facility every other week for the foreseeable future. 

Most caregivers at the two Marin County nursing homes report that understaffing and a reduction in hours limits their ability to fulfill their responsibilities to residents and provide quality care. 

“Residents often do not get ambulated or even receive basic hygiene because there’s just not enough staff to take care of them,” said Maria Martinez, a Certified Nursing Assistant at San Rafael. 

Caregivers also report that understaffing, overwork, and low wages — many caregivers do not even earn a living wage and most haven’t had a raise in four years — cause experienced caregivers to leave for better jobs. 

“Our residents’ health and well-being depends on familiar relationships with reliable staff who know their needs and daily routines,” said Sukawadee Journette, a Certified Nursing Assistant at Novato. 

“We’re trying to fight to increase the quality of care for our residents and also to make a living,” Maria Martinez, a certified nursing assistant at San Rafael Healthcare and Wellness Center, told the Marin Independent Journal. “It’s been almost four years now that we’ve had no raise or contract.”

From the Marin Independent Journal:

In June 2015, the Sacramento Bee reported that between October 2014 and January 2015, three of Brius’ facilities were decertified by the federal government, preventing them from receiving Medicare and Medi-Cal funding. The federal Centers for Medicare and Medicaid Services have decertified only three other California nursing homes since 2010.

Brius, which is owned by Los Angeles entrepreneur Shlomo Rechnitz, has acquired 81 nursing homes in California since 2006, accounting for one in every 14 nursing home beds in the state.

In the Bee story, Rechnitz said his business model is to acquire failing nursing homes and turn them around. The Bee reported that the nursing homes that Rechnitz owned in 2013 made a profit of $62 million — five times what the same homes earned in 2006.

Medicare gives San Rafael Healthcare a below average overall rating, two out of a possible five stars, while it gives Novato Healthcare Center an average overall rating, three out of five stars.

Is Your Loved One Safe in a Brius Nursing Home?

BriusWatch.org and its accompanying social media (https://www.facebook.com/briuswatch and https://twitter.com/briuswatch) document the alarming record of California’s largest nursing home corporation.

Brius has racked up nearly three times as many serious patient-care violations as the average California nursing home and has been hit with multiple lawsuits alleging neglect, wrongful death, and more.

The Los Angeles Long-Term Care Ombudsman says Brius demonstrates “flagrant disregard for human life.

The California Attorney General called Brius “a serial violator of rules within the skilled nursing industry” while filing an emergency motion to block the corporation’s purchase of 19 more nursing homes.

Brius residents and their families allege in a class action lawsuit that Brius chronically understaffs and underfunds its facilities and “divert[s] resources to create ill-begotten profits.”

Meanwhile, Brius and its multi-millionaire owner, Shlomo Rechnitz, are bringing in huge profits — much of it from taxpayers. The corporation brings in half a billion dollars a year in Medicare and Medi-Cal reimbursements.

BriusWatch.org is dedicated to holding Brius and Shlomo Rechnitz, accountable to nursing home residents, their families, and the community. Stay tuned for more information, or join us on Facebook: Facebook.com/BriusWatch.