Roseville Point Health & Wellness Center Sued; Understaffing & Underfunding
Roseville, Calif. – Garcia & Artigliere and The Arns Law Firm filed a class action lawsuit against Roseville Point Health & Wellness Center, LLC, its management companies and principal owner Shlomo Rechnitz for Violations of the Consumer Legal Remedies Act and Violations of Resident Rights. It’s alleged that the defendants conceived and implemented a plan to understaff the facility in violation of applicable regulations and the express promise of the admission agreements signed on behalf of each facility resident promising that the facility would adhere to the State of California’s Residents’ Bill of Rights. The Complaint alleges that this violation of each resident’s rights was directed and implemented at the mandate of the managers and owners of the facility, Rockport Administrative Services and Shlomo Rechnitz, and his multiple layers of affiliated companies. The Complaint seeks to force the defendants to ensure the sufficiency of staff in their facilities by way of an injunction so as to put an end to chronic and intentional understaffing of California skilled nursing facilities in furtherance of a search of unearned profit.
“The elderly and infirm are one of the most important and yet vulnerable segments of our society,” said Attorney Stephen Garcia. “To knowingly understaff a facility in violation of promised resident rights so as to unlawfully maximize profit, victimizes our important resource of elders and needs to end. This lawsuit is an effort on behalf of these frail and vulnerable elders to ensure that their needs are met and services for which operators are paid incredibly large sums, mostly by us through our Government, are actually provided. Diane Bechtold and the other class members were unknowledgeable and unsophisticated in the operation of skilled nursing facilities in California and relied on the facility to provide services as outlined in the Admission Agreement, and which they paid good money to receive. Notably, in a declaration submitted in prior Court proceedings by representatives of the State of California, at least some of these defendants were noted to have a long history of being serial violators of skilled nursing industry laws. Our efforts here reflect our ongoing commitment to putting a stop to serial violations of skilled nursing industry laws which are so important to protect our elder and infirm adults in this great state.”
Allegations and Background
Defendants Shlomo Rechnitz; Rechnitz Core GP; Rockport Administrative Services, LLC; SOL Healthcare, LLC are the owners, managers, parent company and/or management company, and actively controlled Roseville Point Health & Wellness Center.
The Complaint alleges that during and after the admissions process for each class member at Roseville Point Health & Wellness Center, that the defendants’ concealed the fact that the facility was not adequately staffed to meet the needs of its residents in violation of the Patients’ Bill of Rights referencing 22 Code of Regulations §72527(a)(25) and Health & Safety Code §1599.l(a), most specifically the right to live in a facility that employs “an adequate number of qualified personnel to carry out all of the functions of the facility.”
The Complaint alleges that the defendants actively concealed this knowledge from their elderly and infirm residents, and their representatives, thereby convincing them to agree to be admitted to the facility based on false and misleading representations as to the compliance of the facility with applicable regulations and based upon a misrepresentation as to the character of the quality of care to be provided to residents. In doing so, the facility violated the rights afforded to all residents of skilled nursing facilities. It is alleged that Shlomo Rechnitz knowingly directed operations of the facility, and each of the over 60 skilled nursing facilities he effectively controls in the State of California.