On December 21, 2016, Maryland’s Attorney General announced that his office has filed a complaint in the Circuit Court for Montgomery County against Neiswanger Management Services, LLC (“NMS”), the operator of five Maryland nursing homes, for unsafely and unlawfully evicting frail and disabled people from its facilities, and for submitting false claims to the Maryland Medicaid program.
NMS operates nursing homes in Anne Arundel County, Montgomery County, Prince George’s County, and Washington County, Maryland.
The Maryland Attorney General’s complaint alleges that NMS dumps evicted Maryland nursing home residents in homeless shelters and trafficked others to unlicensed, sham assisted living facilities, which have no capacity to provide care to people with complex medical needs, and which sustain themselves by extracting social security payments and other public benefits from vulnerable people.
The Maryland Attorney General’s complaint further alleges that NMS often dumps its evicted residents far from their home communities, in places where they know no one, and that evicted NMS residents frequently appear in hospital emergency rooms within days or weeks of their eviction.
The Maryland Attorney General alleges that NMS violated the Maryland Patient’s Bill of Rights when it unsafely evicted hundreds of frail, infirm, mentally ill, and physically and intellectually disabled people. The Maryland Attorney General alleges that from January 1, 2015 to May 31, 2016, NMS issued at least 1,061 eviction notices to residents of its facilities (Maryland’s 225 other licensed nursing facilities, all together, issued a combined total of less than half that number during the same period).
According to the Maryland Attorney General’s complaint, NMS identifies residents for eviction based on the status of their public health insurance benefits, in order to maximize reimbursement from Medicare and Medicaid. The complaint alleges that because the Medicare program typically reimburses nursing facilities at a higher rate than Medicaid, NMS often seeks to evict residents when its facilities are at full capacity and when Medicaid long term care recipients can be replaced with prospective residents whose care will be paid for by Medicare.
In addition, the Maryland Attorney General’s complaint alleges that NMS violated the Maryland False Health Claims Act by often not providing the social work and discharge planning services for which it billed Medicaid, and that NMS falsely certified its compliance with the Patient’s Bill of Rights by submitting claims to Medicaid.
The Maryland Attorney General’s complaint requests that the court prohibit NMS from unsafely evicting residents and from engaging in other unlawful practices, and that the court impose civil penalties and award treble damages to the State of Maryland.
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Maryland or in another U.S. state due to nursing home neglect, nursing home negligence, or nursing home abuse, you should promptly contact a local nursing home claim lawyer in Maryland or in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf, if appropriate.
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