This class action lawsuit claims that Brookdale Senior Living has engaged in a scheme through its “Resident Assessment System” that defrauds the seniors, people with disabilities, and families that relies upon its services.
Brookdale promotes its “Resident Assessment System” as a program that identifies the “specifics of the resident’s level of care” to “offer individually tailored personal care options to perfectly suit their needs. This is misleading because Brookdale does not sue the results generated by its “Resident Assessment System” to determine or provide staffing at its facilities. As a matter of corporate policy and standard operating procedure, Brookdale staffs itss facilities based on pre-determined labor budgets designed to meet corporate profit objectives. This fact has been concealed from residents and their families.
One plaintiff in this lawsuit, Gloria Runton, was a resident of a Brookdale assisted living facility in Florida. She entered the Brookdale facility for the first time in May 2015. After leaving the facility for rehabilitation she returned to the facility around June 1, 2016, and continued to pay monthly residency charges based on the Resident Assessment System. Brookdale informed Runton and her representatives that they would provide adequate staffing to deliver assisted care that meets her needs. Over time Brookdale assessed increases in Runton’s care needs. When she returned to Brookdale in June 2016, the Resident Assessments and new Resident Agreement reflected these increased care needs and accordingly increased her monthly charges. Since her arrival in May 2015, Ms. Runton’s monthly rate for personal care needs as assessed by Brookdale and made part of under her "Personal Service Plan" increased from approximately $1,077.51 to $2,830. Although Brookdale assessed increased care needs and charged more to purportedly meet these needs, her care and the staff assigned to her have not increased accordingly.
Based on the facts of the case, the plaintiff alleges the following violations: