A broader public data pool that captures practices of individual nursing homes and patterns across portfolios is being used out of context and further complicating the legal landscape for operators, experts warned as two data-fueled class action lawsuits head toward trial in Kentucky.
The lawsuits allege business owner Terry Forcht and companies that manage two of his nursing homes violated laws that require sufficient nurse staffing levels. Patients and former patients are seeking reimbursement for “services not provided.” To build the cases, a firm representing the plaintiffs has said it used Medicare cost report data alongside expanded Payroll Based Journal data available through Care Compare to measure sufficiency.
