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Oakmont Senior Living Understaffed Assisted Living Facilities Class Action

Oakmont Senior Living’s admissions contracts claim that residents will receive the care that they individually require, that facility staff will determine what care is needed, and that the amount of care will determine the care fees paid each month. The catch, the complaint for this class action alleges, is that staff are not hired on the basis of these needs, leading to severely understaffed facilities.

The class for this action is all persons, or the successors-in-interest to the estates of persons, who lived or live at one of the California assisted living facilities owned or operated by Oakmont, under the Oakmont name, from September 13, 2013 through the present, and who contracted with Oakmont for services for which Oakmont was paid money.

Assisted living facilities traditionally provide varying levels of care for seniors and disabled persons who find it difficult to live on their own but do not have extensive medical needs. They help residents with preparing meals, cleaning, shopping, grooming, bathing, toileting, and taking medication.

The complaint claims that Oakmont (a) charges a base rate for room, board, basic maintenance, cleaning, and laundry, (b) provides an assessment before admission and again each year to determine how much regular help is needed, and (c) charges a monthly care fee based on the amount of help needed. The complaint quotes its residence agreement as saying, “Each service is assigned a number of points that take into account the time to perform the task, the average wage of the staff position performing the task, and the frequency of the task.”

The references to time, staff position, and frequency seem to promise that there will be a relationship between the needs of the residents, the time and skill required to attend to them, and the staff employed at the facility. However, the complaint alleges that Oakmont’s headquarters sets budget, including budgets for labor, and presses its executive directors to stay within the budgets. In fact, the complaint claims that the facilities are not permitted to increase their budgets without permission from headquarters.

According to the complaint, both former employees and residents say that Oakmont does not employ enough staff to meet resident needs. The problem is compounded by high staff turnover, the complaint says, and required training is often cut short or not given because staff is stretched too thin.

The consequences, the complaint claims, is slow or no response to call buttons, falls and injuries (with residents sometimes found on the floor), unexplained injuries (including a gash on the leg and a broken rib), insufficient continence and hygiene care (with feces crusted around one patient’s groin), and no staff on an entire floor of a facility.   

The complaint charges that these are violations of California’s Consumer Legal Remedies Act and its Unlawful, Unfair, and Deceptive Business Practices laws, as well as elder financial abuse.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Oakmont Senior Living Understaffed Assisted Living Facilities Complaint

October 16, 2017

NOTE: THIS FILE CONTAINS THE COMPLAINT PLUS A NOTICE OF REMOVAL TO FEDERAL COURT PLUS ADDITIONAL DOCUMENTS.

Oakmont Senior Living’s admissions contracts claim that residents will receive the care that they individually require, that facility staff will determine what care is needed, and that the amount of care will determine the care fees paid each month. The catch, the complaint for this class action alleges, is that staff are not hired on the basis of these needs. The complaint alleges that Oakmont’s headquarters sets budget, and presses its executive directors to stay within the budgets, so that Oakmont does not employ enough staff to meet resident needs, leading to severely understaffed facilities. 

 

 

oakmont_senior_living_complaint.pdf

Case Event History

Oakmont Senior Living Understaffed Assisted Living Facilities Complaint

October 16, 2017

NOTE: THIS FILE CONTAINS THE COMPLAINT PLUS A NOTICE OF REMOVAL TO FEDERAL COURT PLUS ADDITIONAL DOCUMENTS.

Oakmont Senior Living’s admissions contracts claim that residents will receive the care that they individually require, that facility staff will determine what care is needed, and that the amount of care will determine the care fees paid each month. The catch, the complaint for this class action alleges, is that staff are not hired on the basis of these needs. The complaint alleges that Oakmont’s headquarters sets budget, and presses its executive directors to stay within the budgets, so that Oakmont does not employ enough staff to meet resident needs, leading to severely understaffed facilities. 

 

 

oakmont_senior_living_complaint.pdf
Tags: Assisted Living or Senior Care, Seniors or Elderly