As Large Nursing Home Chains Re-Located To Different States To Find More Favorable Jurisdictions, Should We Feel Sorry For Them?

Large Nursing Home Chains Re-LocatedThis morning I was reading a an article from the Lexington-Herald Leader, “Nursing home chain to pull out of Kentucky” which chronicles how the large nursing home operator Extendicare Health Services has elected to move out of the nursing home business in Kentucky— citing increased litigation costs.  Per the article, all 21 nursing homes that Extendicare presently operates in the state will be leased to different large nursing home operation (the name of the new operator was not disclosed) for a ten year term.

While businesses are free to come an go as they wish in order to suit the best needs of their company, I was somewhat surprised to hear how the company’s CEO, Tim Lukenda, essentially blaming the legislature for the companies move.  “However, the combination of a worsening litigation environment and the lack of tort reform in the state of Kentucky has made this the prudent decision for our company and unit-holders.”

Though I actually felt somewhat bad (for a short second) hearing about a business having a difficult time conducting operations in the midst of an unfavorable climate, my thoughts quickly changed when I considered how Mr. Lukenda was essentially complaining that the laws currently in place to protect nursing home residents in the state impose too many regulations for the company to operate.  In light of Extendicare’s recent troubles in Kentucky related to allegations of patient abuse and neglect, perhaps the companies focus should be inward– in terms of taking steps to improve the care it provides to patients– and hence, avoiding the current tort system all together.

After the dust has settled in the aftermath of Extedicare’s absence, the citizens of Kentucky should actually thank their legislators for standing their ground when it comes to patient rights in lieu of caving in to pressures from a corporate giant.

For laws related to Kentucky nursing homes, look here.

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric