The United States Department of Justice investigated conditions at the Philadelphia Nursing Home (PNH) in 1996 pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). In a December 19, 1996 letter to the mayor of Philadelphia, the Department of Justice described the unconstitutional conditions in the facility. The facility failed to ensure the safety of or provide the most basic care to its residents. Staff neglected residents and allowed them to reside in unsanitary conditions. In 1994, the city had privatized the facility, turning its management over to Episcopal Long Term Care, and a previous investigation by the Pennsylvania Department of Health found chaotic conditions in the facility.

The Department of Justice filed a complaint on August 13, 1998 against the City of Philadelphia and Episcopal Long Term Care in the United States District Court for the Eastern District of Pennsylvania. The complaint sought to enjoin the defendant from violating the constitutional rights of PNH residents. It alleged that the defendants had also violated the Nursing Home Reform Act, CRIPA, and the False Claims Act, and were unjustly enriched by funds received from the federal government.

The parties reached a settlement agreement, which was filed contemporaneously with the complaint. The City of Philadelphia and Episcopal Long Term Care agreed to do the following:

• ensure that residents were free from mistreatment and neglect;

• provide adequate psychiatric, medical, and nursing care;

• limit the use of restraints;

• allow a federal monitor to implement the agreement;

• pay $50,000 for violating the False Claims Act; and,

• create a $15,000 fund to improve the lives of residents.

On August 14, 1998, the district court (Judge Stewart Dalzell) approved the settlement agreement and closed the case.

Angela Heverling - 05/21/2007


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