People of the State of California v. Beverly Community Hospital Association dba Beverly Hospital
Published: Jan. 18, 2014 | Result Date: Jan. 3, 2014 | Filing Date: Jan. 1, 1900 |Case number: BC530206 Settlement – $250,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Will Jay Pirkey
(Office of the Los Angeles City Attorney)
Michael N. Feuer
(Office of the Los Angeles City Attorney)
Tina L. Hess
(Office of the Los Angeles City Attorney)
Defendant
Sean M. Hardy
(Freedman & Taitelman LLP)
Daniel W. Doyle
(Doyle Schafer McMahon)
Facts
The State of California filed suit against Beverly Community Hospital Association, based on allegations that Beverly Community had engaged in unfair competition.
Contentions
PLAINTIFF'S CONTENTIONS:
The state argued that Beverly Community had failed to comply with federal, state, and local laws regarding various medical screening, stabilization, discharge, and arrangement practices for dependent adults and disabled persons. Based on these practices, the state asserted a cause of action for unfair competition in violation of the California Business and Professions Code.
DEFENDANT'S CONTENTIONS:
Beverly Community Hospital Association denied all of the allegations in the state's complaint. Defendant contended that in the interest of avoiding litigation expenses and potential damages, which could have forced the hospital to cease its operations, the hospital agreed to an early settlement of this matter.
Result
The court ordered defendant to pay $250,000 in monetary relief to the state, and also granted an injunction, preventing Beverly Community from continuing its unfair practices. Among the restrictions imposed by the injunction, Beverly Community was enjoined from failing to perform necessary medical screening examinations, failing to discharge homeless patients to the homeless patient zone, and failing to implement a written discharge planning policy.
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