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Beverly Reaches Agreement With California Officials.


Business Editors & Health/Medical Writers

FORT SMITH, Ark.--(BW HealthWire)--Aug. 1, 2002

Beverly Enterprises, Inc. (NYSE NYSE

See: New York Stock Exchange
:BEV) today announced that it has reached an agreement with California officials on issues surrounding the services provided at certain nursing homes in that state. Investigations by State Attorney General William Lockyer and the County of Santa Barbara Santa Barbara (săn'tə bär`brə, –bərə), city (1990 pop. 85,571), seat of Santa Barbara co., S Calif., on the Pacific Ocean; inc. 1850.  District Attorney Thomas Sneddon had focused primarily on two incidents that occurred at the La Cumbre La Cumbre (Spanish: "the peak") is the name of several places.
  • La Cumbre is a city in Colombia.
  • La Cumbre is volcano in the Galápagos Islands.
  • La Cumbre is a village in the Extremadura in Spain.
 Convalescent con·va·les·cent
adj.
Relating to convalescence.

n.
A person who is recovering from an illness, an injury, or a surgical operation.



convalescent

1. pertaining to or characterized by convalescence.

2.
 Hospital in Santa Barbara in July 2000 and in July 2001.

Under terms of the settlement, a subsidiary, Beverly Enterprises-California, Inc., has entered a plea of nolo contendere [Latin, I will not contest it.] A plea in a criminal case by which the defendant answers the charges made in the indictment by declining to dispute or admit the fact of his or her guilt.  in Santa Barbara County Court to two felony charges under California's Elder Abuse Elder Abuse Definition

Elder abuse is a general term used to describe harmful acts toward an elderly adult, such as physical abuse, sexual abuse, emotional or psychological abuse, financial exploitation, and neglect, including self-neglect.
 statute. The settlement also provides that Beverly Enterprises-California, Inc. will:
-- Pay a civil monetary penalty to the Attorney General and District Attorney totaling $2 million, payable in four quarterly installments of $500,000 beginning in the third quarter of 2002;

-- Pay a fine of $54,000 relating to the nolo contendere plea;

-- Reimburse the Attorney General and District Attorney for the costs of their investigations, which total $533,000;

-- Enter into a "Permanent Injunction and Final Judgement" (consent decree) - along with Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services and Beverly Healthcare-California, Inc. - ensuring that California nursing facilities owned and operated by Beverly Enterprises, Inc.'s operating subsidiaries comply with all applicable laws and regulations - and to continue their existing training and education programs.


"We accept responsibility for the two unfortunate incidents that occurred at the La Cumbre nursing home, but we firmly believe that those incidents did not constitute criminal behavior on the part of any of our operating units operating unit

A type of operating company that engages in transactions with outsiders and that is owned by another business. For example, in 1995 the stockholders of Capital Cities/ABC approved a $19 billion merger with the Walt Disney Company, whereupon
 or our employees," said William R. Floyd, Beverly Chairman and Chief Executive Officer. "We chose to put this matter behind us, rather than pursue a protracted pro·tract  
tr.v. pro·tract·ed, pro·tract·ing, pro·tracts
1. To draw out or lengthen in time; prolong: disputants who needlessly protracted the negotiations.

2.
 legal and political conflict that would have required significant management and financial resources. Timely resolution of this issue is the right choice for the elderly residents who depend

on us for the delivery of quality care, for our associates and for our shareholders."

Floyd continued: "We share with the Attorney General and District Attorney the desire to ensure that quality of care is the priority at every one of our nursing homes in California and elsewhere. We are pleased to resolve this matter in a way that does not hinder our ability to meet California's standards for care - which are among the highest in the nation - and to continue providing quality care to our residents."

Early in 2001, Beverly's new management team reorganized its nursing home operations and strengthened the quality assurance function to provide additional supervisory and clinical resources at its facilities. Beverly also changed the structure and composition of the entire management group in California. As for the La Cumbre facility, Beverly sold the home to another long-term care long-term care (LTC),
n the provision of medical, social, and personal care services on a recurring or continuing basis to persons with chronic physical or mental disorders.
 provider last October.

"The quality of care we've provided in California during the past three years has been equal to if not better than the overall nursing home average in this state," Floyd said. "During 2002 our performance is better than the state-published average for all nursing homes for the number of deficiencies per survey. In addition, the surveys of our California nursing homes this year have produced no findings of adverse action and no denials of payments due to quality issues. This continuing improvement in quality is a tribute to the 6400 Beverly associates in California."

The nolo contendere plea is anticipated to have no material adverse operating impact on other Beverly subsidiaries and their facilities in California or other states, all of which remain eligible for Medicare, Medicaid and MediCal payments. The settlement agreement does not require any of Beverly Enterprises, Inc.'s operating subsidiaries to divest any facilities in California or other states. The company has been advised by the Attorney General and District Attorney that no directors or officers of Beverly Enterprises, Inc. and its operating subsidiaries will face civil or criminal liability for issues arising from their investigations. The company has recorded a charge against second quarter earnings of $6.3 million to reflect the settlement and related costs.

Beverly Enterprises and its operating subsidiaries comprise a leading provider of healthcare services to the elderly in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . They operate 462 skilled nursing facilities skilled nursing facility
n. Abbr. SNF
An establishment that houses chronically ill, usually elderly patients, and provides long-term nursing care, rehabilitation, and other services.
, as well as 29 assisted living as·sist·ed living
n.
A living arrangement in which people with special needs, especially older people with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication.
 centers, 53 home care and hospice centers and 153 outpatient therapy clinics. Through AEGIS Therapies, they also offer rehabilitative re·ha·bil·i·tate  
tr.v. re·ha·bil·i·tat·ed, re·ha·bil·i·tat·ing, re·ha·bil·i·tates
1. To restore to good health or useful life, as through therapy and education.

2.
 services on a contract basis to nursing homes operated by other care providers.
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1U9CA
Date:Aug 1, 2002
Words:749
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