San Francisco sues federal government over Laguna Honda hospital closure following patient deaths
SAN FRANCISCO (CBS SF) -- The city of San Francisco announced Thursday that it's suing the federal government over its decision to cut off funding to Laguna Honda Hospital and the order forcing the nursing home to transfer all patients out of the facility by Sept. 13.
The lawsuit was filed Wednesday against the U.S. Department of Health and Human Services (HHS) and Secretary Xavier Becerra. It alleges that the Centers for Medicare & Medicaid Services (CMS), which operates under HHS, forced the City to implement an unworkable closure and patient transfer plan that put them at risk and denies the City due process.
In April, CMS terminated Laguna Honda's participation in its Medicare/Medicaid programs after the hospital was found out of compliance on multiple safety inspections, including finding contraband like drug paraphernalia on site, and failure to adhere to hand hygiene, documentation and infection prevention protocols.
As a result of being decertified, the hospital lost federal funding that financed more than two-thirds of its services for nearly 700 patients with complex medical needs and low incomes.
The federal government also directed the facility to wind down its patient population, and the hospital transferred several dozen patients over 10 weeks. At least four patients were reportedly dead within a few days after their relocation, including three that were sent to homeless shelters. A total of nine patients died within days or weeks after transfer or discharge, according to City Attorney David Chiu.
Last week, Laguna Honda halted transfers for its remaining 600 patients following the deaths.
The complaint alleges the CMS imposed an arbitrary Sept. 13 deadline for patient transfers and required it to close before the city's appeals could be decided, which might make the transfers unnecessary.
In a press release, Chiu said a second class-action lawsuit against both the State of California and the federal government filed by former City Attorney Louise Renne alleges the closure and transfer process violates the Americans with Disabilities Act and denies patients and their families due process.
"The federal government has put Laguna Honda and our City in an impossible situation," said Chiu in a prepared statement. "As the final safety net for many of our most vulnerable San Franciscans, Laguna Honda serves too critical a need to be closed due to an arbitrary, bureaucratic decision. The City has been forced into an unworkable closure and transfer plan that has done far more harm than good."
The lawsuit seeks declaratory and injunctive relief to eliminate the Sept. 13 deadline and extend federal funding to Laguna Honda at least until the appeals can be decided and all patients can be safely transferred or discharged.
"We are working hard to address issues that have been raised at Laguna Honda, and that important work will continue," said Mayor London Breed in a prepared statement. "But closing this facility and forcing residents and families to go through the trauma of transfers should not be part of that process. This facility provides care and support for some of the most vulnerable people in our City, and that support must continue to keep them healthy and safe."
"For over 150 years, San Franciscans have relied on Laguna Honda to provide critical care to our most vulnerable," said Renne in a prepared statement. "We simply cannot allow Laguna Honda to close. The actions of CMS and the California Department of Health are illegal, unnecessary, and cruel.
Theresa Rutherford, the President-Elect of the SEIU 1021 and a longtime certified nursing assistant at Laguna Honda Hospital, released the following statement in response to the announcement of the lawsuits:
"Laguna Honda Hospital is more than just a hospital, it is a long-term home for many. Keeping patients at Laguna Honda, where they are provided some of the most unique and comprehensive care available in this country, must be a priority for our community and for elected officials at all levels. We support patients and families who are advocating to help stop the closure because we know it will save lives.
We understand how stressful and scary the last few months have been for workers and patients alike. Transfer trauma is a real danger for the people we care for, which is why our union is doing everything we can to get Laguna Honda Hospital recertified. We encourage community members to join us by contacting their elected leaders at all levels and asking them to stand with us."
In May, Sen. Dianne Feinstein wrote a letter to Becerra asking to reverse the CMS decision to terminate Laguna Honda's participation in its programs and force the relocation of its vulnerable patients.
"If CMS does not reverse its decision, these patients would again be put at risk as they're transferred to other facilities," Feinstein said in a statement last month. "This is particularly concerning after some patients were reportedly sent to homeless shelters ill-equipped to provide the necessary medical services."
The hospital remains open and licensed as it continues to work on rejoining the federal programs.
