State Alleges Cedar Rapids Residential Care Facility Falsely Claimed to be Licensed Nursing Facility

The Des Moines Register has reported that the Iowa Department of Inspections and Appeals has found that for the past two and a half years, Emeritus at Silver Pines, a Cedar Rapids residential care facility, has been falsely claiming to be a state-licensed assisted living center. In fact, according to the report, the Facility is only licensed as a residential care facility and is not authorized, equipped or staffed to provide nursing care for elderly or disabled residents that require such care. In addition the Facility has been charging fees to residents for assisted-living care.

Brady and O'Shea, P.C. recently filed a class action lawsuit, arising out of similar facts, on behalf of residents of Cottage Grove Place, a nursing facility in Cedar Rapids. The residents claim in the lawsuit that Cottage Grove Place and Life Care Services falsely claimed to be state-licensed to provide care to residents suffering from dementia; however, the Iowa Department of Inspections and Appeals found that Cottage Grove Place was not licensed to provide such care. The residents brought claims pursuant to Iowa's new Consumer Fraud Act, among other legal theories, and are seeking recovery of the fees they paid for dementia care, in addition to other damages.