PHILADELPHIA, PA, April 29, 2020—Four Pennsylvania law firms—Shrager & Sachs, Kanter, Bernstein & Kardon PC, Massa, Butler, Giglione, and Robert Peirce & Associates, P.C. have filed a joint complaint against the Pennsylvania Department of Health regarding the responses and measures taken during the COVID-19 pandemic at skilled nursing facilities across Pennsylvania. The plaintiff is a family member of a long term care facility resident.
The claim, filed on April 28th, 2020, alleges that residents in multiple facilities were and are being denied safeguards and mitigation measures to stop the spread of the coronavirus, including personal protective equipment (PPE), proper social distancing, and isolation plans for those testing positive. This is in violation of the Rehabilitation Act, the Americans with Disabilities Act, the Patient Protection and Affordable Care Act, and federal and state regulations concerning inspections and investigations of long term care facilities, including the Social Security Act and its implementing regulations, the Civil Rights Act as it applies to the Federal Nursing Home Reform Amendments, and the Pennsylvania Disease Prevention and Control Law.