The City’s lawsuit is directed at the U.S. Department of health and Human Services and its Secretary Xavier Becerra, which oversee the Centers for Medicare and Medicare Services (CMS).
The lawsuit, filed in the U.S. District Court in San Francisco, comes after at least nine patients have died in the transfer process. The lawsuit seeks to remove a September 13 deadline to transfer patients and to extend federal funding to Laguna Honda at least until appeals filed by the city attorney can be decided.
CMS terminated federal funding for the hospital in April after it failed to meet compliance in multiple inspections from October 2021-22. Issues cited included finding illicit drugs and improper storage of protective equipment. “The federal government has put Laguna Honda and our city in an impossible situation,” said Chiu, who filed one of the lawsuits. “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. Hundreds of patients’ lives are stake.
“For over 150 years, San Franciscans have relied on Laguna Honda to provide critical care to our most vulnerable,” said Renne. “We simply cannot allow Laguna Honda to close. The actions of CMS and the California Department of Health are illegal, unnecessary, and cruel.” Following Laguna Honda’s termination from Medicare and Medi-Cal in April, the San Francisco Department of Public Health submitted a patient transfers and closure plan that would give the facility 18 months to find alternative care options for residents. San Francisco has a massive deficit in skilled nursing beds, especially those for patients who rely on government health care plans.
“We are working hard to address issues that have been raised at Laguna Honda, and that important work will continue,” said Mayor London Breed. “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.
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