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Ed Dudensing spoke with the LA Times about the Biden Administration’s new nursing home staffing requirements.

Ed Dudensing speaks with LA Times about the Biden Administration’s new nursing home staffing requirements

May 13, 2024
Originally published by

In the wake of new nursing home staffing requirements announced by the Biden Administration in April, many healthcare organizations are voicing concerns about a lack of necessary funding. Mark Parkinson, president and CEO of AHCA/NCAL which represents 14,000 nursing homes, went as far as to claim that the mandate will ultimately lead to widespread nursing center shutdowns and resident displacement.

Speaking with the Los Angeles Times, Dudensing explained that the cries of poverty from the nursing home industry are easily debunked by the fact that “private equity money, venture capital” and other investments “are still flowing into these facilities at record rates… and balance sheets are very easy to manipulate.”

Earlier this year, KFF Health News reported that “for-profit groups own about 72% of the roughly 15,000 nursing homes in the United States, which serve more than 1.3 million residents.”

While representing Sam Rios, a former Sacramento State professor who died due to complications from pressure sores after residing in a nursing home, Dudensing went beyond suing just the nursing home, also naming its partner companies as defendants. He proved that this highly profitable conglomerate, including a private equity firm, paid high salaries to its top executives while the nursing homes it owned suffered from understaffing and low quality of care for its residents. In March 2024, the suit ended with a jury verdict of $5.9 million in compensatory damages and $25 million in punitive damages.

With these new mandates in place, Dudensing has emphasized that it is crucial that the state of California identifies understaffed, high-risk facilities and ensures that the requirements are met. With some of the most vulnerable groups of society at risk of abuse, fraud, and injury, large for-profit groups must be held accountable in maintaining adequate staff numbers and pay in their facilities.

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In his 2025 Rutter G

In his 2025 Rutter Group treatise “Elder Abuse Litigation,” Founder Ed Dudensing highlights what many advocates call the "Golden Rule" of elder care.

Under federal regulations, every nursing home resident is legally entitled to the highest quality of care that enables them to attain or maintain their highest practicable physical, mental, and psychosocial well-being.

Ed emphasizes that if a facility fails to provide the necessary services to meet this standard, it is a direct regulatory violation.

Learn more about the “Golden Rule” of elder care: dudensinglaw.com/expertise/

#DudensingLaw #ElderAbuseLaw #NursingHomeNeglect
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ICYMI: Our Founder Ed Dudensing, was interviewed by Hunterbrook as part of a major investigation into The Ensign Group, the largest operator of skilled nursing facilities in the United States.

Hunterbrook examined millions of Centers for Medicare & Medicaid Services (CMS) datapoints and thousands of pages of documents, finding that Ensign facilities failed to meet minimum state staffing requirements in California, Washington, Tennessee, and Kansas on more than 18,000 cumulative days between 2020 and 2025.

Read part one of the investigation: dudensinglaw.com/news/

Watch Hunterbrook's companion video: www.youtube.com/watch?v=Ev5HxTH-5X0

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This summer we welco

This summer we welcomed Gavin Bowen as one of our four summer clerks.

Gavin is a rising 3L at UC Berkeley School of Law, where he competes on the Alternative Dispute Resolution team and served as an article's editor for the Berkeley Journal of Criminal Law. He also led the Animal Law and Advocacy Project at Berkeley.

Gavin graduated with a degree in psychology and arrived at plaintiff-side litigation as the place where advocacy and integrity align.

Welcome to the team, Gavin!

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Dudensing Law is now on Substack! Founder Ed Dudensing will be sharing legal analysis, case insights, and commentary on the issues shaping elder care in California and beyond.

If you have ever wanted to understand elder abuse cases, what the law requires of care facilities, and why corporate structures matter, this is the place.

Subscribe here: protectcaliforniaelders.substack.com/

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Some nursing homes are not medicating residents to treat them -- they are using medication to sedate them.

Founder Ed Dudensing has seen this pattern throughout his career: facilities that are chronically understaffed turn to sedatives and antipsychotic medications as a substitute for adequate care.

Ed wrote about the risks of weakening federal oversight of sedative use in nursing homes in an op-ed for the Daily Journal.

Read the full article: www.dailyjournal.com/articles/390746-why-loosening-sedative-rules-in-nursing-homes-would-put-vuln...

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