Assisted living operators in North Carolina fighting “too harsh or excessive” penalties have been able to avoid paying more than 80% of the roughly $5 million in fines assessed to them for alleged deficiencies since 2018, according to an analysis of state data.
Ashe Gardens Assisted Living in Pender County, for example, was fined $70,000 for multiple deficiencies in 2019, but has been spared paying anything toward the penalty yet as it goes through the appeals process, North Carolina Health News reported. Ashe Gardens did not respond to a request for comment from the McKnight’s Business Daily before the production deadline.
The assisted living community is not alone. Since 2018, approximately 194 other assisted living communities around the state have been charged more than $4.7 million in fines, the media outlet reported. And approximately 165 “have filed legal documents with state lawyers arguing that penalties were too harsh or excessive, according to Department of Justice statistics provided to NC Health News,” it said.
While appeals are pending, operators are able to maintain their licences. Ultimately, many are able to have the fines reduced through an independent resolution committee or the state attorney general’s office.
State industry associations did not respond to a request for comment from the McKnight’s Business Daily by the production deadline.
