Avalon Health Care Group

Avalon Health Care owns 16 communities throughout Washington, Oregon, California, Utah, and Hawaii. This healthcare organization is on a mission to support the care of seniors who need short-term rehabilitation, long-term care, hospice care, memory care, wound care, and more. 

Avalon owns and operates skilled nursing facilities with a vision of supporting seniors in aging gracefully and comfortably. The nursing team and other staff here take an individual approach to ensure that residents get enough attention but still have some independence if they’re able to. The 16 communities range in size from 60 beds to well over 100. 

Like any other healthcare organization that accepts Medicare and Medicaid, every Avalon facility has a rating from the Centers for Medicare and Medicaid Services (CMS). The CMS uses a five-star rating system to give consumers an idea of how the building’s leadership and team run things. They base their ratings on staffing, health inspections, and quality measures. 

Generally, the lower the rating, the more likely the building is known for neglect or abuse. That’s not to say that facilities with higher ratings are perfect and without complaints. 

If you or someone you care about has been neglected or abused at an Avalon facility, regardless of which state, the Nursing Home Law Center is prepared to help you seek justice. Contact us today to learn more about your legal options. 

Complaints and Legal Actions Against Avalon Health Care 

Throughout the five states where Avalon Health has facilities, there have been numerous complaints over the years. Many of these complaints were about: 

• Unsafe living environments
• Failing to treat patients with respect and dignity
• Failing to have safety protocols in place 
• Inadequate supervision

Many of the complaints were corrected after inspections, but some situations with this healthcare company required legal action. 

Lawsuits and Legal Action Against Avalon Health

When we look at lawsuits and legal action against nursing homes, it’s usually the resident or someone acting on behalf of their filing. In the case of Avalon Health Care, some lawsuits are filed by residents’ family members and several state Attorney General’s Offices. 

O’Toole et al. v. Avalon Care Center VA Hilo, L.L.C., et al.

This lawsuit was filed by O’Toole and ten other plaintiffs who were suing the Yukio Okutsu State Veterans Home, also known as Avalon Care Center VA Hilo. The plaintiffs filed a large wrongful death lawsuit against Avalon Health in 2023 after the nursing home’s negligence directly impacted residents’ contracting COVID-19 and some passing away as a result. [1]

While COVID-19 was rampant in 2020, the number of residents and their family members infected with the virus at this facility was very high. The outbreak resulted in 71 residents and 35 employees testing positive for COVID-19; 27 of the residents infected died.

The deaths of these 27 residents prompted questions from family members and the Department of Veterans Affairs. It was alleged that the facility, owned by Avalon Health, failed to implement infection protocols and establish adequate protections for residents from the virus. After this lawsuit, Avalon Health Care Group no longer owns Yukio Okutsu State Veterans Home. 

US Attorney’s Office, Western District of Washington Settlement

The acting US Attorney in Western Washington, Tessa Gorman, pursued action against Avalon Health Care Group for violating the Americans with Disabilities Act (ADA). Avalon Health has three facilities in Western Washington, and all three were found to violate the ADA. [2]

They were denying admission to residents due to Substance Use Disorder (SUD), not providing a sign language interpreter for a deaf patient, and participating in other discriminatory acts. Through the investigation, it was revealed that some prospective patients were on FDA-approved medication for Opioid Use Disorder (OUD) as well. 

Avalon Health was required to submit an official draft of a non-discriminatory policy for the Attorney General to review and train employees on the policy and how to treat SUD. In addition, the healthcare company had to pay a $12,000 fine. 

Oregon and Utah State Attorney General Settlements

In 2019, Avalon Health Care Group faced a massive data breach, which resulted in investigations from Oregon Attorney General Ellen Rosenblum and Utah Attorney General Sean Reyes. The data breach revealed personal patient information and protected the health information of residents throughout their facilities in these two states. [3]

A scammer gained access through an employee’s email address and then released patient information to the public. It resulted in an investigation into the company’s HIPAA policies and security practices. 

Avalon Health paid a settlement of $200,000 and had to maintain data security practices to protect patients. However, $10,000 of that fine is considered paid if Avalon can maintain security practices and has no issues for a specified time. 

Inspection and Deficiency Reports at Avalon Health Care Group

There have been numerous concerns regarding patient safety, HIPAA compliance, staffing levels, mistreatment of patients, and inadequate care throughout Avalon’s facilities. Many of their facilities have high ratings, but a few have below-average and well below-average ratings. Even though four and five stars have issues noted in their inspection reports. 

• Southern Utah Veterans Home – 06/28/2023 Issue Summary: 
  • Violation: Failing to conduct resident assessments at least once every three months and update records accordingly. 
  • Example: The inspection revealed that several residents didn’t have an assessment at least every three months, resulting in less than adequate care for each resident affected. 
• Franciscan Post-Acute Care Center (California) – 12/01/2022 Issue Summary: 
  • Violation: Failing to ensure every resident had an accurate and up-to-date assessment. 
  • Example: Seven residents were reviewed in the inspection to find that their assessments revealed inaccurate health information. Every resident in the pool reviewed didn’t have COVID-19, but their assessments said they did. 
• Avalon Care Center Honolulu – 04/05/2024 Issue Summary: 
  • Violation: Failing to treat residents with dignity and respect and failing to provide a safe, clean, and homelike environment. 
  • Example: One resident who required feeding assistance was denied help even with staff nearby who could’ve helped. The facility was not maintained according to nursing home standards, like cleaning the ceilings and vents in resident rooms. 
• Avalon Care Center Portland – 06/03/2024 Issue Summary: 
  • Violation: Failing to accommodate the needs or preferences of each patient reasonably. Failing to honor the resident’s right to request, refuse, or discontinue treatment. 
  • Example: One resident was moderately physically impaired and couldn’t reach their light switch. They requested assistance with making it more accessible, and the facility kept putting off helping. The facility failed to get copies of a resident’s advance directives and inform other residents of their rights to have an advance directive in their file. Since the copy of the resident’s advance directive wasn’t in their file, their wishes weren’t honored. 
• Avalon Health & Rehabilitation Center Pasco (Washington) – 04/23/2024 Issue Summary: 
  • Violation: Failing to ensure residents fully understand their health care, status, and treatment plan. Failing to honor residents’ rights to choose their own attending physician. 
  • Example: Several residents weren’t informed of changes to their health plan, the risks and benefits of said change, and offered alternative options. One resident interviewed during the inspection revealed that the facility wasn’t given the choice of who their attending physician was, causing the resident to question who was in charge of their care and impede care decisions. 

Free Case Evaluation

When a nursing home fails to protect its residents due to specific actions or inactions, you need a skilled nursing home abuse lawyer. The attorneys at the Nursing Home Law Center are committed to protecting the rights of residents and their families when nursing homes fail to meet the standards of care they’re supposed to. 

We can thoroughly investigate negligence and abuse claims, work with experts for their testimony, and then negotiate appropriate settlements for clients considering the damages incurred. We’re proud to work for our clients and have helped them achieve large settlements and, more importantly, justice. The key to fighting nursing home negligence and abuse cases is prompt action: 

• Make sure the victim is safe and away from harm
• Document dates, times, and locations of specific incidents
• Report the negligence or abuse to the state licensing board, facility administrator, and local authorities
• Work with an experienced and compassionate attorney to hold the perpetrator(s) accountable

The faster you act, the better the outcomes usually are. While we work on your case, you won’t have to worry about paying any legal fees. Our contingency fee allows you to focus on more important things during the legal process, and you only pay us if you win. 

If you or a loved one have been a victim of nursing home negligence or abuse, reach out to the Nursing Home Law Center today by calling (800)-926-7565 for a free consultation. 

References: [1] Honolulu Civil Beat, [2] Justice.gov, [3] Doj.state.or.us