MESA, Arizona — Arizona Attorney General Kris Mayes is taking legal action for the state to conduct an "immediate takeover" of an assisted-living facility in Mesa accused of not doing the "bare minimum" to comply with rules intended to protect vulnerable residents.
In a civil complaint filed last week in Maricopa County Superior Court, the AG's Office claims the owners and managers of Heritage Village are incapable of complying with laws and have engaged in "deceptive" practices to conceal the facility's problems and its more than 170 citations from the health department.
Mayes' office launched an investigation into Heritage Village after the Arizona Republic published articles last year about the facility. As a result of the state's investigation, Mayes is now asking the courts to appoint a receiver to take control of Heritage Village and bring the facility into compliance with state regulations.
"Caring for the elderly is one of the most important duties of our society, not a side hustle for property flippers," Mayes said in a statement. "I will not stop until every Arizona assisted living facility is run by caregivers who put people before profits.”
The state's complaint details a pattern of conduct suggesting the facility attempted to cover its tracks when investigators requested documentation about "bedbound" residents.
According to the complaint, Heritage Village has 39 residents unable to ambulate and the state asked to see their written certifications and service plans that a medical professional needs to issue before a facility can accept these types of residents.
The facility allegedly produced several certifications signed by medical providers after the date that the state requested to see these records. The state subpoenaed the three medical providers who signed these certifications and they allegedly told investigators that they "signed forms without understanding what they were signing."
"The vast majority of ("bedbound residents") still have not had a proper evaluation by a physician who has reviewed the service plan and ensured the facility is capable of providing the care set forth in the plan," the lawsuit states.
The lawsuit further alleges that Heritage Village "copied and pasted" positive reviews from elsewhere on the internet to make the facility's website look more appealing to prospective residents. The facility allegedly charged "large fees to residents for care services that Defendants never provided," the complaint states.
In response to the state's complaint, Heritage Village sent 12News the following statement:
Heritage Village continues to work with state regulators to correct any deficiencies identified by inspectors. Since terminating the previous management company in mid-2022, the owners of Heritage Village have made and continue to make a number of substantive changes to the facility’s operations, management and personnel.
These changes include hiring a nurse to serve as our wellness coordinator, to provide oversight and extensive training to caregivers. Heritage Village also has expanded the size of its team from about 70 employees to about 110 employees, including adding seven resident care coordinators each of whom have caregiver certification and training in dispensing medication. We have tightened security, extended shifts to increase continuity of care, and contracted with an on-site medical clinic whose professional staff currently sees about one-third of residents.
We respectfully disagree with the contention that the health and safety of any Heritage Village resident is at risk. We are fully committed to complying with the extensive laws and regulations impacting assisted living, and to ensuring that Heritage Village becomes a model for assisted living in the state of Arizona.
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