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Thursday, November 21, 2024

Attorney General Mayes Sues Heritage Village Assisted Living, Asks Court to Take Control of Facility

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Attorney General Kris Mayes | Attorney General Kris Mayes Official website

Attorney General Kris Mayes asked the Maricopa County Superior Court to appoint a receiver to take control of Heritage Village Assisted Living, a Mesa elder care facility. The Attorney General filed a lawsuit last week alleging elder abuse and consumer fraud by the owners of Heritage Village and others involved in the enterprise. Today’s filing seeks to remove the current Heritage Village owners from control while the lawsuit is pending.

“The vulnerable residents at Heritage Village face not only the danger of inadequate care and dangerous conditions, but also the danger of Heritage Village shutting down entirely because it lost its license,” said Attorney General Mayes. “In the near term we are asking the court to bring in a receiver to run the facility correctly and ensure the residents receive the care they are paying for. Ultimately we will ask the court to find new owners for Heritage Village and permanently block the current owners from any future contact with vulnerable adults in Arizona.”

The Arizona Department of Health Services announced in January that it intends to revoke the Heritage Village license due to a repeated pattern of numerous and severe violations Arizona law. The Attorney General filed the lawsuit and receivership application to make immediate changes at Heritage Village and prevent the need to relocate approximately 150 residents.

“If Heritage Village loses its license, families whose loved ones currently reside there will have to scramble to make new arrangements,” said Attorney General Mayes. “The residents and their families are the victims here, they do not deserve this disruption when the court can appoint competent professionals to ensure quality care while our lawsuit moves forward.”

The Adult Protective Services Act authorizes lawsuits against anyone involved in an “enterprise” that provides care for vulnerable adults. The lawsuit alleges Madison Realty Companies, LLC and its owners, Gary Langendoen and Matthew Arnold, sit at the center of a web of real estate entities controlling Heritage Village.  Several other defendants are individuals and companies involved in the enterprise, including the medical director and executive director for Heritage Village. 

The suit also names the owners of Ability Hospice, a company that provides care at Heritage Village and is owned by the husband of the facility’s executive director.  The Act authorizes the Attorney General to request extraordinary remedies for proven allegations of elder abuse, including forcing the owners of companies providing elder care to sell their interests, or even dissolving the companies entirely.

“Heritage Village shows why the legislature authorized courts to order ownership changes,” said Attorney General Mayes. “Arizona’s long-term care facilities are staffed by thousands of deeply compassionate caregivers doing the important work of helping our most vulnerable family members.  But they can’t do their jobs unless their employers give them the resources, tools, and training they need.  Assisted living facilities like Heritage Village should be run by qualified health care providers, not real estate speculators.”

The lawsuit is State of Arizona v. Heritage Village Bldg2, LLC et. al., Maricopa County case number CV2024-005359. The lead attorney on the case is Senior Litigation Counsel Shane Ham. The State has nominated Peter S. Davis, CPA, ABV, CFF, CIRA, CTP, CFE of J.S. Held, LLC to serve as receiver.

“When repeated fines and agency punishments are not enough to deter predators who maximize profits at the expense of elderly citizens, the job of protecting our most vulnerable falls on the Attorney General’s Office,” said Attorney General Mayes.  “I intend to do that job. Caring for the elderly is one of the most important duties of our society, not a side hustle for property flippers. I will not stop until every Arizona assisted living facility is run by caregivers who put people before profits.”

Original source can be found here.

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