Attorney General Kris Mayes has initiated legal action to nullify a secrecy clause imposed on the family of a man who died due to neglect in a long-term care facility. The clause, according to Mayes, contravenes Arizona law that mandates notifying the Attorney General when cases involve abuse, neglect, or exploitation of vulnerable adults.
"Secrecy clauses like those imposed on this victim’s family are not only illegal, but they also block me from doing my job of protecting vulnerable adults," stated Attorney General Mayes. "The court should invalidate the secrecy clause in this case and others that are illegally concealing instances of abuse and neglect from the public."
Robert Knight was admitted to the Sun West Choice Health & Rehab facility in July 2019. Mr. Knight was married with two children and suffered from dementia among other conditions. Despite being only 58 years old, he was essentially immobile.
Patients like Mr. Knight require high levels of care due to their vulnerability. The lawsuit alleges hundreds of instances when Mr. Knight should have been turned but were not recorded.
In March 2022, Mr. Knight was found face-down on his room floor with a bleeding nose and suffering from a massive bed sore measuring 4 by 6 inches wide and 1.5 inches deep. A few days later, he passed away with an autopsy revealing bacterial pneumonia and a rare bone infection caused by the bed sore as his cause of death.
Wendy Knight, Mr. Knight's spouse, filed a lawsuit against Sun West Choice alleging abuse and neglect of her husband who was considered a vulnerable adult. Sun West Choice asked the court to enforce an arbitration agreement signed by Ms. Knight when she moved her husband into the facility.
This arbitration agreement contained an extensive secrecy clause that prohibited the Knight family from revealing “the existence and subject of the arbitration.”
According to Attorney General Mayes, such practices are illegal under the Adult Protective Services Act, which aims to protect vulnerable adults by increasing transparency and enhancing the powers and duties of the Attorney General.
The lawsuit filed by the Attorney General extends beyond the Knight family. The defendant, The Ensign Group, Inc., operates numerous facilities in Arizona with over 5,000 total beds. Mayes has also asked the court to invalidate secret arbitrations for every patient in every facility operated by The Ensign Group, Inc.
This is not the first time that Attorney General Mayes has intervened in a lawsuit to eliminate a secrecy clause. The Arizona Attorney General’s Office will continue to challenge such clauses as many times as necessary to ensure care facilities cease presenting these illegal secret arbitration agreements to families during admission procedures.
“The Legislature banned these secrecy clauses decades ago, but for decades facilities have been using them anyway. I intend to put a stop to it and carry out the legislative intent of transparency in the care of vulnerable adults,” concluded Attorney General Mayes.
The case in question is Knight v. Sunwest Choice Health and Rehab, et al., Maricopa County Superior Court number CV2024-007103. Assistant Attorney General Shane Ham is handling the case for the Attorney General's Office.