Recently, the Pittsburgh Post-Gazette’s online publication carried an editorial on a very hot topic, the impact of private equity investment in nursing homes.  The opening paragraph sets the stage for the argument:

The long-term mismanagement of nursing homes by private equity firms has reached a tipping point, resulting in over 20 bankruptcy filings in local elder care facilities in just a few weeks. It’s only the beginning of turmoil for nursing homes run by private equity, and the terrible results should be a lesson guiding future oversight.

As the article explains, while there are a host of bankruptcies in the Pittsburg area, the problem is not “just” a local issue.  Further, the editorial tracks a corporate strategy designed to separate the operational side of the business from the more lucrative “management fee” side of the business, observing: 

Private equity firms extract money from nursing homes in a process called a “sale-leaseback,” or selling the land out from under the facilities for lump payments. Nursing homes are suddenly forced to pay rent or “management fees” to occupy facilities they once owned. This is the same process, in a much less sensitive business, that resulted in the bankruptcy of the Red Lobster restaurant chain.

I once tried to explain to a financial advisor that I wanted nothing to do with investments by private equity into for-profit health care, and especially into nursing home care, as I personally could see no easy way for profit-seeking to create better quality of care.  Did they listen?  It is hard to know.  But, as the editorial also points out, new federal Medicare/Medicaid rules now seek to compel facilities to “disclose their ownership.” 

The editorial concludes with especially strong wording, expressing hope that disclosure rules will help to “shift incentives against vulture capitalists, and toward operators that put their patients, not profits, first.”  

For more read,  Pittsburgh Post Gazette Editorial, “Private Equity and Nursing Homes are a Match Made in Hell.” 

 

Photo of Katherine C. Pearson Katherine C. Pearson

Katherine C. Pearson is a Professor of Law and the Arthur L. and Sandra S. Piccone Faculty Scholar at Penn State Dickinson Law in Carlisle, Pennsylvania.

Her scholarship focuses on laws and policies connected to aging and she has frequently included age-related issues…

Katherine C. Pearson is a Professor of Law and the Arthur L. and Sandra S. Piccone Faculty Scholar at Penn State Dickinson Law in Carlisle, Pennsylvania.

Her scholarship focuses on laws and policies connected to aging and she has frequently included age-related issues in her teaching of courses on contract law, conflicts of law and nonprofit organizations law.  She is a regular speaker for continuing education programs, both for consumers and lawyers, to address cutting edge concerns in consumer protection for older adults.  She is the author of articles and chapters on access to justice, senior living options including continuing care and life plan communities, long-term care financing and filial obligations, and is the co-author of a treatise, The Law of Financial Abuse and Exploitation (Bisel 2011).

She authored chapters for the Research Handbook on Law, Society and Ageing, published in 2024 as part of a series on law and society handbooks offered by international publisher Edward Elgar. She is a 2024-2025 Fulbright Scholar in Canada and was in residence at the University of Ottawa in the Fall of 2024 as the Research Chair in Health Law, Policy and Ethics.  Her earlier experience as a U.S. Fulbright Scholar (based at the Queen’s University Belfast, Northern Ireland, and working in Ireland, Portugal, and the U.K. in 2009-10), resulted in publications, including an article with an international, historical perspective on ethical concerns for attorneys representing older adults, entitled “The Lesson of the Irish Family Pub,” published by Stetson Law Review.