Court tosses lawsuit over nursing home services

HARRISBURG, Pa. (AP) — A state court is dismissing the Pennsylvania attorney general’s office lawsuit accusing the nursing home operator of failing to meet residents’ most basic human needs in some homes.

A Commonwealth Court panel threw out the case, saying the state’s complaints about Golden Living centers either lacked specifics or targeted marketing materials that aren’t tantamount to false advertising.

Rather, the judges say Golden Living centers were using “puffery,” or subjective marketing, which is different than false advertising and can’t form the basis of a false advertising lawsuit.

The lawsuit was filed in 2015, and sought payback of Medicaid payments to certain Golden Living centers. But the judges say the state Department of Human Services is tasked with settling Medicaid billing disputes.

The attorney general’s office wouldn’t say Monday whether it’ll appeal.