1,133 residences for the elderly have been fined between 2014 and 2020, 21% of the more than 5,000 in Spain. EL PAÍS reveals for the first time the details of these sanctions, which until now were unknown: you can consult them in the search engines by autonomous community below, ordered according to the number of fines that have been imposed (and read the rest of the investigation here) .
The current name of the residence always appears, as provided by the Administrations through the Transparency Law. Most of the time it matches the one you had at the time of the violation, although there will be cases where it has changed. The year allows identifying the time of the fine.
1. Community of Madrid, 351 penalties
Communities have two ways to fine. One is the sanctions (depending on the type of offense: minor, serious or very serious); the other, the so-called penalties, fines that are usually due to breaches of the management contract of a center. Madrid is the community with the most fines in general (351) and the second after Castilla-La Mancha that uses penalties the most.
Four of the five most sanctioned residences in all of Spain are in this community (the fifth, in Asturias). These are the Peñuelas residence and the Las Mercedes residence in Madrid, Sierra de Kanaima in Moralzarzal and Hestia in Madrid. At the end of 2020 there were 22 firm sanctions from that same year.
Las Peñuelas received the highest sanction in Spain in 2016, of almost half a million euros, for deficiencies in equipment and facilities. The Community collected that amount from the guarantee that the management company had left until then, Eulen, when its contract ended: according to the company there were no deficiencies, but a discrepancy on maintenance.
Several residences accumulate more than three sanctions, such as those of Villanueva de la Cañada and Villalba that today are from Orpea (they were from Sanyres until July 2016) or that of Sanitas in Florida. But there are also large fines for individuals. This is the case of four businessmen fined a total of 210,000 euros for trying to open unauthorized centers in Santos de la Humosa in 2017, 2018 and 2019.
2. Castilla-La Mancha, 266 penalties
Castilla-La Mancha accumulates 266 between sanctions and penalties. They are more than in other regions but generally lower: the average infraction is 1,600 euros, one of the lowest in Spain.
Castilla-La Mancha has a sanctioning regime of up to 600,000 euros for very serious infractions and there are two sanctions of this type in the data. One was for providing inadequate assistance and incurring in serious omissions and led to the closure of the Santa Isabel center in Marrupe (Toledo), in 2017. The other was for the “degrading treatment” of users of the Cazalegas Residence (Toledo) in 2015 and was left with a penalty of 20,000 euros.
3. Catalonia, 263 penalties
Catalonia is the one that has sanctioned the most residencies: 203 since 2014, for a total of 263 sanctions. But you can’t tell what they are. As a result of the request for information transparency that this newspaper has made, the management companies of the centers have been asked if they wanted to present allegations to the publication of the information. After their complaints, the Superior Court of Justice of Catalonia has imposed a precautionary measure that prevents knowing their names or in which municipalities they are.
The data indicate that nine out of ten sanctions have been serious or very serious and that 20% (39) have been for inappropriate treatment of users.
4. Basque Country, 148 penalties
The fines from Bizkaia (116), Álava (18) and Gipuzkoa (14) have been brought together in a single group, but in the Basque Country it is the Provincial Administrations that inspect and sanction residences. In total, there are 102 fined residences.
The case of Bizkaia is striking because it is where there are more reprimands, 48%, and because it has the lowest fines in Spain, with 400 euros of medium infraction, slightly less than Álava (500 euros): it is because the law allows Minimize the penalty if faults are remedied. Gipuzkoa, the Administration that carries out the most inspections , has imposed 14 final sanctions, the most recent in 2019.
5. Castilla y León, 135 penalties
In Castilla y León (135 penalties) there are the only cases of fines for user abandonment. It cost the Nuestra Señora de la Esperanza residence 90,000 euros and the definitive closure in 2018. The Cibeles residence in Villamayor (Salamanca) also committed this offense, which is the second most punished in the community, with five fines. The first is the El Jardín residence, in Corbillos de Sobarriba (León), with six.
6. Valencian Community, 113 penalties
The Valencia Community has imposed the most extreme measure eight times, closing a center. In five cases it was due to lack of authorization to operate as residences, in the others due to the state of the facilities and to putting the health of users at risk.
In addition to the 106 penalties that the search engine collects, there are another seven, from 2020, that are not included because the file is still open.
The most sanctioned residence is Jardines de Llíria, which the DomusVi company has managed since 2018 (before it was owned by Gerovida). He has accumulated six serious penalties since 2015, one of them still pending appeal .
7. Galicia, 73 sanctions
In Galicia there are 73 sanctions since 2014. It is the community where the most fines have been given in 2020: 26, 36%. There are two residences that have been closed and one of them, Valle Inclán, is the most fined in the community (three times, for a total of 126,000 euros).
The owner of residences that accumulates the most sanctions in Galicia is the Congregation of the Little Sisters of the Helpless Elderly. They manage residences in several communities but nowhere else do you have five fines like here. One is from 2015 and the other four from 2020, to the Santa Teresa de Jornet residences (two penalties), San José and Betania (33,000 euros in total).
8. Aragon, 45 penalties
Aragon has not provided the amount of the sanctions, but the rest of the information has. It has imposed 45 since 2014 and there are only three residences that have been fined more than once: Virgen de Loreto Botanical Park, Santa Fe Social Health Center and Hernán Cortés Residence.
9. Asturias, 44 penalties
Twelve of the 44 sanctions for nursing homes in Asturias are for homes that started operating without authorization. There are only two penalties of more than 20,000 euros and one of them, to the Reconquista Residence in Llanera, is one of the highest in Spain: 225,379 euros for several very serious offenses committed in 2017. The other, to the Ablaña Day and Residence Center , is 73,366 euros.
10. Andalusia, 32 penalties
At the end of 2020, there were still no firm sanctions for that year or the previous one in Andalusia. Yes, there were 32 to 29 nursing homes in previous years, 14 of them in 2015. They are relatively few for a community where there are 646 nursing homes.
The most common sanction is around 9,700 euros and the highest is from 2014, to the Nuestra Señora de las Angustias residence in Albolote (Granada), fined 180,000 euros and already closed. The center that has been sanctioned the most times (three) is Vitalia Mairena, in Mairena del Aljarafe (Seville). The sanctions, of 2014, 2015 and 2016, total 42,000 euros.
11. La Rioja, 27 penalties
La Rioja is the second community that has fined the most centers of all it has: 45%, with 27 penalties for 15 residences. The most sanctioned is the Hospital del Santo Residence, in Santo Domingo de La Calzada. It has three penalties, in 2018, 2019 and 2020, which add up to 69,000 euros (the search engine also includes the information on fines to five day centers for the elderly).
12. Cantabria, 25 penalties
In Cantabria there are 25 penalties since 2014 for an average amount of 6,000 euros, which is the maximum prescribed by regional law for light penalties and the minimum for serious penalties.
The Villa Cicero residence, in Bárcena de Cicero, is the one with the highest sanction: only one, in 2015, which led to a disqualification and a 60,000 euro fine for several very serious offenses. La Gloria Residence, in Liencres, is the one with the most fines, three in 2014 (serious and very serious) and then in 2017 and 2018.
13. Navarra, 22 penalties
Navarra has 22 sanctions and firm penalties, 6 in 2018. They are all fines of more than 10,000 euros for serious infractions with the exception of two minor ones, above the average for the rest of the communities.
14. Balearic Islands, 17 penalties
The island councils are in charge of inspecting and sanctioning residences. Menorca and Ibiza have not notified any sanction, while Mallorca has reported 17, but without saying which ones for the protection of personal data. The reason given, however, clashes with what the Transparency Council ( download sentence ) dictated , which puts the public interest of sanctions on data protection above.
In Mallorca 17 sanctions have been imposed. Four of them are from 2020, but only one of these is firm (in 2018 there were 4 and in 2019 as well). It is the administration that imposes the highest penalties: the median offense is 24,000 euros.
The highest final sanction has been 72,000 euros, in 2016, to a residence for serious and very serious infractions. There is one that exceeds this figure, but it is not yet firm: in 2020 a sanctioning procedure has begun where the proposed fine is 192,000 euros. If confirmed, it would be the third highest in Spain.
15. Murcia, 9 penalties
In Murcia there are nine sanctions, but four of them are against the same residence, the Ile Senior Club. Two were in 2019, for advertising without authorization or being registered as a residence, operating without permits and hindering the work of inspectors. But the administrative deadlines were so long that they expired and the fine was never imposed. The Administration had to restart the sanction process in 2020. Then it did close firmly.
The Virgen de la Salud residence, in Alcantarilla, has three penalties. It is a good example of how to evaluate a violation. In 2017, “a disabled user escapes from the center, falls with hospital admission”, which resulted in a serious offense and 3,000 euros of fine. In 2018, “a disabled user escapes from the center, without consequences”; It ended as a minor offense, 1,000 euros and a warning.
16. Canary Islands, 6 penalties
The Canary Islands is a peculiar case: there are few sanctions, only six, but all for very serious infractions and with very harsh fines. Five of them entail the closure of the residence (temporary, in two cases) and another three impose fines of more than 60,000 euros. All cases are in 2017, 2018 and 2019.
17. Extremadura, 3 penalties
In Extremadura, only three sanctions have been imposed on three residences. The highest was in 2016 and for 48,000 euros to the Nuestra Señora de La Asunción Residence in Villafranca de los Barros (Badajoz).
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