NJ’s Granny Profiteers: Who are They? Do We Even Know – For-Profit Nursing Homes and Their Elusive Owners

ANDOVER SUBACUTE ENTRY
Ambulance crews are parked outside Andover Subacute and Rehabilitation Center in Andover, N.J., on Thursday April 16, 2020. Police responding to an anonymous tip found more than a dozen bodies Sunday and Monday at the nursing home in northwestern New Jersey, according to news reports. The ownership has since changed hands and the facilities renamed Limecrest Subacute and Rehabilitation Center and Woodland Behavioral and Nursing Center. (AP Photo/Ted Shaffrey) APAP

What the Pandemic Revealed About This Country’s Nursing Home Owners – New Jersey

Published 5.13.21, last edit 5:32pm

Dear Reader:

The leap of faith necessary to contemplate the astronomical profit on the trafficked lives of the elderly in this country requires a simple review of the industry’s finances. How very easy it is to defraud Medicare, Medicaid and the healthcare insurance industry. It is even easier for those charged with accountability to look the other way.

Few will put it all together lest they have to confront the brutality that has been deemed acceptable by any humane standards. We, here, lose sleep over it all. There is no accountability in the nursing home industry. In fact, when we were all looking the other way, New York’s Governor Cuomo installed the Granny Killer Immunity Provisions, many states following suit. Governor Cuomo’s campaign was funded, in pertinent part, by nursing home owners, their attorneys, the healthcare lobby, the pharma lobby, the insurance industry, all a collective of accomplices in removing the light and thus increasing profits.

A conscience… huh? What is that?

Those who are willing to speak out are punished for their efforts. Attorneys have been disbarred for whistleblowing, called something else, as they attempt to uncover the inhumanity. Newspaper journalists have been and continue to be admonished or sued for shedding light on the hardcore truths about the industry. Public media wars have been waged on politicians trying to right an entirely skewed collective moral compass. It is an “open secret” in politics, we are told.

Ownership structures have been repeatedly scrambled to protect the wealthy. Money is regularly exchanged under cover of darkness. Programs have been defunded to avoid establishing a system of accountability. Nurses get sued for walking away. Underpaid healthcare workers demand better wages and many are denied, lest there be a reduction of Net Profits.

At its fundamental atomic level, the nursing home industry is nothing more or less than the exchange of money for human life. Full stop.

The criminal nature of the industry, at least under our 45, ran from the top down. We believe everyone in between was more than happy to look the other way, or offer a “distribution of…. relief funding.” US President 45 offered a commuted sentence to a nursing home magnate who defrauded his victims out of millions and millions in what is referred to as “unbounded greed”. Private equity firms and their attorneys, more than happy to “say nothing and hear nothing,” are profiting and profiteering. And the cycle continues.

There is a sheer and inexplicable cognitive dissonance of those who do not question this industry, its finances, its treatment of the elderly. For years we, along with our collective and small group of journalists, bloggers and activists have tried to scatter the puzzle pieces for anyone who might be willing to put them together.

The savagery coupled with the profit is really not rocket science to figure out.

It took a pandemic to show just how blurred the lines of that which is deemed acceptable in a humane society really are. The black and white of right and wrong were crossed a very long time ago. Perhaps a New Jersey law is a step in the right direction. Likely not. Until owners who have records of abusing the system are put permanently out of commission, no law will draw an impassable line. It is all just a distraction.

Pandemic revealed N.J. does not know who owns for-profit nursing homes. New law would change that.

Nursing home operators must reveal more information about their finances and their ownership and also pass a review evaluating their track record on safety and quality before state regulators will allow properties to be sold, under a new law Gov. Phil Murphy signed late Wednesday.

he legislation emerged from a series of recommendations the healthcare consultant Manatt Health made a year ago to improve how nursing homes operate, after the coronavirus killed 5,400 long-term care residents within two months. The death toll is at about 8,000 today.

Manatt concluded the industry was unprepared for the pandemic, in part because one-third of all facilities had been cited for infection control violations previously and staffing shortages were endemic.

The consultant also took issue with the Health Department for not aggressively monitoring the 370 nursing homes in the state, 74% of which are owned by for-profit companies that change hands often. Manatt recommended the state adopt a stricter system of reviewing operators’ finances before they are permitted to buy new facilities.

The law, A4477, requires nursing home operators to report the names, addresses and the organizational chart for the companies who intend to buy a facility, any lease or management agreements, a list of all facilities the buyer has owned in the last five years and financial audits from the last three years. The health department will use the information to identify facilities which may be in financial distress, according to the law. Applications for ownership transfers must be posted on the DOH’s website.

NJ.com, to continue reading click here.

Senator O’Mara – Weekly Column, Gov. Cuomo – What about the Nursing Home Tragedy? AND OVERSIGHT??? Covid-19

Senator O’Mara’s weekly column ‘From the Capitol’ ~ for the week of May 10, 2021 ~ ‘No, governor, nursing homes tragedy not ‘smart'”

May 10, 2021

Senator O'Mara shares his weekly perspective on issues facing New York State government.

Senator O’Mara shares his weekly perspective on issues facing New York State government.Every available action needs to be taken to compel the governor and his inner circle to tell the truth and be held accountable. New Yorkers, in particular families who lost loved ones in nursing homes due to Cuomo’s fateful order, deserve nothing less.

Senator O’Mara offers his weekly perspective on many of the key challenges and issues facing the Legislature, as well as on legislative actions, local initiatives, state programs and policies, and more. Stop back every Monday for Senator O’Mara’s latest column…

This week, “No, governor, nursing homes tragedy not ‘smart'”

Here was the lead paragraph in a National Review article late last week following Governor Andrew Cuomo’s May 5th news conference: “New York governor Andrew Cuomo defended an executive order that may have exacerbated coronavirus outbreaks in state nursing homes as ‘smart’ from a ‘medical point of view.’”

Smart?

After all these months, when how Governor Cuomo and his inner circle addressed the COVID-19 pandemic in nursing homes has been defined by cover-ups, stonewalling, lies, and the like, and keeping in mind that the Cuomo administration is under federal investigation for its actions, the governor calls it “smart.”

Trust me, there’s another side to that story.

Recall that Governor Cuomo issued a March 25, 2020 directive requiring New York State nursing homes to accept COVID-positive patients from hospitals into the homes. Last year’s March 25th directive would end up sending more than 9,000 COVID-positive patients into hundreds of nursing homes statewide, according to reporting from the Associated Press earlier this year, and likely contributed to thousands of deaths. Over 6,000 of those were new admissions to nursing homes, not readmissions as the Cuomo administration has tried to lead the public to believe.

Here’s how “smart” that action was considered at the time by many of the nation’s leading long-term care professionals.

The day after Governor Cuomo’s March 25 directive to nursing homes, on March 26, 2020, a prominent, national group of long-term care professionals denounced the directive and warned against it.

Specifically, the prominent, national medical professionals group American Medical Directors Association (AMDA)-The Society for Post-Acute Care and Long-Term Care (PALTC) Medicine released a statement that the Cuomo order was “over-reaching, not consistent with science…and beyond all, not in the least consistent with patient safety principles.” The group’s statement went on, “Rather than bullying nursing facilities and medical providers to make unsafe decisions, the State of New York would be wise to direct its energies at ensuring adequate personal protective equipment is available to all healthcare providers…developing a long-neglected healthcare workforce, and identifying and standing up alternative care sites.”

Three days later, on March 29, AMDA-PALTC was joined in another statement by the American Health Care Association (AHCA) and the National Center for Assisted Living (NCAL). The groups stated, “As organizations dedicated to preserving the safety of patients and residents in post-acute and long-term care settings including assisted living, we strongly object to this policy directive and approach…This is a short-term and short-sighted solution that will only add to the surge in COVID-19 patients…We understand the need for public health and elected officials to weigh the risks and benefits of their decisions…However, a blanket order for every nursing home in the state to accept all admissions from hospitals is not sound policy.” [Both statements can be viewed in full on the AMDA-PALTC website: paltc.org]

Despite these dire warnings from the medical community directly involved in the care of our state’s elderly nursing home residents this directive was left in place for more than 30 days, until May 10, 2020. During this period, in excess of 9,000 COVID-positive hospital patients were sent from hospitals into New York’s nursing homes. Over 6,000 of these patients were not in a nursing home prior to entering the hospital.

During a joint Senate-Assembly hearing on the nursing homes crisis on August 3, 2020, I directly asked Health Commissioner Howard Zucker if he had received and read the March 26 and March 29 statements. He denied knowledge of them.

I didn’t believe Commissioner Zucker on that day and I still don’t believe it. It is simply not credible that New York’s top health official would not have been informed on statements from leading medical professionals expressing their alarm at one of New York State’s key directives and its potential and alarming risk to the elderly and these residential facilities overall.

And I don’t believe that Governor Cuomo’s policy was “smart.”

If Governor Cuomo and his top lieutenants had heeded the warning from the experts on the front lines of nursing home care in America, thousands of nursing home residents would have at least been better protected. Many lives could have been saved. 

The question is no longer whether the Cuomo administration’s handling of the nursing homes tragedy was smart.

Instead, in my view and the view of many others, the question remains unanswered about why Governor Cuomo and his inner circle ignored the warnings from public health experts that their March 25 mandate to nursing homes to accept COVID-positive patients was over-reaching, and not consistent with science or patient safety principles. 

It is just one of many unanswered questions that still demand to be pursued regarding the Cuomo administration’s nursing homes cover-up.

Governor Cuomo has tried to conceal the truth on the devastation of this crisis in our nursing homes and in other places, and it has caused great harm. Reports keep forcefully exposing the lies, cover-ups, and crimes.

Every available action needs to be taken to compel the governor and his inner circle to tell the truth and be held accountable. New Yorkers, in particular families who lost loved ones in nursing homes due to Cuomo’s fateful order, deserve nothing less.

Granny Killer Immunity for Nursing Homes to be Laid to Rest? And Profit Over Care? Alongside the Dead…

Posted by Lost Messiah 4.28.21

Gov Cuomo signs bill repealing legal immunity granted to New York nursing homes during pandemic as he faces probe into hundreds of excess deaths at care facilities

Effective immediately, nursing homes and other healthcare facilities can be held civilly and criminally liable for treatment of individuals with COVID-19

The bill was sponsored and championed by Cuomo critics including Sen. Alessandra Biaggi

However, Cuomo himself has faced calls to resign amid probes into whether the state mishandled nursing home deaths related to the pandemic

The Cuomo administration has faced accusations that the state miscounted hundreds of nursing home deaths as hospital deaths

Lawmakers had already rolled back some of the protections that had been granted to healthcare workers last year

The Daily Mail, to continue reading click here.

New York State lawmakers discuss nursing home staffing bill

Queens assemblyman and advocates rally for nursing homes investigation and immunity repeal

“Every time we get close to the truth, it seems like the governor is untouchable. How many more scandals? How many more women? How many more nursing home-related lies and frauds need to be exposed before we can hold him accountable?” Kim said during a virtual rally with advocates on Thursday, April 1. 

QNS, to continue reading click here.

Arizona Legislators Should Reject Immunity for Nursing Homes

This week, Arizona legislators will vote on bill 1377, which would shield nursing homes from civil liability for negligence while providing services during the Covid-19 pandemic.

At least 32 states have already passed laws or issued executive orders during the pandemic making it harder for nursing home residents or their families to take the companies that run these facilities to court. The new Arizona bill would protect any health care institution assumed to be acting in “good faith” except in cases of “willful misconduct” or “gross negligence.”

The provision of such broad immunity is particularly problematic for nursing homes in light of growing evidence indicating that during the pandemic, nursing home residents have suffered considerable harms from neglect and prolonged isolation, in addition to the risk of Covid-19 itself.

In a report published last week, Human Rights Watch documented serious concerns over possible neglect in nursing homes across the United States during the pandemic’s first year, when staffing was low and family members were often not allowed in facilities. Residents, family members, and staff reported extreme weight loss, dehydration, and infected bedsores, which in some cases may have contributed to death. In many cases, residents’ hygiene appeared to have been neglected as well, with family members reporting residents were left in soiled incontinence pads for hours at a time and their hair and fingernails grew long and dirty. Many nursing home residents, deprived of daily social contact because of restrictions on visitors and activities, declined physically and emotionally.

The academic evidence echoes our findings: just last week, an article published in the Journal of the American Medical Directors Association (JAMDA) found that in Connecticut nursing homes, depression, substantial weight loss, and incontinence increased among residents in the four months after visitor restrictions went into place.

Human Rights Watch, to continue reading click here.

Time to Toss the Granny Killer Immunity Provisions in NY – And Country-Wide

MIDDAY POSTER: NY Dems Move To Repeal Cuomo’s Nursing Home Immunity

New York’s now infamous corporate immunity law for nursing home executives has been placed on the legislative docket for repeal. The law, slipped into last year’s budget by Gov. Andrew Cuomo, shielded nursing homes from liability as they were forced by the governor to accept patients presumed to have COVID into their facilities.

Last Spring, while the national media was celebrating Cuomo, The Daily Poster helped break open the story of Cuomo passing the law after receiving huge campaign donations from the corporate group pushing it. As The Daily Poster reported earlier this week, the law has shielded administrators and executives from liability for a wide range of negligence claims, even those that don’t appear to be directly related to COVID.

To continue reading in The Daily Poster

Millions in Cuomo’s War Chest, Donations from Killer Nursing Homes and their Lobbyists and Representatives – The Blood of Covid-19 Death

[EXCERPTED BY LM]

Andrew Cuomo Shielded Killer Nursing Home Executives From Justice

By Joel Warner

Governor Andrew Cuomo offered blanket immunity from prosecution for negligent nursing home executives last year. Now those who lost love ones during the pandemic thanks to those executives’ greed have nowhere to turn. Those who put profit over human life — and Cuomo — need to be held responsible.

As the Daily Poster reported last May, the Cuomo administration quietly inserted the liability shield provision into the state’s 2020 budget bill after a powerful health care industry group that donated more than $1 million to Cuomo’s political machine drafted and lobbied for the law.

The provision was ostensibly designed to help nursing homes as they made difficult decisions in the face of an unprecedented emergency. But the law extended the protections not just to medical staff, but also to corporate executives — and critics worried that the law would allow the facilities’ owners and operators to cut corners and risk people’s lives without repercussions.

As lawmakers pushing to revoke the measure noted in a legislative memo that month, the immunity law “egregiously uses severe liability standards as a means to insulate health care facilities and specifically, administrators and executives of such facilities, from any civil or criminal liability for negligence.”

Now, as Cuomo’s handling of nursing homes during the pandemic has exploded into a national scandal amid revelations of suppressed COVID death counts alongside reported threats against Cuomo critics and allegations of sexual harassment, the Daily Poster has found the law is indeed insulating nursing home administrators and executives from civil or criminal liability for their actions.

Over much of the past year, the provision has apparently had a chilling effect across the state, causing many lawyers to refuse all new nursing home–related negligence cases, whether or not they seem to be directly related to COVID-19, and limiting the scope of other legal actions begun before the pandemic. Though New York has seen more than fifteen thousand nursing home deaths, there have only been a handful of wrongful death cases filed in the state, according to data compiled by the law firm Hunton Andrews Kurth, which has been tracking COVID-related cases.

Joel Warner, Jacobin

“Lobbying Money Well Spent”

On April 3, 2020, as the media was reporting on how New York was becoming a global coronavirus hot spot, Cuomo signed into law the state’s budget bill for the year, which included a little-noticed provision on page 347 that noted that executives, board members, trustees, and other corporate officials at nursing homes and other health care facilities “shall have immunity from any liability, civil or criminal, for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services” related to COVID-19.

The liability shield, which covered both lawsuits and criminal prosecutions, was made retroactive to March 7, 2020. A Cuomo spokesperson would later insist the measure wasn’t due to industry influence — but lobbyists suggested otherwise.

The day before the measure became law, the Greater New York Hospital Association (GNYHA) — a major lobbying group that represents hospital systems, including some that own nursing homes, that has donated more than $1.25 million to Cuomo’s political operation — sent out a memo stating it had “drafted and aggressively advocated for this legislation.”

As GNYHA noted to its members in the announcement, “You and your heroic workers have enough to agonize over without having to worry about liability for decisions and actions made under extraordinarily challenging circumstances.”

The provision’s effect was immediate.

Holly Mosher, a partner at the Friedlander & Mosher, PC law firm in Ithaca, which focuses on nursing home negligence cases, told the Daily Poster that before then, her firm usually followed up on several reports of alleged nursing home abuse or neglect each week. Now, suddenly, they weren’t looking into any potential new cases at all. That included not just allegations of residents getting sick or dying from COVID-19 because of improper conditions, but also claims of negligence that seemed to have little to do with coronavirus at all, such as preventable injuries and bedsores, other than the fact that the incidents occurred in the middle of the pandemic.

To continue reading the article in its entirety, click here.

Nursing Homes, their Attorneys, Cuomo, His Donor Pool and Those Who Reaped the Rewards of their Campaign Contributions

Andrew Cuomo campaign donations interactive map.
Mapping campaign donations to Andrew Cuomo For New York, Inc. during years 2014-2019. 
OPENTHEBOOKS.COM

Dear Readers:

New York is a cesspool of corruption; and sadly for those of us for whom this State has some sentimentality, we may be deluding ourselves into believing it can be fixed. absent tearing down the entire system of government and rebuilding it. It does not help that there is very little in New York that is transparent and, more to the point, even transparency is shrouded in secrecy. For instance, most states prohibit vendors who have significant state contracts from donating to politicians within the state. Sounds logical. But New York does not have such a prohibition. Couple that with the Supreme Court’s Citizens United ruling (Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)), which paved the way for mega-donors to give money in secret, and you have a recipe for unending money-meets politics power brokering. And the players have learned to game the system like a BlackJack card-counter plays a hand. New York has no safeguards against running amok either. And it has.

Moreover, for those of us who misguidedly thought it could not get any worse, Covid-19 made corruption that much easier. While all eyes were on the extraordinary havoc Covid-19 was wreaking on the state, and while many of us chose Cuomo’s news briefings over those of the President at the time, Cuomo was constructing a return to his donors. He had made promises that needed to be kept if he ever wanted to be President. While New Yorkers were dying, Cuomo was devising the “quid pro quo”. Sadly, the real difference between Cuomo and Trump is political sides. Both played to their acolytes similarly. Interestingly, many of Cuomo’s top donors in New York and the greater Tri-State area were also Trump’s top donors. There is an heir of true opportunism in that.

Real Estate moguls who had donated large sums (either themselves or through their attorneys) were given an “essential business” pass to continue building, or operating when all other businesses were shut down. Hospitals and nursing/rehabilitation homes were given the well-touted immunity from any and all liability for deaths that occurred during the height of the Covid-19 spread. It does not matter what was the cause of death. The immunity is very broad. Any accountability for the negligence of nursing home owners, operators and staff, if not gross negligence got a Cuomo signed pass without accountability. We have dubbed those provisions the “Granny Killer Immunity” provisions, and it is noteworthy that these hugely significant provisions were snuck into a well-needed budget bill.

And, for those mega-donors who did not need global sweeps in return for their investment in Cuomo: including exceptions to rules, regulations, standards of behavior or full on immunity, Cuomo returned his donor largesse into important and influential political positions. Some of the megadonor law firms, those responsible for deciding the political slate of Democrats who run in many counties, most notably Kings County were the beneficiaries of client satisfaction. Moreover, to add icing to the cake, the person tasked with investigating the wrongdoing within Cuomo’s administration, notably the nursing homes and the Cuomo sexual harassments allegations is also the beneficiary of many of those donations. Her hands are largely tied, the question is how she will play the political chess game.

It should be clear that where Cuomo did not directly reap the benefits of the nursing home lobby, the major New York hospital chains and the related unions, Cuomo had the benefit of donations from their lawyers and accountants, who stepped in and donated big. Some of the highest donations to Cuomo’s campaign came from law firms representing nursing homes, real estate magnates, construction contractors, their lending banks and finally union members. And, to add insult to injury, some of the top donating law firms also requested and received some of the most extensive PPP loans.

One might consider that the PPP loans actually went to donations to Cuomo’s campaigns if it all comes out in the wash.

We are not providing you with information you could not find on your own. There are countless articles that have questioned the Cuomo donations over the years. Few have connected the dots. We are directing you to the most intriguing of the articles, but there are many more. The following we have only excerpted . We encourage you to read the entire article. It tells an important historical story of who has been scratching who’s back, the graft, the political PAC’s that help to make it possible and the incestuous web of political ties and money. And… this was before Covid-19.

The following is from Forbes October 2020.

New York Gov. Andrew Cuomo Reaped $6.2 Million In Campaign Cash From 347 State Vendors Who Pocketed $7 Billion Since 2014

[EXCERPTED]

Our auditors at OpenTheBooks.com found 347 state vendors that gave $6.2 million in political donations to Cuomo over a six-year period (2014-2019). Meanwhile, these companies reaped $7 billion in state payments.

These donations represented the equivalent of more than half of the current cash on hand – $11.9 million – in the governor’s campaign committee as of 12/31/2019, according to disclosures.

We created an interactive map displaying by ZIP Code all of the governor’s campaign contributions since 2014. Just click a pin (ZIP Code) and scroll down to see the results that render in the chart beneath the map.

Hospitals – Covid-Positive Patients Transferred To Nursing Homes

The Greater New York Hospital Association (Association) funneled $1 million to Cuomo’s re-election through the state Democratic party in 2018. That same year, the Association and the healthcare union, 1199SEIU, backed Cuomo’s healthcare “reforms” and spent $5.9 million lobbying in Albany.

By February 2020, Cuomo appointed the Association’s past chair and board member Michael Dowling along with 1199SEIU President Dennis Rivera as co-chairmen of the “Medicaid Redesign Team.” (State Medicaid was $4 billion in the red because of Cuomo’s accounting gimmicks.)

Just six weeks before the governor’s appointment, Michael Dowling gave Cuomo a $5,000 campaign donation (12/14/19). (Dowling is also the CEO of Northwell Health – which received $10 million in state payments in 2019.)

Twenty-eight days before the governor made 1199SEIU president Dennis Rivera co-chairman of his Medicaid Team, the union gave $15,000 to Cuomo’s re-election fund (1/6/2020). Since 2014, 1199SEIU backed Cuomo with political endorsements and $95,250 in campaign cash.

Real Estate, Development, and Construction Companies

Between years 2011 and 2020, real estate tycoon Scott Rechler, owner of RXR Realty, LLC, his wife, children, and affiliated LLC businesses gave $540,000 to Cuomo’s campaign fund. Family donations amounted to $385,000 and multiple LLCs funded another $155,000.

Scott’s brother, Todd, Chief Construction and Development Officer at RXR Realty, also contributed an additional $90,000 to Cuomo during the period.

We found four real estate leases owned by RXR Realty affiliated LLCs and signed by two state agencies: Office of Inspector General and Commission on Judicial Conduct. These leases were signed in the years 2014, 2019, and 2020 and are worth $41 million with $13.7 million already paid out. (Note: In 2014, RXR bought the building and the state agencies were existing tenants.)

The public has a right to know whether Cuomo was serving the public interest or his private political interest when his administration negotiated these leases. Every single transaction is a potential conflict of interest.

Furthermore, in 2011, the governor appointed Rechler to the Board of the Port Authority of New York and New Jersey, where he became chairman. In 2017, the governor nominated Rechler to the Board of the Metropolitan Transit Authority (MTA) and he served until 2019.

Big Four Accounting Firms – $360,000 in campaign cash

The independent accounting firms, Deloitte; Ernst & Young (EY); KPMG; and PriceWaterhouseCooper collectively gave Gov. Cuomo $360,000 in campaign donations during years 2014-2019. The firms reaped $258.8 million in state payments. 

Between 2013 and 2015, New York regulatory agencies and the governor investigated Deloitte, PwC, and EY for alleged wrongdoing. The firms paid $45 million and other penalties to settle the various claims.

Are these firms “independent” auditors with a fiduciary responsibility to taxpayers? We found that the firms coordinated their campaign cash to the governor giving the same amounts on the same days in the same years.

Three of the Big Four – PwC, KPMG, and EY – each gave the exact same amount of campaign cash to Cuomo during the six-year period ($88,333.33). Deloitte contributed another $105,000.

Andrew Cuomo's circle of influence has been shrinking lately.
Andrew Cuomo survived without indictment and denies any connection between campaign contributions … [+]
 
OPENTHEBOOKS.COM
Closing the LLC loophole resulted in a steep drop in campaign donations to Andrew Cuomo.

A “Bucket List” President Biden, Demand Nursing Home Transparency and Accountability by Owners and Operators

As our regular readers know, the lack of accountability of nursing home owners and operators is one of our central focuses. If this blog could solve just one problem on the “Bucket List” it would be improving the quality of care for our nation’s elderly and infirmed and ending the associated fraud scheme that makes neglect profitable.

As a single example, the pardon of Philip Esformes was a travesty of justice and a slap in the face of every elderly resident who suffered in his nursing homes, and a disregard for the taxpayers who fund Medicare and Medicaid. The lack of transparency and accountability fosters an environment fraud and neglect and likely President Trump and members of his party benefited from the pardon.

Owners and operators should not be able to deny accountability when their patients die of Covid-19. In many cases, the deaths were the result of lacking staff, rationing of PPP and profit. Many of the owners and operators of some of the worst homes had a “last clear chance” to add safety measures (though that is not generally the standard of care used).

The Covid-19 pandemic has brought years and years of neglect within nursing care to the surface. This is nothing new. These homes have been historically understaffed and many of them are not strangers to subpar care. Death is harder to hide than neglect, though many continue to hide their mortality rates.

Nursing home owners and operators should not be allowed hidden protections of LLC’s, foundations, trusts and other corporate structures, to either prevent a cross referencing of ownership for licensure purposes or to manipulate the math when homes go sideways. There must be complete transparency and personal accountability and liability.

The ownership of many of the most deplorable homes is difficult to decipher and cross reference. Many of the worst run homes have a joint group of owners some of which are comprised of attorneys and other professionals with different percentages throughout each of the cross-owned homes. First, owners and operators who are also licensed professionals should be held to higher standards of care or some form of specific registration should be in place that distinguishes these professional-owned homes from others. Second, their professional licenses should be at risk when they fail to provide adequate care. Third, professional firms that have partners who own and operate nursing homes should not be permitted to donate to political or judicial candidates or campaigns. Nursing home neglect should not be a lobbying cry. If owners and operators, particularly professional owners and operators can curry favors with politicians and judges, patients are simply not safe.

To the victor goes the spoils and for-profit nursing care is rarely an altruistic endeavor. Humanity should come before profit.

Continue reading