288 Nursing Homes with Enforcement Actions in New York – See Links

288 Nursing Homes with Enforcement Actions

288 Nursing Homes with Enforcement Actions

Reporting period: December 1, 2008 to November 30, 2018

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Nursing Home City
  Absolut Center for Nursing and Rehabilitation at Allegany, LLC Allegany
  Absolut Center for Nursing and Rehabilitation at Aurora Park, LLC East Aurora
  Absolut Center for Nursing and Rehabilitation at Endicott, LLC Endicott
  Acadia Center for Nursing and Rehabilitation Riverhead
  Albany County Nursing Home Albany
  Alice Hyde Medical Center Malone
  Alpine Rehabilitation and Nursing Center Little Falls
  Andrus On Hudson Hastings-On-hudson
  Aurelia Osborn Fox Memorial Hospital Oneonta
  Avon Nursing Home, LLC Avon
  Baird Nursing Home LLC Rochester
  Baptist Health Nursing and Rehabilitation Center, Inc Scotia
  Bay Park Center for Nursing and Rehabilitation, LLC Bronx
  Beach Gardens Rehab and Nursing Center Far Rockaway
  Beacon Rehabilitation and Nursing Center Rockaway Park
  Bedford Center for Nursing and Rehabilitation Brooklyn
  Beechtree Center for Rehabilitation and Nursing Ithaca
  Beechwood Homes Getzville
  Beth Abraham Center for Rehabilitation and Nursing Bronx
  Bethany Gardens Skilled Living Center Rome
  Bethel Nursing Home Company Inc Ossining
  Bethlehem Commons Care Center Delmar
  Betsy Ross Rehabilitation Center, Inc Rome
  Bishop Rehabilitation and Nursing Center Syracuse
  Boro Park Center for Rehabilitation and Healthcare Brooklyn
  Briarcliff Manor Center for Rehabilitation and Nursing Care Briarcliff Manor
  Bridge View Nursing Home Whitestone
  Bridgewater Center for Rehabilitation & Nursing, LLC Binghamton
  Brighton Manor Rochester
  Bronx Center for Rehabilitation & Health Care Bronx
  Bronx Gardens Rehabilitation and Nursing Center Bronx
  Brookhaven Health Care Facility, LLC Patchogue
  Brookhaven Rehabilitation & Health Care Center LLC Far Rockaway
  Brooklyn Gardens Nursing & Rehabilitation Center Brooklyn
  Brooklyn United Methodist Church Home Brooklyn
  Brookside Multicare Nursing Center Smithtown
  Buena Vida Continuing Care & Rehab Center Brooklyn
  Buffalo Center for Rehabilitation and Nursing Buffalo
  Buffalo Community Healthcare Center Buffalo
  Bushwick Center for Rehabilitation and Health Care Brooklyn
  Campbell Hall Rehabilitation Center Inc Campbell Hall
  Capstone Center for Rehabilitation and Nursing Amsterdam
  Cayuga Ridge Extened Care Ithaca
  Central Park Rehabilitation and Nursing Center Syracuse
  Champlain Valley Physicians Hospital Medical Center SNF Plattsburg
  Charles T Sitrin Health Care Center Inc New Hartford
  Chasehealth Rehab and Residential Care New Berlin
  Chautauqua Nursing and Rehabilitation Center Dunkirk
  Chemung County Health Center-Nursing Facility Elmira
  Cold Spring Hills Center for Nursing and Rehabilitation Woodbury
  Comprehensive Rehabilitation and Nursing Center at Williamsville Williamsville
  Concord Nursing and Rehabilitation Center Brooklyn
  Cooperstown Center for Rehabilitation and Nursing Cooperstown
  Cortland Park Rehabilitation and Nursing Center Cortland
  Creekview Nursing and Rehab Center Rochester
  Crest Manor Living and Rehabilitation Center Fairport
  Crown Heights Center for Nursing and Rehabilitation Brooklyn
  Crown Park Rehabilitation and Nursing Center Cortland
  Cuba Memorial Hospital Inc SNF Cuba
  Daughters of Sarah Nursing Center Albany
  Diamond Hill Nursing and Rehabilitation Center Troy
  Downtown Brooklyn Nursing & Rehabilitation Center Brooklyn
  Dumont Center for Rehabilitation and Nursing Care New Rochelle
  Dunkirk Rehabilitation & Nursing Center Dunkirk
  East Haven Nursing & Rehabilitation Center Bronx
  Eastchester Rehabilitation and Health Care Center Bronx
  Eddy Village Green Cohoes
  Edna Tina Wilson Living Center Rochester
  Eger Health Care and Rehabilitation Center Staten Island
  Elderwood at North Creek North Creek
  Elderwood at Ticonderoga Ticonderoga
  Elderwood at Waverly Waverly
  Elderwood of Uihlein at Lake Placid Lake Placid
  Ellicott Center for Rehabilitation and Nursing Buffalo
  Ellis Residential & Rehabilitation Center Schenectady
  Elm Manor Nursing and Rehabilitation Center Canandaigua
  Emerald South Nursing and Rehabilitation Center Buffalo
  Emerge Nursing and Rehabilitation at Glen Cove Glen Cove
  Essex Center for Rehabilitation and Healthcare Elizabethtown
  Evergreen Commons Rehabilitation and Nursing Center East Greenbush
  Ferncliff Nursing Home Co Inc Rhinebeck
  Fiddlers Green Manor Rehabilitation and Nursing Center Springville
  Fieldston Lodge Care Center Bronx
  Fishkill Center for Rehabilitation and Nursing Beacon
  Foltsbrook Center for Nursing and Rehabilitation Herkimer
  Fordham Nursing and Rehabilitation Center Bronx
  Forest Hills Care Center Forest Hills
  Fort Hudson Nursing Center, Inc. Fort Edward
  Fox Run at Orchard Park Orchard Park
  Fulton Center for Rehabilitation and Healthcare Gloversville
  Garden Care Center Franklin Square
  Glen Cove Center for Nursing and Rehabilitation Glen Cove
  Glen Island Center for Nursing and Rehabilitation New Rochelle
  Glendale Home-Schdy CNTY Dept Social Services Scotia
  Glengariff Health Care Center Glen Cove
  Gold Crest Care Center Bronx
  Golden Gate Rehabilitation & Health Care Center Staten Island
  Grandell Rehabilitation and Nursing Center Long Beach
  Granville Center for Rehabilitation and Nursing Granville
  Greene Meadows Nursing and Rehabilitation Center Catskill
  Groton Community Health Care Center Residential Care Facility Groton
  Hempstead Park Nursing Home Hempstead
  Henry J. Carter Skilled Nursing Facility New York
  Heritage Health Care Center Utica
  Highbridge Woodycrest Center Bronx
  Highland Park Rehabilitation and Nursing Center Wellsville
  Highpointe On Michigan Health Care Facility Buffalo
  Hilaire Rehab & Nursing Huntington
  Hill Haven Nursing Home Webster
  Hopkins Center for Rehabilitation and Healthcare Brooklyn
  Horizon Care Center Arverne
  Hornell Gardens, LLC Hornell
  Houghton Rehabilitation & Nursing Center Houghton
  Hudson Park Rehabilitation and Nursing Center Albany
  Hudson Valley Rehabilitation & Extended Care Center Highland
  Humboldt House Rehabilitation and Nursing Center Buffalo
  Huntington Hills Center for Health and Rehabilitation Melville
  Ideal Senior Living Center Endicott
  Iroquois Nursing Home Inc Jamesville
  Jeanne Jugan Residence Bronx
  Jennie B Richmond Chaffee Nursing Home Company Inc Springville
  Katherine Luther Residential Health Care and Rehabilitation Center Clinton
  Kingsway Arms Nursing Center Inc Schenectady
  Lawrence Nursing Care Center, Inc Arverne
  Livingston County Center for Nursing and Rehabilitation MT Morris
  Livingston Hills Nursing and Rehabilitation Center Livingston
  Loretto Health and Rehabilitation Center Syracuse
  Lutheran Retirement Home Jamestown
  M.M. Ewing Continuing Care Center Canandaigua
  Manhattanville Health Care Center Bronx
  Margaret Tietz Center for Nursing Care Inc Jamaica
  Mary Manning Walsh Nursing Home Co Inc New York
  Masonic Care Community of New York Utica
  Massapequa Center Rehabilitation & Nursing Amityville
  Meadow Park Rehabilitation and Health Care Center LLC Flushing
  Meadowbrook Healthcare Plattsburgh
  Medford Multicare Center for Living Medford
  Mercy Living Center Tupper Lake
  Mills Pond Nursing and Rehabilitation Center St James
  Momentum at South Bay for Rehabilitation and Nursing East Islip
  Monroe Community Hospital Rochester
  Morningside Nursing and Rehabilitation Center Bronx
  Morningstar Residential Care Center Oswego
  Morris Park Nursing Home Bronx
  Mosholu Parkway Nursing & Rehabilitation Center Bronx
  MVHS Rehabilitation and Nursing Center Utica
  Nassau Rehabilitation & Nursing Center Hempstead
  Nathan Littauer Hospital Nursing Home Gloversville
  New Carlton Rehab and Nursing Center, LLC Brooklyn
  New East Side Nursing Home New York
  New Gouverneur Hospital SNF New York
  New Roc Nursing and Rehabilitation Center Rochester
  New Vanderbilt Rehabilitation and Care Center, Inc Staten Island
  New York State Veterans Home at Montrose Montrose
  Newfane Rehab & Health Care Center Newfane
  Niagara Rehabilitation and Nursing Center Niagara Falls
  Northern Manor Geriatric Center Inc Nanuet
  Northern Riverview Health Care Center, Inc Haverstraw
  Northwoods Rehabilitation and Nursing Center at Moravia Moravia
  Norwegian Christian Home and Health Center Brooklyn
  Norwich Rehabilitation & Nursing Center Norwich
  NYS Veterans Home in NYC Jamaica
  Oceanside Care Center Inc Oceanside
  Oceanview Nursing & Rehabilitation Center, LLC Far Rockaway
  Oneida Center for Rehabilitation and Nursing Utica
  Oneida Healthcare Oneida
  Onondaga Center for Rehabilitation and Nursing Minoa
  Ontario Center for Rehabilitation and Healthcare Canandaigua
  Orchard Rehabilitation & Nursing Center Medina
  Our Lady of Mercy Life Center Guilderland
  Our Lady of Peace Nursing Care Residence Lewiston
  Ozanam Hall of Queens Nursing Home Inc Bayside
  Park Nursing Home Rockaway Park
  Park Ridge Nursing Home Rochester
  Park Terrace Care Center Rego Park
  Parker Jewish Institute for Health Care & Rehab New Hyde Park
  Parkview Care and Rehabilitation Center, Inc. Massapequa
  Pathways Nursing and Rehabilitation Center Niskayuna
  Pine Haven Home Philmont
  Plattsburgh Rehabilitation and Nursing Center Plattsburgh
  Pontiac Nursing Home Oswego
  Premier Genesee Center for Nursing and Rehabilitation Batavia
  Presbyterian Home for Central New York Inc New Hartford
  Promenade Rehabilitation and Health Care Center Rockaway Park
  Putnam Nursing & Rehabilitation Center Holmes
  Quantum Rehabilitation and Nursing LLC Middle Island
  Queens Nassau Rehabilitation and Nursing Center Far Rockaway
  Regal Heights Rehabilitation and Health Care Center Jackson Heights
  Resort Nursing Home Arverne
  Richmond Center for Rehabilitation and Specialty Healthcare Staten Island
  River Ridge Living Center Amsterdam
  Riverledge Health Care and Rehabilitation Center Ogdensburg
  Riverside Center for Rehabilitation and Nursing Castleton-On-hudson
  Robinson Terrace Rehabilitation and Nursing Center Stamford
  Rosa Coplon Jewish Home and Infirmary Getzville
  Rosewood Rehabilitation and Nursing Center Rensselaer
  Ross Center for Nursing and Rehabilitation Brentwood
  Rutland Nursing Home, Inc. Brooklyn
  Safire Rehabilitation of Northtowns, LLC Tonawanda
  Safire Rehabilitation of Southtowns, LLC Buffalo
  Samaritan Keep Nursing Home Inc Watertown
  Samaritan Senior Village, Inc. Watertown
  Sans Souci Rehabilitation and Nursing Center Yonkers
  Sapphire Center for Rehabilitation and Nursing of Central Queens, LLC Flushing
  Sapphire Nursing at Meadow Hill Newburgh
  Saratoga Center for Rehab and Skilled Nursing Care Ballston Spa
  Sayville Nursing and Rehabilitation Center Sayville
  Schulman and Schachne Institute for Nursing and Rehabilitation Brooklyn
  Shore View Nursing & Rehabilitation Center Brooklyn
  Silver Lake Specialized Rehabilitation and Care Center Staten Island
  Slate Valley Center for Rehabilitation and Nursing Granville
  South Point Plaza Nursing and Rehabilitation Center Island Park
  St Anns Community Webster
  St Camillus Residential Health Care Facility Syracuse
  St Catherine Laboure Health Care Center Buffalo
  St Johns Health Care Corporation Rochester
  St Josephs Home Ogdensburg
  St Luke Residential Health Care Facility Inc Oswego
  St Patricks Home Bronx
  St Regis Nursing Home, Inc. Massena
  St. Margaret’s Center Albany
  Steuben Center for Rehabilitation and Healthcare Bath
  Suffolk Center for Rehabilitation and Nursing Patchogue
  Sullivan County Adult Care Center Liberty
  Sunharbor Manor Roslyn Heights
  Sunnyside Care Center East Syracuse
  Sunrise Manor Center for Nursing and Rehabilitation Bay Shore
  Sutton Park Center for Nursing and Rehabilitation New Rochelle
  Syracuse Home Association Baldwinsville
  Terence Cardinal Cooke Health Care Center New York
  Teresian House Nursing Home Co Inc Albany
  Terrace View Long Term Care Facility Buffalo
  The Baptist Home at Brookmeade Rhinebeck
  The Brightonian, Inc Rochester
  The Center for Nursing and Rehabilitation at Hoosick Falls Hoosick Falls
  The Chateau at Brooklyn Rehabilitation and Nursing Center Brooklyn
  The Citadel Rehab and Nursing Center at Kingsbridge Bronx
  The Cottages at Garden Grove, A Skilled Nursing Community Cicero
  The Eleanor Nursing Care Center Hyde Park
  The Five Towns Premier Rehabilitation & Nursing Center Woodmere
  The Grand Rehabilitation and Nursing at Barnwell Valatie
  The Grand Rehabilitation and Nursing at Chittenango Chittenango
  The Grand Rehabilitation and Nursing at Guilderland Altamont
  The Grand Rehabilitation and Nursing at Mohawk Ilion
  The Grand Rehabilitation and Nursing at River Valley Poughkeepsie
  The Hamptons Center for Rehabilitation and Nursing Southampton
  The Hurlbut Rochester
  The Knolls Valhalla
  The New Jewish Home, Manhattan New York
  The Osborn Rye
  The Paramount at Somers Rehabilitation and Nursing Center Somers
  The Phoenix Rehabilitation and Nursing Center Brooklyn
  The Pines at Catskill Center for Nursing & Rehabilitation Catskill
  The Pines at Glens Falls Center for Nursing & Rehabilitation Glens Falls
  The Pines at Utica Center for Nursing & Rehabilitation Utica
  The Pines Healthcare & Rehabilitation Centers Olean Campus Olean
  The Plaza Rehab and Nursing Center Bronx
  The Riverside New York
  The Villages of Orleans Health and Rehabilitation Center Albion
  Townhouse Center for Rehabilitation & Nursing Uniondale
  Triboro Center for Rehabilitation and Nursing Bronx
  Troy Center for Rehabilitation and Nursing Troy
  Union Plaza Care Center Flushing
  Upper East Side Rehabilitation and Nursing Center New York
  Utica Rehabilitation & Nursing Center Utica
  Valley View Manor Nursing Home Norwich
  Van Duyn Center for Rehabilitation and Nursing Syracuse
  Villagecare Rehabilitation and Nursing Center New York
  Warren Center for Rehabilitation and Nursing Queensbury
  Washington Center for Rehabilitation and Healthcare Argyle
  Waters Edge at Port Jefferson for Rehabilitation and Nursing Port Jefferson
  Waterview Nursing Care Center Flushing
  Wayne County Nursing Home Lyons
  Wayne Health Care Newark
  Wells Nursing Home Inc Johnstown
  Wellsville Manor Care Center Wellsville
  Wesley Gardens Corporation Rochester
  Wesley Health Care Center Inc Saratoga Springs
  West Lawrence Care Center, LLC Far Rockaway
  Whittier Rehabilitation & Skilled Nursing Center Ghent
  Wilkinson Residential Health Care Facility Amsterdam
  Wilkinson Residential Health Care Facility Amsterdam
  Willow Point Rehabilitation and Nursing Center Vestal
  Wingate at Beacon Beacon
  Wingate of Dutchess Fishkill
  Woodcrest Rehabilitation & Residential Health Care Center., LLC College Point
  Woodhaven Nursing Home Port Jefferson Station
  Wyoming County Community Hospital SNF Warsaw
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Rabbi Zvi Feiner Accused of Nursing Home Ponzi Scheme

Rabbi accused of nursing home Ponzi scheme ordered to pay $13M to investor

A North Shore rabbi has been ordered to pay $13 million in his ongoing legal battle over an alleged real estate Ponzi scheme that bilked investors out of more than $35 million.

Zvi Feiner, rabbi of an Orthodox Jewish Congregation in Skokie and head of the Feiner Investment Corporation, stands accused of using his status in the Jewish community to entice investment into nursing homes, which he would acquire and ultimately sell without paying back investors.

His alleged victims include a 90-year-old Holocaust survivor, a group of Jewish day school teachers that lost their life savings in the scheme, and a fellow Orthodox Jewish rabbi and businessman.

Rabbi Sidney Glenner invested more than $25 million in six loans to Feiner’s real estate companies between 2013 and 2015. The money was to be used to invest in nursing and retirement homes, with Feiner offering up as collateral his existing real estate holdings, according to court records.

At the same time Glenner made the loans, Feiner’s businesses began to falter. By 2014, a lien was placed on all of Feiner’s assets by a different investor, complicating Glenner’s investments and his efforts to be repaid.

When Glenner’s loan payments came due, Feiner said he could not pay due to “financial stress,” court documents show. Instead, he offered up various properties. But he already had sold some of the properties, and the value of the collateral is disputed by the two parties, according to court documents.

For example, Glenner in 2013 made a $3.8 million loan to Feiner for a nursing home investment in Downstate Decatur. The Decatur venture is also the subject of other lawsuits against Feiner, in which investors claimed the rabbi would make regular disbursements to investors before abruptly stopping.

Feiner told investors the nursing home’s operator was not paying rent and so he was forced to turn the property over to a lender. Local news reports, however, allege Feiner stopped paying the bills for the facility, causing its operator to close its doors. While the nursing home was open, Feiner borrowed from the facility and never paid it back, according to a previous lawsuit.

Eventually, the building that housed the nursing home was turned over to Glenner. The property was valued at $500,000, but Glenner had to pay $450,000 in unpaid real estate and payroll taxes, court records claim, leaving an the outstanding loan payment at $3.75 million.

In another case, Glenner loaned Feiner $7 million, and Feiner offered up four properties as collateral. When Feiner didn’t make payments on the loan, Glenner sought to take over the properties used as collateral — except Feiner had already sold two of them, according to court records.

In 2017, Glenner sought arbitration against Feiner in the Jewish Ecclesiastical Court of the Chicago Rabbinical Council. The court ordered Feiner to pay $13.2 million in the case. Now, lawyers for Glenner are asking the Cook County Circuit Court to confirm the Rabbinical Court’s ruling.

Feiner could not immediately be reached for comment.

This is at least the fourth lawsuit filed against Feiner involving his nursing home investment enterprise.

In November, the Cohen family of Chicago sued Feiner in federal court, saying he took more than $2 million in investments and never repaid them. One of those investments involves the Decatur nursing home. The family also invested in a South Holland retirement home that Feiner eventually sold for a profit of $3.6 million, which he did not share with investors, the suit alleges.

Earlier this year, a group of investors sued Feiner, saying they invested $15.5 million in his nursing home companies and were never repaid. In September 2017, a federal suit was filed against Feiner, with investors saying the rabbi’s failure to pay them for joint ventures he sold constituted a violation of the RICO Act.

Open Letter to Senator Ortt and Fellow Legislators – Nursing Care in New York

An Open Letter to Senator Ortt and Fellow Legislators:

Re: The Deplorable state of Nursing Homes in New York

As the child of an elder who was evicted-with 123 others in a real estate developer churn of a Nursing Home in Brooklyn, I’ve become fully engaged in these matters & very much appreciate your efforts to get some of the dynamics changed with the two proposed Bills. When I saw this story, in the link that follows, I wanted, with all due respect, to offer my take on what I’ve learned along the way with my personal experience & advocacy.

https://www.whec.com/news/bills-proposed-to-hold-nursing-home-owners-accountable/5193223/

I’m betting the farm that what does get passed will be more optics than substance. What is required will never be written into law-Leading Age, NYSHFA, GNYHA & other LTCF Lobbying groups own too many NYS lawmakers who are currently in Albany. 

I’m going to ask you, if you’re not aware of the ProPublica Oct 2015 investigation, to take a look at it & its indictment of the DOH/Public Health & Health Planning Committee.

 https://www.propublica.org/article/new-york-for-profit-nursing-home-group-flourishes-despite-patient-harm

And…three years later two of SentosaCare’s homes were just sued- same ‘players’

two-city-nursing-homes-sued-inadequate-care-and-staffing

Two city nursing homes sued for inadequate care and staffing

The lawsuits allege that understaffing at the facilities has led to infections and unsanitary conditions

Reality check…this is chronic…this is a business in which for-profit consortia with wide reaching tentacles own the Nursing Home industry in NY…and it has been cited that NYS has among the worst nursing home infractions & standards in America. Shame on us and shame on NY State Senators and Assemblypersons. It’s on you and the Governor!

A real solution? Jail time for criminal behavior towards the weak & vulnerable…overdue justice for victims of evil predatory harm…nothing less. It is an old story that NYS AGs don’t ever prosecute criminal owner/operators…especially former AG Schneiderman. The DOI refuses to investigate the deleterious DOH & PHHPC…we keep asking and they refer the problem home to…the DOH!? But the self-serving and abysmal Dept of Health which has abetted criminal owner/operators & rewarded malefactors with even more licenses-is the default department designated to monitor these very same miscreants!?! Unbelievable failure of stewardship. It must be changed.

In this particular matter you’ve addressed, the owners are parts of other consortia where sub-par facilities are a given-& rarely called to any serious account. Researching these names will provide you with chapter & verse.

https://orleanshub.com/nursing-home-sale-praised-and-panned/ 

“Comprehensive principal owners include Joshua Farkovits, Bernard Fuchs and Mordy Lahasky. They have ownership stakes in other nursing homes besides the ones in Buffalo and Albany.”

These Bills sound nice…but here’s the rub:

A) Will Cuomo sign off on them?

I doubt it.

B) Surprise visits? 

May or may not help-& lack of money to hire sufficient investigators is problematic. As well, as long as there are no ratios to allow sufficient aides & RNs to be hired by nursing home ‘businessmen’ who frankly do not care a whit…continuing bed sores, elopements, psychotropic overmedication to quiet patients are the real problems that ‘surprise visits’ will not mitigate.

C) Independent monitors selected by the shameful PHHPC?

By the inept DOH?!? Believe me when I tell you-appointed ombudsmen (as has been the case) are tagged along by owner/operator management so that residents are fearful to speak about infractions. 

It would also require utilizing independent quality monitors, approved by the DOH, to directly supervise homes found to be non-compliant to ensure violations are addressed and fixed”

D) As for:

    ” The second of Ortt’s pending submissions will prevent any owners of nursing homes found with violations to acquire more properties until they’re rectified, after which there would be a two-year probationary period after the issues are resolved.”

It sounds good, Senator…but here again are three concerns…

    First-because violations are able to be self-reported by the operator…the emptiness of this standard is self-evident. 

    Secondly, the churning within the consortia of ‘investors’ is a revolving door…deals back & forth…two years means nothing when digging deeper-percentages exchanged in wheeling/dealing sub-rosa exchanges.  

    Finally-what is most important, is that until misdemeanors become felonies…all penalties-such as they purport to be, are nothing more than chump change fines -built into the cost of doing business. 

So please forgive my skepticism. 

What can I suggest that would be a positive proposal-you may well ask? Allow a revolving team of Nursing Home Resident family members to meet monthly as the truly independent monitors/reporters to document and to challenge infractions, failures, harm. Enshrine them to be as integral to the determination as the ‘appointed’ monitors. An authentic, no-holds-barred consortia that is calendared in Albany each month to share their findings & present them to the Health & Aging Committees as to what is actually going on. The imbalance of legislator pols (present company excepted!) whose existence relies on self-serving donors will never mitigate this…even as there are more elders in need of more safe long term care facilities…it will not happen with these two Bills, in my humble opinion. When new Bills are written, include the public -we’re the honest brokers with no conflicting favoritism.

New Bills irrespective of how well intentioned MUST be given teeth. This deleterious Governor must allow strong enforcement & unequivocal punishments to be passed into regulatory oversight. Only then will we see  prevention of the government sanctioned torment at life’s end for the most fragile souls…your loved ones and  mine. “

Yours sincerely,

A Concerned Citizen

 

Compare Nursing Homes in New York – the Unrated and the 1 – Star Rated – DO NOT IGNORE THIS!

Compare Nursing Homes in New York

Research and compare ratings for nursing homes in the state of New York. There are 622 nursing homes listed. There are 161 nursing homes with a 5 star rating, 122 nursing homes with a 4 star rating, and 92 homes with only a 1 star rating.

Name Rating Address

Bronx Gardens Rehabilitation & Nursing Center

No Rating Available

2175 Quarry Rd Bronx 10457

Carthage Area Hospital S N F

No Rating Available

1001 West Street Road Carthage 13619

Concord Nursing Home Inc

No Rating Available

300 Madison Street Brooklyn 11216

E C M C Transitional Care Unit

No Rating Available

462 Grider Street Buffalo 14215

Lawrence Nursing Care Center

No Rating Available

350 Beach 54th Street Arverne 11692

New Roc Nursing and Rehabilitation Center

No Rating Available

1335 Portland Ave Rochester 14621

Palisade Nursing Home Company

No Rating Available

5901 Palisade Avenue Bronx 10471

Pelham Parkway Nursing Center and Rehab Facility

No Rating Available

2401 Laconia Ave Bronx 10469

Schaffer Extended Care Center, Inc

No Rating Available

16 Guion Place New Rochelle 10802

The Steven and Alexandra Cohen Ped L T C Pavilion

No Rating Available

95 Bradhurst Ave Valhalla 10595

Wells Nursing Home Inc

No Rating Available

201 W Madison Avenue Johnstown 12095

Absolut Center for Nursing & Rehab Allegany L L C

 1 / 5

2178 North Fifth Street Allegany 14706

Absolut Center for Nursing & Rehab Aurora Park L L C

 1 / 5

292 Main Street East Aurora 14052

Absolut Center for Nursing & Rehab Dunkirk L L C

 1 / 5

447 449 Lake Shore Drive West Dunkirk 14048

Absolut Center for Nursing & Rehab Endicott L L C

 1 / 5

301 Nantucket Drive Endicott 13760

Absolut Center for Nursing & Rehab Houghton L L C

 1 / 5

9876 Luckey Drive Houghton 14744

Absolut Center for Nursing & Rehab Orchard Park L L C

 1 / 5

6060 Armor Road Orchard Park 14127

Absolut Center for Nursing & Rehab Three Rivers L L C

 1 / 5

101 Creekside Drive Painted Post 14870

Absolut Center for Nursing & Rehab Westfield L L C

 1 / 5

26 Cass Street Westfield 14787

Albany County Nursing Home

 1 / 5

780 Albany Shaker Road Albany 12211

Aurelia Osborn Fox Memorial Ho

 1 / 5

One Norton Avenue Oneonta 13820

Barnwell Nursing and Rehabilitation Center

 1 / 5

3230 Church Street Valatie 12184

Beechtree Center for Rehabilitation and Nursing

 1 / 5

318 South Albany Street Ithaca 14850

Bethany Gardens Skilled Living Center

 1 / 5

800 West Chestnut Street Rome 13440

Bethlehem Commons Care Center

 1 / 5

125 Rockefeller Road Delmar 12054

Betsy Ross Rehabilitation Center

 1 / 5

1 Elsie Street Rome 13440

Bridge View Nursing Home Inc

 1 / 5

143 10 20th Ave Whitestone 11357

Bridgewater Center for Rehab & Nursing L L C

 1 / 5

159 163 Front Street – Box 765 Binghamton 13902

Brighton Manor

 1 / 5

989 Blossom Road Rochester 14610

Capstone Center for Rehabilitation and Nursing

 1 / 5

302 Swart Hill Road Amsterdam 12010

Cayuga Ridge Extended Care

 1 / 5

1229 Trumansburg Road Ithaca 14850

Chautauqua County Home

 1 / 5

10836 Temple Road Dunkirk 14048

Comprehensive Rehab & Nursing Center at Williamsville

 1 / 5

147 Reist Street Williamsville 14221

Corning Center for Rehabilitation and Healthcare

 1 / 5

205 East First Street Corning 14830

Creekview Nursing and Rehab Center

 1 / 5

525 Beahan Road Rochester 14624

Crown Park Rehabilitation and Nursing Center

 1 / 5

28 Kellogg Road Cortland 13045

Emerald North Nursing and Rehabilitation Center

 1 / 5

1205 Delaware Avenue Buffalo 14209

Essex Center for Rehabilitation and Healthcare

 1 / 5

Po Box 127 Elizabethtown 12932

Evergreen Commons Rehab & Nursing Center

 1 / 5

1070 Luther Road East Greenbush 12061

Far Rockaway Center for Rehabilitation and Nursing

 1 / 5

13 11 Virgina St Far Rockaway 11691

Fiddlers Green Manor Rehabilitation & Nursing Center

 1 / 5

168 West Main Street Springville 14141

Focus Rehabilitation and Nursing Center at Otsego 

 1 / 5

128 Phoenix Mills Cross Road Cooperstown 13326

Focus Rehabilitation and Nursing Center at Utica

 1 / 5

1445 Kemble Street Utica 13501

Gowanda Rehabilitation and Nursing Center

 1 / 5

100 Miller Street Gowanda 14070

Grace Plaza Nursing and Rehabilitation Center

 1 / 5

15 St Pauls Place Great Neck 11021

Hempstead Park Nursing Home

 1 / 5

800 Front Street Hempstead 11550

Heritage Health Care Center

 1 / 5

1657 Sunset Ave Utica 13502

Hilaire Rehab & Nursing

 1 / 5

9 Hilaire Drive Huntington 11743

Humboldt House Rehabilitation and Nursing Center

 1 / 5

64 Hager Street Buffalo 14208

Indian River Rehab and Nursing Center

 1 / 5

17 Madison Street Granville 12832

James Square Nursing and Rehab Centre

 1 / 5

918 James Street Syracuse 13203

Jennie B Richmond Chaffee Nursing Home Co., Inc.

 1 / 5

222 East Main Street Springville 14141

Jewish Home of Central New York

 1 / 5

4101 E Genesee St Syracuse 13214

Katherine Luther Residential Hlth Care & Rehab

 1 / 5

110 Utica Road Clinton 13323

King David Center for Nursing and Rehabilitation

 1 / 5

2266 Cropsey Avenue Brooklyn 11214

Livingston Hills Nursing & Rehabilitation Center

 1 / 5

2781 Route 9 , P O Box 95 Livingston 12541

Meadow Park Rehab Health Center LLC

 1 / 5

78-10 164th Street Flushing 11366

Medford Multicare Center for Living 

 1 / 5

3115 Horseblock Road Medford 11763

Midway Nursing Home Inc

 1 / 5

69 95 Queens Midtown Expressway Maspeth 11378

Nesconset Center for Nursing and Rehabilitation

 1 / 5

100 Southern Boulevard Nesconset 11767

Newfane Rehab and Health Care Center

 1 / 5

2709 Transit Rd Newfane 14108

Niagara Rehabilitation and Nursing Center

 1 / 5

822 Cedar Avenue Niagara Falls 14301

Ontario Center for Rehabilitation and Healthcare

 1 / 5

3062 County Complex Drive Canandaigua 14424

Orchard Manor Rehabilitation and Nursing Center

 1 / 5

600 Bates Road Medina 14103

Palatine Nursing Home

 1 / 5

154 Lafayette Street Palatine Bridge 13428

Peninsula Nursing and Rehabilitation Center

 1 / 5

50 15 Beach Channel Drive Far Rockaway 11691

Pontiac Nursing Home

 1 / 5

303 East River Road Oswego 13126

River Ledge Health Care and Rehabilitation Center

 1 / 5

8101 State Highway 68 Ogdensburg 13669

Riverside Center for Rehabilitation and Nursing

 1 / 5

90 No Main Street Castleton on Hudson 12033

Riverview Manor Health Care Center

 1 / 5

510 Fifth Avenue Owego 13827

Rosewood Rehabilitation & Nursing Center

 1 / 5

284 Troy Road Rensselaer 12144

Safire Rehabilitation of Northtowns, L L C

 1 / 5

2799 Sheridan Drive Tonawanda 14150

Safire Rehabilitation of Southtown, L L C

 1 / 5

300 Dorrance Avenue Buffalo 14220

Samaritan Keep Nursing Home Inc

 1 / 5

133 Pratt St Watertown 13601

Samaritan Senior Village, Inc

 1 / 5

22691 Campus Drive Watertown 13601

Saratoga Center for Rehab & Skilled Nursing Care

 1 / 5

149 Ballston Avenue Ballston Spa 12020

Sodus Rehabilitation & Nursing Center

 1 / 5

6884 Maple Ave Sodus 14551

St Johnsville Rehab & Nursing

 1 / 5

7 Timmerman Avenue Saint Johnsville 13452

St Luke Health Services

 1 / 5

299 East River Road Oswego 13126

Suffolk Center for Rehabilitation and Nrsg

 1 / 5

25 Schoenfeld Blvd Patchogue 11772

Sunnyside Care Center

 1 / 5

7000 Collamer Rd East Syracuse 13057

Teresian House Nursing Home Co

 1 / 5

200 Washington Ave Ext Albany 12203

The Citadel Rehab & Nursing Center at Kingsbridge

 1 / 5

3400 -26 Cannon Place Bronx 10463

The Commons on St Anthony Street, a Loretto S N F

 1 / 5

3 St Anthony Street Auburn 13021

The Grand Rehabilitation & Nursing at Guilderland

 1 / 5

428 State Route 146 Altamont 12009

The Hurlbut

 1 / 5

1177 East Henrietta Rd Rochester 14623

The Orchard Nursing and Rehabilitation Centre

 1 / 5

10421 State Route 40 Granville 12832

The Pines at Glens Falls Center for Nrsg & Rehab

 1 / 5

170 Warren Street Glens Falls 12801

The Pines Healthcare & Rehabilitation Center Olean

 1 / 5

2245 West State Street Olean 14760

The Shore Winds

 1 / 5

425 Beach Avenue Rochester 14612

The Stanton Nursing and Rehab Centre

 1 / 5

152 Sherman Avenue Glens Falls 12801

The Villages of Orleans Health and Rehab Center

 1 / 5

14012 Route 31 Albion 14411

Townhouse Center for Rehabilitation & Nrsg

 1 / 5

755 Hempstead Turnpike Uniondale 11553

Unity Living Center

 1 / 5

89 Genesee Street Rochester 14611

Utica Rehabilitation & Nursing Center

 1 / 5

2535 Genesee Street Utica 13501

Valley Health Services Inc

 1 / 5

690 West German Street Herkimer 13350

Van Duyn Center for Rehabilitation and Nursing

 1 / 5

5075 West Seneca Turnpike Syracuse 13215

Vestal Park Rehabilitation and Nursing Center

 1 / 5

1501 Route 26 South, Vestal 13850

Washington Center for Rehabilitation & Healthcare

 1 / 5

Route 40 Argyle 12809

Wesley Gardens Corporation

 1 / 5

3 Upton Park Rochester 14607

Wesley Health Care Center

 1 / 5

131 Lawrence Street Saratoga Springs 12866

Williamsville Suburban L L C

 1 / 5

163 South Union Road Williamsville 14221

Willow Point Rehabilitation and Nursing Center

 1 / 5

3700 Old Vestal Road Vestal 13850

Nursing Home Report, Non-NY Highest Fined, Widespread Neglect – Is this Really Where you Want to Send your Most Vulnerable for Care?

To our Readers:

This is part of our ongoing effort to spark government reform on behalf of our elderly and most vulnerable. Many of our elderly are living in deplorable conditions, understaffed, under cared for and largely ignored.

Fines (as listed below) are paid because it is far cheaper than fixing the problems. Owners see dollars over care, as evidenced by the reports listed below; and patients are getting, at best, substandard care. If you open the link, there is information about each and every home on the list, many of which have widespread problems listed.

The ONLY way that these places will be held accountable to their patients is if people, the public at large, refuse to send their elderly to stay at any of these homes. If they do not have the beds filled, they will either be forced to improve or to close. You, our dear readers, do have a choice. You do have a say. Please pay attention.

And, if you have a loved one staying at one of these places, if you see something, report it. Report to Medicaid and Medicare if there is fraudulent behavior going on. If your loved one is not getting the care you want, be loud. Be angry. Be an advocate. Don’t sit by and expect to get the right answers.

Nursing and rehabilitation care is ultimately a business. There are few, if any, acts of altruism. If the person who owns the home sees only dollar signs, your loved one is nothing more than a cash cow.  Our elderly deserve better.

See below. 

Highest Fines for Nursing Homes

Top 100 Fine Dollar Amounts

No. Name (State) Fine Date Fine Amount
1 Golden Living Center – Morgantown (WV) October 17, 2016 $1,508,727
2 Salem Transitional Care (OR) December 30, 2015 $1,219,608
3 Wellspring Health & Rehabilitation of Cascadia (ID) July 19, 2016 $1,127,000
4

Owned by Robert Robbie Hartman of Chicago and Isaac Neuberger of Baltimore

Brinton Woods Health & Rehab Center of Pikesville (MD) September 13, 2016 $788,696
5 Creekside Health and Rehabilitation Center (TN) June 16, 2016 $766,774
6 Consulate Health Care of Melbourne (FL) January 28, 2017 $724,707
7 Life Care Center of Lawrenceville (GA) November 4, 2016 $704,352
8 Nhc Place at Cool Springs (TN) August 14, 2015 $663,500
9 Cordele Health and Rehabilitation (GA) August 4, 2016 $650,000
10 Orchard View Rehabilitation & Skilled Nursing Center (GA) January 8, 2016 $637,455
11 Ballenger Creek Center (MD) August 2, 2016 $624,658
12

Owned by Ira Smedra from Los Angeles

Danville Centre for Health and Rehabilitation (KY) February 27, 2017 $616,110
13 Medical Management Health and Rehab Center (GA) January 29, 2016 $608,531
14 Montvue Nursing Home (VA) August 14, 2015 $603,027
15 Northeast Atlanta Health and Rehabilitation Center (GA) November 9, 2016 $594,680
16 Hurstbourne Care Centre at Stony Brook (KY) May 22, 2015 $579,458
17 Pruitthealth-high Point (NC) December 30, 2014 $566,280
18 Community Care of Rutherford (TN) July 29, 2015 $548,500
19 Golden Living Center – Riverside (WV) December 18, 2015 $541,385
20 Avante at Orlando Inc (FL) January 5, 2017 $538,715
21 Signature Healthcare at St Peter Villa (TN) August 28, 2015 $526,435
22 Excel Care Center (FL) May 1, 2015 $524,909
23 Signature Healthcare at North Hardin Rehab & Welln (KY) February 25, 2016 $523,868
24

Owned by Eli Gunzburg of Cleveland

Westport Care Center (KY) June 3, 2015 $508,495
25 Clairemont Healthcare & Wellness Centre, LLC (CA) August 11, 2014 $490,130
26 Brinton Woods Health & Rehab Center of Pikesville (MD) December 3, 2015 $476,808
27 Madison Pointe Care Center (FL) May 21, 2015 $472,805
28 Blount Memorial Trans Care Center (TN) October 2, 2014 $465,465
29 Signature Healthcare at St Peter Villa (TN) August 27, 2014 $449,248
30 Manorcare Health Services – Adelphi (MD) May 19, 2016 $435,500
31 Fox Chase Rehab & Nursing Center (MD) August 3, 2016 $429,590
32 Glenwood Healthcare (GA) November 18, 2016 $428,837
33 Diversicare of Nicholasville (KY) February 6, 2015 $425,000
34 Windermere Health and Rehabilitation Center (GA) August 5, 2016 $418,893
35 Wilora Lake Healthcare Center (NC) July 17, 2015 $415,679
36 Manorcare Health Services – Wilmington (DE) June 9, 2016 $414,854
37 Community Place (MS) October 19, 2014 $411,483
38 South Haven Health and Rehabilitation Center (AL) November 3, 2016 $402,540
39 Bernard Care Center (MO) February 19, 2015 $399,800
40 Prestonsburg Health Care Center (KY) July 30, 2015 $393,250
41 Princeton Health & Rehab Center, Inc (KY) September 12, 2014 $386,750
42 Manorcare Health Services – Woodbridge Valley (MD) September 10, 2015 $381,000
43 Stanton Nursing and Rehabilitation Center (KY) August 6, 2015 $377,738
44 University Center East (FL) May 8, 2015 $372,980
45 Mt Pleasant Healthcare and Rehabilitation (TN) November 3, 2016 $370,728
46 Fairview at Redstone Village (AL) January 31, 2015 $364,130
47 Forest Ridge Health & Rehab (WA) December 12, 2016 $363,272
48 Mountain View Nursing and Rehabilitation Center (KY) November 23, 2015 $357,338
49 Millennium Nursing & Rehab Center, Inc (AL) September 24, 2015 $354,380
50 Palm Garden of Clearwater (FL) April 13, 2017 $350,628
51

Owned by Ronald Wilhelm and his father-in-law from Cleveland, Ohio

Clinton Healthcare Center (MD) February 22, 2016 $350,500
52 Phoenixville Care and Rehabilitation Center (PA) August 12, 2016 $346,958
53 Anderson Mill Health and Rehabilitation Center (GA) January 20, 2016 $339,886
54 Deer Lodge (MT) February 2, 2017 $339,586
55 Haines City Health Care (FL) August 26, 2016 $339,385
56 Autumn Care of Drexel (NC) January 30, 2015 $337,968
57 Smith Medical Nursing Care Center (GA) December 15, 2016 $329,324
58 Woodley Manor Health & Rehabilitation (AL) May 7, 2016 $329,030
59 Pruitthealth – Shepherd Hills (GA) March 21, 2016 $325,098
60 Honorage Nursing Center (SC) January 13, 2017 $319,133
61 Twin Rivers Nursing and Rehab Center (KY) May 20, 2016 $314,990
62 Jefferson Nursing and Rehabilitation Center (TX) November 29, 2016 $313,400
63 Valley Nursing Center (NC) July 24, 2015 $311,625
64 Rainier Rehabilitation (WA) April 19, 2016 $311,253
65 Paul E Patton Eastern Ky Veterans Center (KY) January 15, 2015 $306,833
66 Iredell Memorial Hospital Inc (NC) April 20, 2016 $303,100
67 Signature Healthcare of Hart County Rehab & Wellne (KY) December 30, 2015 $301,600
68 Savoy Nursing & Rehab Center (MA) December 5, 2016 $298,766
69 Blue Point Healthcare Center (MD) January 15, 2015 $296,024
70 Mount Vista Rehabilitation and Health Center (AR) October 23, 2015 $292,200
71 Glenbridge Health and Rehabiltation Center (NC) February 27, 2015 $290,197
72 Good Samaritan Society – Silver Wood Village (ID) June 24, 2016 $289,597
73 Paramount Rehabilitation and Nursing (WA) June 24, 2016 $287,430
74 Brookdale Atrium Way 2 (FL) February 25, 2015 $286,130
75 Riverview Health Care Center (KY) January 25, 2017 $282,638
76 Lake Park Nursing and Rehabilitation Center (NC) November 2, 2016 $277,052
77 Lewis Memorial Christian Vlg (IL) February 6, 2015 $275,960
78 Edmonson Center (KY) December 19, 2014 $273,910
79 Rehabilitation and Health Center of Gahanna The (OH) February 15, 2017 $273,833
80 Riverside Health and Rehab (SC) March 3, 2015 $271,408
81 Magnolia Manor – Greenville (SC) December 14, 2016 $271,263
82 Woodlands Nursing & Rehabilitation Center (NC) January 20, 2017 $270,073
83 Orangeburg Rehabilitation and Healthcare Center (SC) September 15, 2015 $265,790
84 Pacific Specialty & Rehab Care (WA) October 25, 2016 $265,785
85 Prairie View Cr Center-lewistown (IL) August 27, 2014 $265,000
86 Consulate Health Care of Melbourne (FL) June 10, 2015 $258,635
87 Largo Health and Rehabilitation Center (FL) July 25, 2016 $255,041
88 Pineville Rehabilitation and Living Center (NC) March 1, 2017 $252,915
89 Compass Post Acute Rehabilitation (SC) April 21, 2016 $249,422
90 Windsor Healthcare Center of Oakland (CA) May 26, 2015 $246,750
91 Longleaf Neuro-medical Treatment Center (NC) August 20, 2016 $243,407
92 Eamc Lanier Nursing Home (AL) June 24, 2016 $243,003
93 Bermuda Commons Nursing and Rehabilitation Center (NC) August 27, 2014 $241,670
94 Blue Ridge in the Fields, LLC (SC) August 3, 2015 $240,386
95 Manorcare Health Services – Rossville (MD) June 30, 2015 $240,305
96 Cherrydale Health and Rehabilitation Center (VA) June 30, 2016 $239,850
97 Brookhollow Heights Transitional Care Center (TX) January 16, 2015 $239,655
98 Venetian Care & Rehabilitation Center (NJ) May 17, 2016 $239,547
99 Ridgeview Healthcare and Rehabilitation Center (PA) November 14, 2016 $239,379
100 Westminster Village Health (DE) August 26, 2016 $239,168

Holding Nursing Home Owners Accountable for Compliance Violations and Deplorable Care

Ortt backing package of bills aimed at greater accountability of nursing home owners

When the new legislative session begins in Albany in January, State Senator Robert Ortt will be submitting two bills – and putting his support behind an already forwarded piece of legislation – that supporters say will hold owners of nursing more homes accountable for compliance violations.

Ortt, a Republican whose district covers the northern counties of Western New York, wants to create unscheduled inspections of nursing homes and under one of his two bills, 40 percent of those surprise visits would come outside regular business hours, including nights, weekends and even holidays.

Kelly Bentley, whose grandmother resides in a nursing home, speaks of some of the problems including injuries her loved one has suffered in her residence. Standing with her and listening at the podium is State Senator Robert Ortt, who is pushing for a series of bills in 2019 that he says will hold owners of non-compliant nursing homes more accountable.
CREDIT MICHAEL MROZIAK, WBFO

 

Under the current rules, facilities are given advance warning of a pending visit which, Ortt points out, gives many the opportunity to make the adjustments which keep them in good graces while the inspectors are watching.

“Even myself, when I went to a facility, naturally we told them we were coming,” said Ortt, whose committee positions includes chairing the Senate’s Mental Health and Devrelopmental [sic] Disabilities Committee. “I was told after the visit – and I’ve gone through a couple – by residents and family members who called my office, and pleaded that I not tell anybody that they called… they said ‘what you saw yesterday was not how it normally is.'”

The second of Ortt’s pending submissions will prevent any owners of nursing homes found with violations to acquire more properties until they’re rectified, after which there would be a two-year probationary period after the issues are resolved.

Supporting Ortt’s legislation is Kelly Bentley, who chairs the Family Council of the Villages of Orleans Health and Rehabilitation Center. Her grandmother, Florence Moden, has suffered abuses in her nursing home, according to Bentley, most recently as early December. Despite the family’s complaints, she says, the problems have not been addressed.

“This is going to protect them,” she said. “This is our future, our fate. Im sorry, but we have to have some changes in Albany that are going to come back and ensure that we as family members, who have entrusted someone to care for our loved ones, that they’re actually going to receive that.”

He is also throwing his support behind a proposal submitted this past May by outgoing State Senator Kemp Hannon that gives the New York State Department of Health more powers to fine violators. It would also require utilizing independent quality monitors, approved by the DOH, to directly supervise homes found to be non-compliant to ensure violations are addressed and fixed.

“Right now, there’s a nursing home that’s failing. They have to come up with a corrective action plan. Who makes sure that they do that?” Ortt asked. “Right now, I guess really the answer is we don’t know. We hope that they comply. If they don’t, maybe we get a complaint or call, but there’s no one on site to hold the feet to the fire of the facility.”

Hannon, the original sponsor of the bill which includes independent quality monitors, was defeated in the November elections and will leave office after nearly three decades. Ortt, who is certain to lose his chair position in the Mental Health and Developmental Disabilities Committee when Democrats assume the majority in January, acknowledged the challenge of forwarding his bills under new leadership. 

He’s hopeful, though, that his legislation will gain the support needed to be forwarded to Andrew Cuomo’s desk later in 2019. 

To read the remainder of the article click, here.

 

Ohio Court Ruling Favoring Surviving Spouse as Against Nursing Home

Local nursing-home owner, state association appeal Supreme Court decision

Lawyers for the owners of Carlisle Manor appealed a Ohio Supreme Court decision in a case over billing surviving spouses for bills left by loved ones who have died. STAFF/LAWRENCE BUDD

 

The Ohio Health Care Association is urging the Ohio Supreme Court to reconsider a decision seen by some as relief for surviving spouses in the state facing bills for the care of deceased loved ones.

On Dec. 12, the state’s high court ruled 5-2 that Embassy Healthcare should have filed a claim with the estate of a Warren County widow’s husband before pursuing payment from her for his care under Ohio’s “necessaries” statute.

The decision reversed an appeals court ruling favoring the health-care provider.

RELATED: Advocates say Warren County case a big win for Ohio seniors

Advocates for seniors said the ruling would have far-reaching implications for surviving spouses facing bills for the care of loved ones who have died.

In urging reconsideration, a lawyer representing the owner of the nursing home, Carlisle Manor in Warren County, questioned the implications of the ruling for other senior health-care providers.

“Must they follow this case and engage in the futile act (as the dissent rightly notes) of opening an estate (likely naming the creditor as administrator), present the claim to the administrator, and have that claim denied by the self-same creditor for insufficient assets?” Susan Audey, the lawyer filing for Embassy Healthcare, asked in a motion to reconsider and clarify the decision.

“The unintended consequence to loved ones of requiring this expedited inquiry so soon after the death to preserve a creditor’s claims appears harsh, stressful, and unfair to the bereaved survivors,” Audey added in her Dec. 21 motion for reconsideration and clarification.

RELATED: Paying dead spouse’s bills at issue in Ohio Supreme Court case

On Christmas Eve, the health care association, representing 1,000 nursing homes, assisted living center and service providers, filed the brief in support of the motion.

“The Court’s decision creates an ambiguity that will lead to further confusion,” lawyer David Brown said.

The case stems from a lawsuit originally filed by Embassy, the nursing-home owner, against widow Cora Sue Bell in Franklin Municipal Court over bills owed for care of her husband, Robert, who had died.

RELATED: Warren County widow winds nursing home fight over dead spouse’s bills

In filings urging the state’s high court to rethink their decision and its implications, Brown and Audey point to a 1990 ruling.

In 1990, in Ohio State University Hospital v. Kinkaid, the court “found no such requirement in a case where a health care provider-creditor, not unlike Embassy Healthcare here, sought payment for unpaid medical-care necessaries from a spouse after the decedent’s death and after the time for presenting claims to an estate expired,” Audey said in her motion.

Bell’s lawyer and those who filed briefs in support of her Ohio Supreme Court appeal have until Monday to argue against reconsideration.

A lawyer with one of the groups backing Bell’s case, the Legal Aid Society of Columbus, said he wasn’t surprised.

“Anytime a corporation loses at the Supreme Court level, it’s probably not a bad idea to file for reconsideration,” Scott Turguson said. “There’s a lot of money involved.”

Turguson was unsure if he or others who supported the appeal by Pro Seniors, a senior advocacy group in Cincinnati, would file responses.

He expressed confidence that the decision would stand, while pointing out two new Supreme Court justices would be joining the court in January.

I think it’s very unlikely. Anything’s possible,” Turguson said.

Miriam Sheline, the lawyer behind the successful high-court appeal, said the arguments in the latest motion were nothing new and predict the ruling will stand.