Holding Nursing Home Owners Accountable for the Deplorable Conditions of their Facilities, NY

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

Bills proposed to hold nursing home owners accountable

December 28, 2018 06:25 PM

Following a year-long News10NBC investigation into the horrific conditions some were living in while being patients at Sodus Rehabilitation and Nursing Center, there’s a new push to change state law to help keep people in nursing homes safe.  

News10NBC has been exposing the care and conditions inside Sodus Rehabilitation and Nursing Center after more than a dozen patients and family members stepped forward with horror stories about the physical conditions, food, cleanliness and lack of staffing inside.

Some of the more egregious accounts come from those who were rehabilitation patients and nearly lost limbs, they say, because of inadequate medical care.    

The CEO of the company that owns Sodus Rehabilitation and Nursing Center refused to answer any of News10NBC Investigative Reporter Jennifer Lewke’s questions when she tracked him down at one of his downstate nursing homes.

He asked her to leave the property and then called the police.  

Lewke also went to Albany to find the Commissioner of the New York State Department of Health, Dr. Howard Zucker.

Dr. Zucker’s department is tasked with regularly inspecting nursing homes. “I’ve seen your reports and I’ve been following what you’re doing and our entire team has been on this issue,” he told News10NBC.

But Senator Robert Ortt of Lockport doesn’t think that’s good enough.

“In many cases, these people have nowhere else to go. This is their only spot, their only opportunity and so no matter how bad the service, no matter how terrible the care, they still stay there and the owner still gets paid,” Ortt said at a press conferencing announcing new legislation to strengthen protections.

Ortt’s set of bills would require independent quality monitors to enforce compliance with corrective plans when problems are identified. He also wants at least 40 percent of nursing home inspections to be conducted on nights, weekends and holidays.

Ortt’s legislation, if approved, would also prevent current nursing home owners from buying new facilities while their current properties are facing violations and/or compliance issues.

“Look, I’m all for making money but if you’re going to buy a nursing home and you’re going into that business, you’re going to make money the right way. You’re not going to make it on the backs of our loved ones, on the backs of our seniors with providing them terrible, terrible care,” Ortt added. 

RELATED STORIES

NYS health commissioner reacts to News10NBC investigation into Sodus nursing home

Exclusive: News10NBC tracks down the owner of Sodus nursing home

Outrage grows over conditions inside Sodus nursing home

Families: Loved ones in Sodus nursing home are in imminent danger

Former Sodus nursing home patient: “I would have laid in that bed and died”

GRAPHIC VIDEO WARNING: Horrifying video of medical situation at Sodus nursing home

Are staffing shortages leading to subpar care at Sodus nursing home?

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The Silver Standard: Legal information about Financial Elder Abuse and involuntary Guardianship for your state. — The PPJ Gazette

Editor’s note: The Silver Standard is building one of the most useful, documented and resourced webpages for educating families and seniors on the risks and rights of the elderly and their families. Be sure to join this site for up to date, relevant information on the state of the elderly in YOUR state. The Silver […]

via The Silver Standard: Legal information about Financial Elder Abuse and involuntary Guardianship for your state. — The PPJ Gazette

Healthcare Abuse and Neglect – NYS – A Whistle-blower’s Account, Video

Published on May 1, 2017

THE G-MAN INTERVIEWS: JACK HALPERN

Whistleblower Says Managed Long-Term Care and Home Health Agencies Have No Real Oversight in NYS, Warns the Elderly Will Continue to Be Abused or Die

**FAIR USE NOTICE**

These Videos May Contain Copyrighted (©) Material. The Use of Which Has Not Always Been Specifically Authorized by The Copyright Owner. Such Material is Made Available to Advance Understanding of Ecological, Political, Human Rights, Economic, Democracy, Scientific, Moral, Ethical, Social Justice Issues, Teaching, and Research. It is believed that this Constitutes a ”Fair Use” of Any Such Copyrighted Material as Provided For in Section 107 of the US Copyright Law. In Accordance With Title – 17 U.S.C. Section 107, This Material is Distributed Without PROFIT to Those Who Have Expressed a Prior General Interest in Receiving Similar Information For Research and Educational Purposes. For More Information: http://www.law.cornell.edu/uscode

Welcome.

Jack Halpern, who’s made two previous appearances on this show, is the CEO of the New York City-based “My Elder Advocate, LLC”, an organization provides advocacy services and helps seniors with issues such as eviction prevention, nursing home or assisted living placement and long term care planning.

Mr. Halpern, a 40-year veteran of the industry, joins me to explain why Managed Long-Term Care, also known as MLTCs, and home health care agencies in New York State have no real oversight, He will also explain why he believes thousands of seniors will continue to be abused or die as a result.

The interview was conducted on April 24, 2017.

Information pertaining to this episode is available through the following links:

My Elder Advocate, LLC.
http://myelderadvocate.com/

Home Health Care News
http://homehealthcarenews.com/

SentosaCare – Filipino Nurses – October 2015 – Accountability (or the lack thereof) and Politics

Ben Landa – a Comment to Our Previous PostSentosaCare and Google

LostMessiah – 20.04.17

After reading one of the “glowing endorsements” of Ben Landa we received in the comments to our previous posting, and in an effort to stay true to investigating the voracity of our commenter’s claims that the staff at SentosaCare is happy in their positions, we decided to do as the commenter asked, “Google.”

Much to our chagrin, there were numerous glowing articles about SentosaCare and Ben Landa all of which, unsurprisingly, were posted on SentosaCare’s websites, Twitter feeds, Facebook pages or those of SentosaCare’s affiliates and partners. We also found glowing reviews of Ben Landa, also on his own website, LinkedIn pages and Twitter feeds.  Unsurprising, there were no flowery reports about Ben Landa being a “great guy.”

In fact, among the many things we found on our Google search (completed at the request of the commenter) were a string of lawsuits against SentosaCare, the most chilling of which related to the company’s treatment of its Filipino staff. We were surprised to find a string of repeated accusations dating back to 2004 and elder care issues at Fensterman’s nursing home in 2003 and earlier.  But Fensterman was not the subject of our commenter’s words of praise. We were thus shamed into realizing that not enough has been said about SentosaCare, Ben Landa, Howard Fensterman and the political gamesmanship that has facilitated, if not out rightly endorsed these facilities.

We discovered, thanks to our commenter, that the most interesting and unsettling explanation for the success of these facilities can be found at least as early as 2005. There are certainly numerous articles supporting our repeated contentions that politics and the political generosity of the owners of these homes are like binary stars, functioning because they feed off each other like parasites. Political clout knows no bounds and moral bankruptcy can likely not be crammed down.

The reality of today could not be better described than it was in an article from  2007 by Michael Amon and Ridgely Ochs entitled:

“How a Long Island Nursing Home Empire Got Its Way”

/01/05/how-a-long-island-nursing-home-empire-got-its-way/

Instead of posting that article, which only serves to outline the history of behavior found in our previous post, we decided to post the text of an article found on the website of a South Carolina law firm. While we know nothing at all about this firm, their words speaks volumes.

DISCLOSURE STATEMENT:

In the interest of full disclosure, this posting is not an endorsement of the law firm quoted nor is it an advertisement on behalf of the law firm. We know nothing about the law firm or their services but are simply posting information we found in a Google search. We felt it important to show that we indulged the request of one of our commenters and the results of that request led us here. – LM

 

SENTOSACARE: WHAT HAPPENS WHEN PEOPLE AREN’T PUT FIRST?

POSTED BY CHRISTIAN & DAVIS LLC || 29-OCT-2015

With more than 5000 beds in 25 facilities, SentosaCare, LLC is now the largest nursing home network in the state of New York. However, a quick look into the record of complaints, fines, and violations is enough to make one wonder how SentosaCare is allowed to run one facility, let alone acquire dozens more.

In one particularly harrowing story, a 60 year old patient was placed into a SentosaCare facility to recover from a diabetic emergency. He entered the facility with minor wounds on his foot, and expected them to heal over the six weeks he planned to stay at the home. However, his “recovery” soon led to an emergency hospital visit, as negligence by caretakers led to a severe infection which required amputating his foot.

Why is SentosaCare Being Allowed to Expand?

In New York, prospective buyers of nursing home facilities must pass a “character-and-competence” review before the transaction will be allowed. The Public Health and Health Planning Council is supposed to deny these deals when they find that the facilities have repeat violations which could potentially put the residents at risk. The Council works primarily off of reports and records compiled by the Department of Health.

However, the Department of Health has regularly excluded or failed to report major violations, including more than 20 federal fines which SentosaCare facilities have been ordered to pay. Inspections reports have indicated numerous instances of residents wandering away, and in one case, freezing to death. Prosecutors and inspectors alike have found that staff members have falsified records. Despite this, the Department of Health found that SentosaCare homes provide a “substantially consistent high level of care.”

We Fight for Those Who Can’t

There are dozens, if not hundreds, of instances of improper patient care in SentosaCare facilities. While this group appears to be particularly troubled, similar abuse and neglect unfortunately occurs in facilities around the country. The Department of Health and Human Services’ inspector general has even stated that one-third of all Medicare patients suffered preventable harm in a nursing home within one month of being admitted for short-term rehab. For more information, read this recent ProPublica article.

At Christian & Davis, LLC, our Greenville nursing home abuse attorneys are proud to stand up for the rights of the elderly. We believe that when you put your loved one into a nursing home, they deserve to receive a high standard of care – and the law is on our side. If someone you love has suffered abuse or neglect at the hands of nursing home staff, contact our firm immediately to pursue justice.

Hold negligent or abusive nursing homes accountable for their actions. Call (864) 408-8890 today for experienced, compassionate counsel.

Sentosa, Lawsuits, ProPublica, Filipino Servitude, Elder Abuse, ENOUGH?!

fILIPINO.case.108934

WHEN IS ENOUGH- ENOUGH?

SENTOSACARE’S ALLEGED ABUSES CONTINUE AS ALLEGED!

In a March 14, 2017 McKnight’s story on the class action complaint filed against SentosaCare for allegedly keeping 350 Filipino nurses in ‘indentured servitude,’ the author adds another example of the abuse of a system intended to protect our frail and vulnerable elderly.

http://www.mcknights.com/news/new-yorks-largest-for-profit-snf-operator-kept-nurses-in-indentured-servitude-lawsuit-claims/article/643845/

Notwithstanding the detailed ProPublica Oct 2015 revelations about PHHPC and SentosaCare’s malfeasance, the Cuomo appointed agency has nonetheless facilitated the licensure of one of the stakeholders of SentosaCare-Benjamin Landa to purchase Briarcliff Manor. Operators of the largest skilled nursing facility consortia in New York State, with repeated articles regarding their treatment of both staff and patients are being permitted to expand.

Benjamin Landa and his gang of merry elder “caregivers” (using the terms loosely and with sarcasm) are suing propublica for reporting:

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

In spite of mounting evidence that this group should not be permitted to expand, we have the Public Health and Health Planning Council’s buy with no character/competency issues identified…Page 96

https://www.health.ny.gov/facilities/public_health_and_health_planning_council/meetings/2017-03-22/docs/exhibits.pdf

            Program Summary

            No negative information has been received concerning the character and competence of the above applicants. The proposed operators intend to enter into a contract for accounting services with Sapphire HC Management Care, LLC, which is a related party.

What does it take to be deemed “negative information”? If ending the continuation of the licensure of alleged criminal owner/operators is not a moral imperative question, what is?

Are we not obliged to ask whether it is no mere coincidence that Landa’s partner in SentosaCare, Howard Fensterman, (formerly of the PHHPC), contributed heavily to de Blasio’s first mayoral campaign?

Is it such a small world that he headed up the recruitment of Schumer’s Long Island campaign donations? Is it happenstance that $10,000 was given to Cuomo for his 2018 Campaign?

How many more vulnerable and disabled elderly will our Department of Health allow to be victimized by these same people?

How much money is enough to buy the silence of the very people we elect and hire to protect the most frail and fragile in our rapidly aging community?

How many aides must be subjected to abuse in the workplace, as these Filipino nurses were; or laid off by the thousands, as facilities are churned for real estate profiteering? 

WHEN IS ENOUGH-ENOUGH?

READ ALSO:

 

Joel Landau – Have You no Shame? An Allure of Disgust – but no photo of your face!

 

allure without landau

THE REAL DEAL

Allure demands lender pay $40M for Brooklyn nursing home

Joel Landau’s firm and Sabre Group are fighting over terms of loan default

March 06, 2017 01:40PM
By Kathryn Brenzel

The Allure Group fired back against a lawsuit filed by its lender on a Brooklyn nursing home, claiming that the financial firm should pay $40 million for the property.

 

Allure, headed by Joel Landau, claims that the Sabre Group must pay $40 million for 270 Nostrand Avenue and an additional $6 million because the sale of the property didn’t close on time, according to documents filed in state Supreme Court. Allure, one of the developers at the center of the Rivington House scandal, maintains that “the express and unambiguous provisions” of the mortgage it received from Sabre require the Midtown firm to pay $40 million for the property.

A spokesperson for Sabre would only say that Allure has “been in default for quite some time and that’s why we’re pursuing our claims.”

Sabre sued Allure in December, accusing the company of failing to repay a $20 million loan it provided to acquire the Brooklyn nursing home. Allure purchased CABS Nursing Home in Bedford-Stuyvesant in 2015 for $15.5 million. Sabre claims that, under the terms of the mortgage, it can purchase the nursing home for $25 million because Allure defaulted.

But Allure alleges that because the property was vacant and had no pending litigation at the time that Sabr tried to act on its purchase right, the lender is on the hook for higher purchasing price. The landlord also claims that a liquidated damages provision in the mortgage requires Sabr to put $6 million toward the outstanding balance on its loan, since the financial firm failed to acquire the property after Allure repeatedly scheduled closing dates.

Landau declined to comment.

In December, the city admitted that it did not have a legal case against Allure, despite Mayor Bill de Blasio’s promise to sue the company for flipping 45 Rivington Street. Allure made $72 million when it sold the property to Slate Property Group. In April, New York state Attorney General Eric Schneiderman issued subpoenas after Allure filed demolition plans for the Nostrand property, with the intention of replacing it with a seven-story, 241-unit rental building.

The nursing home filed a lawsuit against Allure in December claiming the company marketed itself as a nursing home business while bidding for the property and instead forced residents out. The lawsuit also notes that the property flip may have led to the deaths of a few nursing home residents, who they say were forced out.