The US Nursing Home Travesty of Justice, Financial Fraud, Patient Abuse, Government Neglect and Liability and the Profiteers who Profit From it all

The Rosewood Care Center in Inverness, Ill., was backed by a program run by the Department of Housing and Urban Development that insures loans to more than 2,300 nursing homes across the country. CreditCreditDanielle Scruggs for The New York Times

$146 Million Default by Nursing Home Chain Leaves U.S. on the Hook

The cracks in the foundation of a Chicago nursing-home business began to appear almost immediately.

The owners stopped making mortgage payments on their crown jewel, the Rosewood Care Centers, barely a year after buying it in 2013. Paperwork about the chain’s finances was never filed with the government. Some money meant for the 13 nursing homes and assisted-living facilities went to prop up another investment.

In the end, the business defaulted last year on $146 million in government-backed mortgages — the biggest collapse in the history of a little-known loan-guarantee program run by the Department of Housing and Urban Development.

The Rosewood debacle demonstrates the problems plaguing the HUD program, which helps nursing homes obtain affordable loans and has become a linchpin of the American elder-care system.

By the government’s own admission, the federal agency’s stewardship of the program has been haphazard. Its oversight of nursing homes has been weak. When HUD officials have spotted problems, they often have been slow to respond. Sometimes it has taken years to intervene, allowing the finances at certain facilities to unravel to such an extent that the quality of care was undermined.

HUD officials described Rosewood as an outlier, saying that only 1 percent of the guaranteed loans end up defaulting. “Mortgage defaults in this program are exceedingly rare, yet reaching an acceptable resolution requires an owner’s willingness and ability to work on behalf of their residents,” the department said in a statement.

But the program — run by a department better known for fostering affordable housing — is a vulnerability for the federal agency. The nursing home industry is increasingly being run by for-profit operators facing dwindling margins. Some homes — especially those in rural areas — are struggling to stay open, with operators blaming low occupancy and insufficient payments from Medicaid and Medicare.

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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

 

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 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. 

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NYS health commissioner reacts to News10NBC investigation into Sodus nursing home

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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?

Brius residents in Marin report going weeks without showers — Chafraud-Depravitch

Here’s the latest about some of the substandard care found in nursing homes controlled by ultra-Orthodox multi-millionaire Shlomo Yehuda Rechnitz. From Briuswatch.org: One of Brius Healthcare’s largest nursing homes is “woefully understaffed,” forcing residents to go weeks without a shower and sit in their own excrement for hours waiting for assistance, according to a recently […]

via Brius residents in Marin report going weeks without showers — Chafraud-Depravitch

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/