288 Nursing Homes with Enforcement Actions
Reporting period: December 1, 2008 to November 30, 2018
Reporting period: December 1, 2008 to November 30, 2018
|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|
|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|
|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|
|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|
|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 New Jewish Home, Manhattan||New York|
|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|
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.
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.
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.
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.
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.
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.
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.
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.
Jennifer Fumiko Cahill is the arts and features editor at the Journal. Reach her at 442-1400, extension 320, or firstname.lastname@example.org. Follow her on Twitter @JFumikoCahill.
An investigation continues following the death of a resident at the Pleasant Acres Nursing & Rehabilitation Center.
Springettsbury Township Police Chief Dan Stump and District Attorney Dave Sunday, speaking at a news conference Wednesday afternoon, said there will be an autopsy in order to ensure a thorough investigation.
Nancy Young, 89, died Saturday from complications she suffered after falling Dec. 8.Stump said she had entered another resident’s room. The resident asked her to leave and shut the door behind her. Young then fell, fracturing her hip and wrist.
“No one at Pleasant Acres nursing home is in danger,” Stump said. “This was an isolated incident…There is no evidence to suggest that the death or injuries was intentional.”
The autopsy is scheduled for 10 a.m. Thursday at Lehigh Valley Hospital in Allentown to help determine the cause of death, according to the coroner’s office.
Stump said he understands members of the community are concerned, and that’s why he and Sunday were speaking about the incident.
Police were notified when it occurred, Stump said. Officers at that time did not determine anything criminal occurred, but follow-up was required once Young died.
Stump said they are not aware of the two residents having any problems previously. “My heart breaks for the family of Mrs. Young.” It’s bad enough to have a loved one die, but the details of the incident make it harder, he said.
The nursing home, located at 118 Pleasant Acres Road in the township, was a longtime county property. The County of York sold the home to Premier Health Care Management earlier this year for $30.8 million cash.
Both residents have severe dementia, Premier Healthcare Management CEO Lisa Sofia said Wednesday.
York County Coroner Pam Gay ruled the death a homicide, on the basis that the death was “at the hands of another.”
The altercation between Young and the other resident was not witnessed by anyone. It also was not captured on surveillance video, since there are no cameras in that area of the building for the residents’ privacy, Sofia said.
However, what Sofia believes occurred is based on what was heard by employees and what they saw when they responded to the scene.
Sofia said they believe the altercation began when Young entered the other resident’s room.
“The staff heard the one resident yell, ‘Get out of my room’ and heard the door slam,” she said.
The door slam startled Young, which then caused her to fall forward, breaking her wrist and hip, Sofia said.
She said she does not believe the door struck Young.
“If the door would have hit this woman, it would have stopped the door from slamming,” she said. She added that the resident who slammed the door has no recollection or awareness of what occurred.
Sofia said Pleasant Acres notified police and the Pennsylvania Department of Health within two hours of Young’s fall.
Department of Health spokesman Nate Wardle said the agency could not comment, “because an incident report, if filed, and any possible subsequent investigation is confidential.”
Sofia said Premier will conduct a root-cause analysis to “see if there’s anything we can learn from this situation.”
“We are so sorry that this happened to this resident; we feel so awful,” Sofia said. “We also feel awful for the other resident, who had no capacity to conceptualize what happened.
Ruled a homicide
Gay said that her training dictates that when a death is hinged on another individual’s involvement, regardless of intent, then the death should be ruled a homicide.
Specifically, had the resident not been present at the time and had the resident not gotten into an altercation with Young, then Young would most likely still be alive, Gay said.
“It’s death at the hands of another,” Gay said. “If it didn’t involve another person, it would be an accidental death.”
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