Lawyers for an embattled group of nursing homes accused the New York attorney general of trying to “weaponize” a court-appointed monitor charged with assessing the quality of care.
New York Attorney General Letitia James has accused the owners of Centers Health Care of taking $83 million in Medicare and Medicaid funds for their own benefit. Centers Health Care told McKnight’s Long-Term Care News on Tuesday that it plans to fight the fraud allegations.
“Centers Health Care prides itself on its commitment to patient care,” said spokesman Jeff Jacomowitz, in an emailed statement. “Centers denies the New York Attorney General’s allegations wholeheartedly and attempted to resolve this matter out of court. We will fight these spurious claims with the facts on our side.”
The two sides were in New York County Supreme Court Monday and Tuesday arguing about the boundaries for a court-appointed, independent monitor who will be able to review historical, patient and resident records. But James’ office will not be able to use any of the monitor’s findings in its case against co-owners Kenneth Rozenberg and Daryl Hagler, per orders from Justice Melissa A. Crane.
James alleges that diverting funds from four nursing homes led to the facilities being underfunded and understaffed, resulting in negligent conditions for residents who did not receive proper medical care or hygiene. Her office’s 318-page petition of the case claims that residents suffered serious injuries, malnutrition and infections, sometimes leading to death at four facilities. They are: Beth Abraham Center for Rehabilitation and Nursing, a 448-bed facility in the Bronx; Buffalo Center for Rehabilitation and Nursing, a 200-bed facility in Buffalo; Holliswood Center for Rehabilitation and Healthcare, a 314-bed facility in Queens; and Martine Center for Rehabilitation and Nursing, a 200-bed facility in White Plains.
Crane said the allegations were “greatly concerning.” The judge appointed healthcare compliance specialist David Hoffman as an independent monitor. The two sides argued about how much access Hoffman should have to records, with Centers’ lawyers seeking to limit the review to current residents only.
One attorney for Centers on Monday had argued that the state was trying to “weaponize the monitor into an agent of the attorney general’s office,” according to Bloomberg News. Centers lawyer Motty Shulman of Centricity Law PLLC added that access to historical records on previous residents could “build the case for the attorney general.”
