The treatment of elderly individuals described in this lawsuit is truly disturbing. The accompanying photos of neglect and mistreatment are deeply heartbreaking. Allegations suggest that tens of millions of dollars meant for resident care were instead diverted to enrich the owners, their families, and business associates. It’s important to note that these are allegations and not charges. While the situation is undeniably egregious, the individuals responsible for operating the four nursing homes, connected to Centers for Care, LLC in New York, are not facing criminal action. Instead, State Attorney General Letitia James has pursued a civil lawsuit, which unfortunately occurs all too frequently in cases like these.
The lawsuit targets a dozen nursing home, real estate, and staffing companies, all of which are owned by either Kenneth Rozenberg or Daryl Hagler, the owners of Centers for Care. Together, these operations oversee more than 1,100 beds across the four nursing homes in the state. The lawsuit outlines an elaborate yet common financial scheme that prioritizes profit over resident care.
According to the state’s allegations, the defendants misused over $83 million in Medicare and Medicaid funds by paying excessive rents, fees, and salaries to their affiliates, themselves, or various associates, all while neglecting the clients who not only deserve proper care but are also entitled to it under state law. The lawsuit describes situations where individuals were forced to remain in their soiled clothes for extended periods, leading to dehydration, malnutrition, infections, and sepsis from bedsores and inadequate wound care. Tragically, some individuals even lost their lives due to these conditions. The allegations also include reports of ignored call bells, delayed meals, infestations of vermin and flies, foul odors, and stolen hearing aids, dentures, and clothing.
The COVID-19 pandemic exacerbated the pre-existing weaknesses within these nursing homes, particularly issues with understaffing. Within two months of the pandemic, nearly a quarter of the residents at one of Centers for Care’s nursing homes, totaling 70 individuals, tragically passed away. In 2020, over 400 individuals died across the four homes.
As a result of these actions, Attorney General Letitia James aims to hold the company accountable by requiring them to improve their practices, financially support healthcare monitoring, and return any misappropriated public funds.
This pattern of behavior is unfortunately commonplace among unscrupulous nursing home operators in New York. They profit immensely from their operations while dangerously cutting corners on care. When caught, they simply pay the fines and continue business as usual. Ms. James’ office has taken similar actions in three other cases over the past year and continues to investigate more.
What is truly needed are more severe consequences for those who perpetrate neglect and abuse against vulnerable elderly individuals for the sake of profit. While recovering misspent public funds is important, if the harm inflicted upon these individuals is as severe as described by Ms. James, and if it can be directly linked to the actions of those running the nursing homes, the penalty should be more than a financial settlement.
Ms. James should take measures to put these negligent operators out of business entirely. She should also pursue real criminal charges or collaborate with local and federal prosecutors to bring them to justice. It is crucial for those involved in these schemes to understand that their cruel actions carry more significant consequences than simply writing a check.
As a result, they should expect to face long-term stays of their own in New York prison cells. The aim should be to eradicate these bad operators completely and create a system that prioritizes the well-being and dignity of elderly individuals in nursing homes.
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