Attorney General settlement
On November 14, New York Attorney General Letitia James announced a settlement with the owners, operators, management company, landlords, and various related parties of four nursing homes managed by Centers for Care, LLC. Buffalo Center for Rehabilitation and Nursing (Buffalo Center) is one of the four nursing homes. Under the terms of the settlement, Centers and its owners will pay $8,750,000 in restitution to the Medicaid and Medicare programs, and $35,000,000 to a Resident Care Fund (Fund), with an additional $1,000,000 to the Fund if needed.
Under the settlement, the Independent Health Monitor (IHM) and Independent Financial Monitor (IFM), who were previously appointed by the Court, will continue to recommend reforms and oversee the four nursing homes’ finances, respectively. The IHM will direct Centers to make reforms to improve resident care and staffing. These improvements are meant to assure that each resident in the four nursing homes receive timely, consistent, safe, appropriate, adequate and professional services at all times.
For example, under the settlement, the RN, LPN, and CNA totals cannot fall below the greater of 3.5 hours per care per resident per day, or the level required to provide nursing and related services to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident, as determined by resident assessments, individual plans of care, as deemed necessary by the IHM. In addition, the settlement requires an RN be assigned to, and work, on each unit on all shifts.
We thank the Attorney General and her team for pursing justice and delivering reforms for the residents of the Buffalo Center and the three other nursing homes. With that said, these reforms and agreed upon actions by Centers and its owners, are actions that should have been done all along in order to comply with federal and state legal requirements: ensure every resident receives the services necessary to attain or maintain their highest practicable physical, mental and psychosocial well-being as determined by individualized person-centered assessments and plans of care.
Every resident has the right to be free from abuse and neglect. This settlement is important. It is also important that all residents have access to quality care and support services. While enforcement entities like the Attorney General are a key component, it is essential that residents, their family and supporters, stand up and speak for their rights. This includes the right to participate in their care and treatment at the nursing home and voice concerns. Nursing home operators must meet the minimum nurse staffing requirements in NYS law and have additional staff as required by individualized person-centered resident assessments and plans of care to meet each resident’s needs.
The Center for Elder Law & Justice is available to speak with residents on their rights and offers resources to assist residents, including its Resident Rights Booklet. If you are a resident or a family member of a resident in a nursing home located in Western New York, and have questions or concerns about your rights, please contact us at (716) 853-3087. In addition, our free legal advice helpline can provide answers to brief legal questions to residents of New York State who are 55 or older. Call at 1-844-481-0973 between 9am and 11am to reach an attorney directly, or call and leave a message. The helpline can also be contacted via e-mail at helpline@elderjusticeny.org.
