What a Tangled Web They Weave

Nursing home partners in the ownership and operation of hundreds of nursing homes are fighting and suing each other for the fraud they have perpetuated for the last decade.   New York real estate investor and nursing home owner/operator Rubin Schron is suing his partners (in fraud) Troutman Sanders, Leonard Grunstein, and Murray Forman.  See Complaint here.

Schron accuses Troutman, Grunstein, and Murray Forman of breaching their fiduciary duties to benefit themselves at Schron's expense, according to this report by Bloomberg.  The Am Law Daily reported on federal charges against Schron, Grunstein, and Forman over their involvement in a $50 million kickback scheme with nursing homes and pharmaceutical providers. In February all three reached a $14 million civil settlement with federal prosecutors in Boston. 

"This case is about the systemic exploitation by self-interested attorneys and bankers of clients who entrusted them to devise and implement the terms of complex business deals that these defendants arranged and advocated for their clients," states Schron in his 97-page complaint.  Grunstein served as principal outside legal adviser to the real estate investor and his companies from the 1980s until late last year. The suit accuses Grunstein of causing "hundreds of millions in dollars of damages" to Schron.  Also named as defendants are Grunstein's brother and business associate, Harry Grunstein, and Troutman M&A and project finance partner Lawrence Levinson. 

"Grunstein facilitated his tortious conduct by his association with these firms," states Schron's complaint. "Grunstein frequently used their letterhead for his schemes, and he was assisted by the active complicity of several partners, including defendant Levinson. In reward for facilitating Grunstein's misdeeds, these law firms received tens of millions of dollars in legal fees from Schron and the Schron Entities."

The complaint further claims that Grunstein and Forman brought investment opportunities to Schron that they themselves took stakes in without contributing cash or assuming risk. Schron claims that he alone bore the risk from these transactions, with Grunstein and Forman later becoming involved in a series of deals in the nursing home business that drew the attention of federal prosecutors.

The trio have been caught up in a tangle of litigation. Grunstein and Forman filed suit against Schron in March, claiming he misappropriated funds from entities created by the two business partners and failed to keep and maintain audited financial statements.  "Underlying all of the claims in this action is Schron's pattern of betraying the trust placed in him," state Grunstein and Forman in their 38-page complaint,. Grunstein and Forman are seeking $100 million in damages from Schron, several of his relatives, and their affiliated holding companies. 
 


 

The Sad Plight of Crystal Rader

I ran across a couple of articles on Crystal Rader.  Born with muscular dystrophy, Rader requires a motorized wheelchair to get around.  Rader enjoys leaving the nursing home for activities and the wheelchair is the only way she can participate.  Her current wheelchair is six years old and ready to break down.   Rader bought it for $35,000 (with assistance of Medicaid) six years ago,

She applied to Colorado's Medicaid program for assistance for a new wheelchair. Medicaid denied her request, claiming in its rejection letter that the wheelchair is unavailable to her under the state's Durable Medical Equipment Program because she lives at the Fort Collins Health Care Center, a nursing home owned and operated by Sava Senior Care, therefore, the nursing home should provide the wheelchair and then presumably get reimbursed by Medicaid later.

"If they live in a long-term care or nursing facility, we do not pay for durable medical equipment unless that person is within 14 days of discharge," Department of Health Care Policy and Financing spokeswoman Joanne Lindsey said.   The state pays the Fort Collins Health Care Center for medical and equipment costs.

Rader said she isn't confident the Fort Collins Health Care Center, which is owned by Atlanta-based Sava Senior Care, will help her get a new chair.

"For a 26-year-old to be stuck in bed is horrible," Rader said. "It scares me. I lose all my activities I like to do."

I wonder why the local Ombudsman isn't involved?
A fund has been set up to help Crystal Rader replace her aging motorized wheelchair. 

 

Rader has set up a fund at Wells Fargo Bank to take donations for a new chair. Donations can be made to Crystal Rader's New Power Wheelchair Fund at any Fort Collins Wells Fargo branch.

See articles from the Coloradoan here and here.

Another Sava Senior Care Lawsuit

The West Virginia Record had an article recently about the lawsuit against another Sava Senior Care facility owned and operated by Murray Forman and Leonard Grunstein and others.  Defendants include six companies, an individual and multiple unknown individuals and entities for negligence in a nursing home. Canyon Sudar Partners, SVCare Holdings, Sava Senior Care, SSC Equity Holdings, SMV Management Company, SMV Huntington and Unidentified Entities 1 through 10 are the companies named in the law suit. Huntington Health and Rehabilitation Administrator, Annica Stansberry, and John Does 1 through 10 were also named in the suit.

Faith Cole claims Ruth Haynie was a resident of Huntington Health and Rehabilitation from Sept. 20 until Nov. 1, according to a complaint filed Feb. 25 in Cabell Circuit Court. Cole claims the defendants were aware of Haynie's medical condition and the care she required, but that during her stay, Haynie experienced falls, a fracture and a subdural hematoma.

Cole claims the defendants owed a duty to residents to exercise reasonable care in providing oversight and management of the nursing home.

The defendants breached their duty by failing to properly manage, operate and/or control the nursing home in a manner that a reasonably careful person/corporation would have provided.

Cole is seeking compensatory damages. She is being represented by James B. McHugh and Michael J. Fuller Jr.

 

Omega Healthcare Investors

Yahoo had Omega's Form 8-K/A filed with the SEC on Jan. 15, 2010.  The form discusses the acquisition of dozens of nursing homes from CapitalSource. 

On December 22, 2009 Omega Healthcare Investors, Inc. ("Omega") acquired certain subsidiaries of CapitalSource Inc. ("CapitalSource") owning 40 long term care facilities (the "Acquired Facilities"), and an option to purchase other CapitalSource subsidiaries owning 63 additional facilities for an aggregate purchase price of approximately $294 million, consisting of: (i) $184 million in cash; (ii) 2,714,959 shares of common stock of Omega, valued at $51 million under the Purchase Agreement; and (iii) assumption of $59 million of mortgage debt.

The Acquired Facilities consist of the following:

1. Airamid Health Management with 998 beds and 9 facilities
2. Community Eldercare Services with 120 beds and 1 facility
3. Conifer Care Communities, Inc. with 120 beds and 1 facility
4. Elite Senior Living with 105 beds and 1 facility
5. Gulf Coast with 815 beds and 6 facilities
6. HMS Holdings with 123 beds and 1 facility
7. Prestige Care with 90 beds and 1 facility
8. Sava Senior Care with 640 beds and 4 facilities
9. Southwest LTC with 260 beds and 2 facilities
10. TenInOne / Delanco Healthcare with 1,516 beds and 10 facilities
11. Trans Healthcare, Inc. with 381 beds and 3 facilities
12. The Waters with 96 beds and 1 facility
 


 

 

 

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearly 60 years ago by three attorney brothers: Matthew, J. Manning, and Bernard. With a history of believing the justice system...More...