Nursing Home Law Blog : Nursing Home Lawyer & Attorney : Stark & Stark Law Firm : Elder Care, Senior Care

Saturday June 13, 2009 Providence Nursing & Rehab Center located on Bellevue Avenue in Trenton, NJ sent a group of its residents on an outing to the Casinos in Atlantic City. The residents were monitored by two activity aides. One male resident described as a Hispanic male in his 50s to 60s, did not return with the group later on that day. Providence Nursing & Rehab Center did not confirm or deny the allegations.

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Kindred, PharMerica to pay $1.3 million settlement
By Gregg Blesch
Posted: June 12, 2009

Kindred Healthcare and PharMerica, a company formed in part from Kindred’s spun-off institutional pharmacy division, have entered a $1.3 million settlement to resolve allegations that Kindred’s Knoxville, Tenn., nursing home billed Medicaid for more pharmaceuticals than were actually used or delivered to the facility from 2003 to 2006.

The settlement does not constitute an admission of liability by either company, both based in Louisville, Ky. The allegations originated in a whistle-blower lawsuit filed in 2005 by former billing clerk Jeanne Mayes and subsequently investigated by the U.S. attorney’s office in Knoxville and the Tennessee attorney general’s office. “Kindred Healthcare is pleased with the settlement announced today which puts an old pharmacy dispute to rest,” the company said in a written statement. “The parties settled to avoid the distraction, time and expense of further litigation.”

Mayes, the whistle-blower, is set to receive about $220,000 from the settlement payments PharMerica will make to the U.S. and Tennessee governments.

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A former female employee is suing Cimarron Pointe Care Center and one of its contractors for wrongful termination after she reported abuse and neglect of the nursing facility's residents.

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Dr. Lewis A. Rogatnick is a attending physician at Golden Living Center- Rose Hill in Berryville. Dr. Rogatnick is also the medical director at Heritage Hill Nursing Home. Doris Critzer, whose mother, Lorena Virginia Tumblin, former resident at Heritage Hill Nursing Home has serious issues with the facility's medical director, Dr. Lewis A. Rogatnick because of his failure to disclose his background.

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The family of an elderly Bridgeton woman claims a Millville nursing home intentionally misled them by promising she could remain in the facility after she depleted her personal savings, and then threatening her with eviction when she did, according to a lawsuit.

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Omnicare, Inc., paid $283,000 to settle Medicaid fraud charges by the State of Delaware. Delaware alleged that the pharmacy had committed Medicaid fraud by illegally switching the drugs of senior citizens in nursing homes and other facilities.

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A recent report from the House Committee on Oversight cites 8 states--New York, Michigan, Virginia, West Virginia, Kansas, Indiana, Florida, and Nevada--that are likely to use medicaid stimulus funding to fill budget gaps rather than to care for seniors.  See the full report  CLICK HERE

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New Jersey's Public Advocate today accused a national assisted living company of "breaking its trust" with customers by trying to evict dozens of frail and elderly South Jersey residents who sought Medicaid assistance when they ran out of money.

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Golden Living Center Mountain View, a 120-bed licensed nursing home in Winchester, was ordered Tuesday not to admit new residents.

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