The state also contends that the nursing homes violated New York Executive Law Section 63(12), allowing the attorney general to seek court orders to stop fraudulent practices. Additionally, claims were made under the Tweed Law, aimed at recovering misappropriated funds, and allegations include false Medicaid certifications and fraudulent fees paid to service providers.
Continuing Neglect of Residents
The lawsuit paints a dire picture of life inside the nursing homes, detailing instances where residents were left without adequate care due to insufficient staffing. The suit claims residents were often left in soiled clothing for extended periods, lacked assistance with basic hygiene, and experienced the theft of personal belongings.
The court also found that the attorney general’s unjust enrichment claim was not duplicative, allowing it to proceed as an alternative basis for recovery.
Looking Ahead
While the court has allowed the case to move forward, it marks a significant step in holding the nursing home operators accountable for the alleged neglect and financial misconduct. The nursing homes and their operators are represented by attorneys from Quinn Emanuel Urquhart & Sullivan LLP, Centricity Law PLLC, and Ganfer Shore Leeds & Zauderer LLP. The state is represented by a team from the New York Attorney General’s Office.
