$45 million settlement

WLIW reported a landmark $45 million settlement reached in 2024 between Centers Health Care and New York Attorney General Letitia James was designed to limit abuse and neglect at nursing homes. Unfortunately, this goal has not been met in the slightest, as levels of care have continued to fall throughout the New York chain.

New York Focus’s recent investigation revealed the ugly truth.

Buffalo Center for Rehabilitation and Nursing was one of the four homes specifically targeted by the attorney general’s lawsuit. A condition of the settlement was that Buffalo Center should provide at least 3.5 hours of nursing care per patient, per day. This number was more than reasonable, as the federally recommended minimum hours of care per patient is 4.1.

Despite this, the facility has fallen short of this goal on at least 82 days since the settlement. During that time, patients have suffered falls, flies crawling on their bodies, verbal abuse, and nonconsensual photography while exposed.

The settlement also barred the chain from lowering staffing levels at other facilities. Centers Heath Care has done exactly that though, and the decrease in staffing has coincided with falls, injuries, and a death that occurred after CPR was not administered. In addition, three incidents went unreported initially, in violation of state law.

While Centers has faced federal and state fines of more than $340,000 total since the settlement, experts say the fines likely aren’t large enough to force the company to change course, as the facilities take in millions of dollars each year.

“These companies are making so much money that the fines just don’t mean anything to them,” said Charlene Harrington, an emeritus professor of sociology and nursing at the University of California, San Francisco.

The fact that Centers has not faced consequences for its apparent violations of the settlement is outrageous. The deal allowed the attorney general to reopen the lawsuit or seek to impose additional fines if Centers violated its terms, but so far neither of those things has happened.

In order for the settlement to have its intended effect, Centers needs to know that its violations are not being ignored.

Letitia James needs to reopen the lawsuit or impose fines heavy enough to put Centers in its place.