Trio of Trouble: Benjamin Berkowitz, David Berkowitz, and Yosef Meystel

This past spring in Provincetown, a patient checked into residence at a Seashore Point nursing home for rehabilitation after breaking their leg. 

During the two-and-a-half-month stay, the patient was taken to Cape Cod Hospital for multiple infected wounds. Once the family had removed the patient from the facility, their loved one was rushed to the hospital again. Three family members described what happened as “horrific.” After being rushed to the hospital, doctors diagnosed the loved one with respiratory failure, COVID-19, a UTI, sepsis, and a drug-resistant infection (MRSA).

One family member said that if left at Seashore Point any longer, their loved one “would have died. “It was horrific because you just knew it wasn’t right, and it was right before your eyes,” said another. “And you couldn’t do anything about it.”

The “substandard” care that this family experienced was not uncommon according to many former employees, patients, complaint investigation forms, and much more. Since the for-profit company Pointe Group Care bought this facility, now AdvinciaCare, in 2019, public records have shown a decline in quality care levels.

According to public data, the nursing home at Seashore Point has failed to meet multiple state-mandated nursing-hour minimums 552 times! 2023 was the facility’s worst record. The nursing home failed to meet the minimum of 3.58 care hours per resident daily. This is the only skilled nursing facility located on the Outer Cape. The facility provides short-term stays for rehabilitation and long-term care for patients who need around-the-clock attention. The CMS “Nursing Home Compare” tool gives AdvinciaCare a two-star rating of five. 

On February 7th, 2024, CMS and DHHS completed a complaint investigation following an incident the previous month. According to the complaint, a CNA (Certified Nursing Assistant) attempted to assist a resident in entering a “Hoyer lift.” This device usually requires two staff members to operate; however, the CNA transfers the resident into the lift and then into a reclining wheelchair alone.

The CNA left the resident there alone and unsecured to find another staffer for help. Upon return, the CNA found the resident on the floor after the resident fell backward in a wheelchair. The injured and neglected resident had to have seven staples to treat a “deep gash.” 

During another inspection by CMS and DHHS on February 15th, 2024, inspectors found 11 deficiencies. They noted that one resident had fallen six times in nine days and observed that another resident was “at risk for developing pressure ulcers.” 

Anika Costa stayed in the nursing home at Shoreshore Point for one week in 2022 while recovering from a knee replacement. One night, Costa needed pain meds and used the call button to call for a nurse. After no one came, Costa eventually got in a wheelchair to find medication herself. Throughout the halls, she saw multiple neglected residents with their call lights on and said this “occurred more than once.”

Costa also told the Independent that she would have to help herself to the bathroom because unsafe and short staffing did not allow the staff to respond or take care of everyone. Additionally, Costa reported that she heard from nurses and family members of residents that they had to bring in supplies like shampoo, wet wipes, and cloth bed pads.  

Kristin Hatch, director of social work during ownership by Deaconess and part-time employee during the ownership of Pointe Group, confirmed that there were times when staff bought their own supplies for the patients. Hatch wasn’t surprised that the facility was failing to meet staffing minimums. Hatch believes it’s a management issue rather than a staffing issue. Pointe Group Care runs 14 nursing homes, 11 in Massachusetts.

“The administrator for Seashore Point was also the administrator in Salem and almost everything in between, so how many days a week is she there?” said Hatch. Hatch quit working for AdviniaCare because of a decline in quality care, and when Independent first reached out, she said, “It’s about time.”

Seashore Point is one of many nursing homes where the trio, Benjamin Berkowitz, David Berkowitz, and Yosef Meystel all have controlling stakes. According to ownership data from CMS, Benjamin Berkowitz partially owns 15 nursing homes, most of which are in Massachusetts or Florida. David Berkowitz, through trust, maintains an ownership stake in at least 68 homes ranging from Florida to Illinois and to Massachusetts. Meystel has a portfolio of at least 70 homes. Benjamin Berkowitz and his associates have bought and managed 14 nursing homes throughout Massachusetts and Florida under the name “AdviniaCare.”

According to CMS nursing home performance measures, 28% of AdviniaCare homes have an abuse icon. This means that the facility has issues in which a resident was harmed in the last year or each of the last two years. On the agency’s five-star scale, AdviniaCare averages 1.6 and has been fined over $1 million by the government.