THE WORLD READS WHITE PLAINS CITIZENETREPORTER — 8,324,077 VISITS IN ONE YEAR

WPCNR ALBANY ROUNDS. From the office of State Senate Majority Leader Andrea Stewart Cousins. February 22, 2021:

The Senate Democratic Majority today will advance legislation to better support and protect nursing home residents.

This legislative package will establish a direct patient care spending ratio for nursing homes, create a taskforce to reimagine the delivery of long-term care, allow personal and compassionate care visitors, mandate disclosure of nursing home ratings, and require more infection control policies by nursing homes and require state health officials to conduct more thorough inspections. 

“The tragic situation in our nursing homes remains a heartbreaking reminder of the toll this pandemic has taken and has made it clear that real reforms are needed,” Senate Majority Leader Andrea Stewart-Cousins said. “The Senate Majority is taking action to deliver meaningful results by increasing transparency and raising the standard of care provided at these facilities. I commend the bill sponsors for their work, and I am proud that we are passing these reforms.”

The legislation being passed by the Senate Majority includes: 

• Patient Care Ratio Reporting: This bill, S.4336A sponsored by Senator Gusatvo Rivera, directs the Commissioner of Health to establish a “Direct Patient Care Ratio” that would require all nursing homes to spend at least 70% of a facility’s revenue on direct patient care.
• Publication of Nursing Home Ratings: This bill, S.553 sponsored by Senator James Sanders Jr., requires that the most recent Center for Medicare and Medicaid Services (CMS) rating of every nursing home be prominently displayed on the home page of the Department of Health’s website and at each nursing home facility’s website and displayed at the facility for view by the general public.
• Reimagining Long-Term Care Task Force: This bill, S.598B sponsored by Senator Rachel May, enacts the “Reimagining Long-Term Care Task Force” to create a task force studying the state of both home-based and facility-based long-term care services in the state, and to make recommendations on potential models of improvement to long-term care services for older New Yorkers. 
• Long-Term Care Ombudsman Program Reform Act: This bill, S.612A sponsored by Senator Rachel May, creates “The Long-term Care Ombudsman Program Reform Act” by expanding the current program to be more accessible and available to seniors and their families, while promoting the volunteer advocate program, and improve interactions between DOH and the Ombudsman program regarding complaints. 
• Allowing Compassionate Care-Giving Visitors: This bill, S.614B sponsored by Senator Rachel May, creates a standardized program to allow personal care and compassionate care visitors at nursing homes. 
• Infection Inspection Audit: This bill, S.1783 sponsored by Senator James Skoufis, directs the Department of Health to establish and implement an infection control inspection audit and checklist for residential care facilities. 
• Quality Assurance Committees: This bill, S.1784A sponsored by Senator James Skoufis, requires adult care facilities to include “quality assurance committees” in their quality assurance plans
• Requirements for Transfer, Discharge and Voluntary Discharge: This bill, S.3058 sponsored by Senator Gustavo Rivera, creates requirements for the transfer, discharge and voluntary discharge of residents from residential healthcare facilities
• Standards for Ownership of Nursing Homes: This bill, S.4893 sponsored by Senator Gustavo Rivera, requires more review of ownership of nursing homes through the certificate of need process – including consideration of past violations at other facilities by owners – and requires more notice to the public during the CON process.
• Department of Health Death Records: This bill, S.3061A sponsored by Senator Gustavo Rivera, requires the Department of Health to record COVID-19 deaths of nursing home residents that died in hospitals to be recorded as a “nursing home” death and require the Department of Health to update and share data it receives with hospitals and nursing homes on communicable diseases.
• Transparency of Violations: This bill, S.3185 sponsored by Senator James Skoufis, requires residential health care facilities to disclose in writing to potential residents and their family members the website where a list of violations and other actions taken against the facility can be found.

WPCNR WESTCHESTER LAW JOURNAL. From Greenstein & Milbauer, New York. February 22, 2021:

The number of former residents of The Children’s Village who have filed lawsuits accusing the Dobbs Ferry, NY, residential treatment center of physical and mental abuse has doubled.

Greenstein & Milbauer, the New York City law firm representing the men who now range in age from their 30s to their 70s, has filed an additional 10 abuse lawsuits against the residential treatment center bringing the number to 21 since the first case was filed in 2019. The window to file an expired or time-barred case was set to close August 14, 2020, but due to the disruption of the legal system by the pandemic the deadline has been extended until August 14, 2021.

The victims were all young boys when they were placed at the Children’s Village by courts or child welfare agencies. They recount how they were physically brutalized, raped, and humiliated by older residents. Similar sexual abuse was perpetrated by staff, including teacher aides, counsellors, and a former executive director. When the boys complained to social workers or other staff about the physical and sexual abuse, they were either ignored or threatened with violence.

“As our cases make their way through the courts, more men are stepping forward to share their painful histories,” said Robert Greenstein. “It has taken decades for some of our clients to open up about the abuse they suffered at the most vulnerable points in their lives. With the window of opportunity to obtain justice closing in August, we strongly encourage other victims to come forward and raise their voices now while they have this unique opportunity.”

He added: “Even after so many years have passed, these men still carry the burden of the horrendous emotional scars and pain they were so cruelly subjected to as children. Their stories of the culture of abuse that persisted for decades at The Children’s Village not only deserve to be heard, but by bringing them to light, it will hopefully spare future generations of children from being subjected to similar abuses. These courageous men truly deserve to be heard.”

The Children’s Village is a not-for-profit residential treatment center created in 1851 to provide a safe and nurturing shelter for children who are experiencing hardships at their homes. The abuse cases in the lawsuit occurred over a 25-year period from about 1970 to 1995.

The lawsuits accuse The Children’s Village of negligence in its hiring, training, and supervision, among other failures. Among the recent plaintiffs are:

• S.D., whose complaint was filed on Feb. 2, said that from 1992 to 1995 he was raped and beaten by older residents.
• J.P., a minor whose complaint was filed on Feb. 1, was placed at The Children’s Village in 2013 at the age of 8. During his stay he was beaten and sexually abused by older residents in his room and in the shared bathrooms.
• John Doe, whose complaint was filed on Feb. 1, was placed at The Children’s Village at the age of 12 from 1996 to 2001. He was sexually abused by residents and a staffer. During a psychiatric evaluation he told the doctor about the abuse and the doctor interpreted it as a “verbal slip.” Other staff dismissed or ignored his complaints about abuse.
• John Doe, whose complaint was filed on Feb. 3, was placed at The Children’s Village from 2002 to 2006 at the age of 12. He was sexually assaulted by older residents in his cottage, the shower and a van when the children were unsupervised. Some of the abuse occurred as night watchmen were asleep on the job. Two female staffers also sexually abused him.

The cases are being heard by Justice Steven M. Jaeger at the Nassau County Supreme Court in Mineola. The cases were filed under the provision of the Child Victims Act.

In 2019, Governor Cuomo signed the Child Victims Act to ensure survivors of childhood sexual abuse have a path to justice, including the ability to file a case which had already been time-barred or expired for a one-year period.