Saturday, September 20, 2014

Lessons in Audacity and in Ignoring the Law by Paulie "Earn and Whine"

Dear Nieces and Nephews, Paul "Earn and Whine" (of the Catania, Mahon, Milligram & Rider law firm in Newburgh NY) in a blast of deluded self-importance and clear lack of consideration for the law, has sent a letter to Legislative Chair, L. Stephen Brescia, with his conclusions regarding the sale of Valley View.

In other words, the Chair of an entity that is NULL and VOID as determined by the the NYS Supreme Court, is carrying on as if nothing happened. And so is the legislature when they plan to vote on forming another LDC in the same manner, by resolution, not local law! (A local law would allow for a direct vote by the people, which would put this matter to rest, but why would our lawmakers want to do that?)

Paulie even provides his recommendation, which, technically, the legislature should not even consider since it is coming from an enitity that does NOT LEGALLY EXIST.

You would think that the Western New England School of Law would provide a better legal education than that. But, then again, look at their other graduates: Catherine Bartlett (wife of William Deprospo) and Langdon C. Chapman. 'Nuff said.

Paulie justifies his continuation of the  LDC board,  gives suggestions as to the "vetting" of his recommended purchasers and asserts the following:

PAULIE SAID: "There is no evidence that residents in private sector nursing homes are 'thrown on the street' as some would allege would happen if Valley View were transferred" (letter to Legislative Chair L.Stephen Brescia September 12th 2014

Oh Boy! Where do we begin?

Employing the logic that is taught in college or law school, one could deduce that the MEDICAID patients would be at risk if the private nursing home decides not to keep the current Medicaid patients or accept new ones. After all, as privately owned, while they do have to adhere to certain guidelines, they are a BUSINESS, not a home established to take care of county residents.

And here is EVIDENCE:  http://www.nolo.com/legal-encyclopedia/when-will-medicaid-pay-nursing-home-assisted-living.html

Medicaid Need Not Be Accepted

Not all nursing homes, assisted living facilities, and other services accept Medicaid payments. A nursing home or assisted living facility can tell you whether they accept Medicaid patients. A facility that accepts Medicaid will be licensed by the state and subject to periodic inspections to ensure that the facility meets federal standards.

For Example, let's take a look at the admission application form for your very own ELANT, The "LONG TERM CARE PRE-ADMISSION INFORMATION"

On the insurance portion of the form you will find:

Medical Insurance (other than Medicare): ________________________________________________

Medicaid Application Approved If approved, Medicaid # _____________
(check one):
Pending If pending, date submitted ___________
Not Applicable County: _________________________
DSS Worker’s Name:_______________


Go to: http://elant.org/wp-content/uploads/2012/06/Admissionapp.pdf for an exact copy

Medicaid application, if approved.

Doesn't that indicate that a Medicaid application just might not be approved?
 
Paulie, there are many who "allege" that this would happen especially your Auntie Alibi. Would you please be so kind as to refer to Auntie Alibi and the Team by name if you do have occasion to write about this again?

 

















1 Comments:

At September 21, 2014 at 6:13 AM , Anonymous Anonymous said...

A private nursing home legally only has to accept approx. 10% of residents on Medicaid Auntie, does that then mean only 36 Medicaid residents in valley view can remain and the others must be disposed of, I mean dispersed of... I mean if their goal is to make a profit. But I do not see anymore being mentioned that ALL residents will be guaranteed a HOME. Not everyone in orange county is as wealthy and prepared as our politicians who have all their ducks in a row for when their time comes to need long term care, no problem. Where will all the people who have paid taxes all their lives go for quality care because for sure they will not be approved in any decent for-profit, private business that likes to make money off the sick and dying. No, the residents will not be thrown out on the streets, but they will be thrown to the ends of the earth, to facilities like Elant at Fishkill or even worse. No more family visits, no more quality of life, but hey... this is a business deal.... who cares about the lives of people.. moms, dad, aunts, uncles, grandma... who cares when a corrupt deal worth millions in on the line. Sleep well members of the illegal LDC. Oh, and those companies chosen as potential buyers by the illegal LDC, REALLY !!!! Is this the best you could do Paul. Talk about doing your homework, you just scored an F.

 

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