Trends in Long-Term Care - U.S. Senate Special Committee on Aging
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Trends in Long-Term Care - U.S. Senate Special Committee on Aging

Trends in Long-Term Care - U.S. Senate Special Committee on Aging Trends in Long-Term Care - U.S. Senate Special Committee on Aging

aging.senate.gov
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07.04.2013 Views

2&81 some of the records, but we will give most of the records requested by the committee. May I just make a short statement, as I was complyong>inong>g with the subpena ong>inong> submittong>inong>g the records, I heard part of Senator Moss' statement, and I thong>inong>k it would be most important for this committee to really review the work of all of the nursong>inong>g homes ong>inong> the city of New York, and I was very glad to hear ong>inong> the Senator's statement, that many nursong>inong>g home operators operate excellent ong>inong>stitutions, and song>inong>ce I was retaong>inong>ed by these nursong>inong>g homes, I visited three already, and all of them have excellent reputations, and I thong>inong>k it is important for the community and the city of New York to know how many of the ong>inong>stitutions are beong>inong>g operated. For example, ong>inong> the New York Time8, last week there was prong>inong>ted a list of 92 nursong>inong>g homes which were alleged to have had deficiencies. Now, these deficiencies cover a multitude of thong>inong>gs, whether or not a chef attended a special course given by the department for renewed service traong>inong>ong>inong>g course. This is considered a deficiency, and the two homes I represent, namely the American Nursong>inong>g Home and the Caton Park Nursong>inong>g Home, which is mentioned on this deficiency list however, they happened to be removed over the weekend by the State department of health, and I thong>inong>k it is important for this committee, ong>inong> any publicity given out, to recognize that there are many ong>inong>stitutions which are operatong>inong>g here ong>inong> the city of New York, and the metropolitan area, which are excellent ong>inong>stitutions, which can provide a service to the community, and I also poong>inong>t out, and this is of ong>inong>terest to the committee, that even State ong>inong>stitutions ong>inong> the State of New York are sendong>inong>g some of their patients to these nursong>inong>g homes, because the State ong>inong>stitutions are unable to keep the patients there. Mr. HALAMANDARIS. Thank you. May I ong>inong>terrupt you, counsel. Do you represent the Riverside Nursong>inong>g Home ? Mr. TODEL. No. Apparently there was an error by the committee. Mr. HALAMANDARIS. You represent the nursong>inong>g home ong>inong> Haverstraw? Mr. TODEL. Yes. Mr. HALAMANDARIS. You do not represent the Riverside Nursong>inong>g Home? Mr. TODEL. No. Mr. HALAMANDARIS. Is there an attorney representong>inong>g the Riverside Nursong>inong>g Home? Mr. HOFFINGER. We do. Mr. HALAMANDARIS. I would like to call Mr. Spiro, Mr. Jacob Spiro. Mr. SPIRO. The records have been produced, as much as we can make available. Mr. HALAMANDARIS. Mr. Spiro, have you complied with the subpena? Mr. SPIRO. In accordance with our conversation, we have produced all of the records which are available. All other records will be made available to the committee as fast as we can, but certaong>inong>ly by no later than February 4. Mr. HALAMANDARIS. Mr. Kalick of the Laconia Nursong>inong>g Home, the Riviera Furniture Co., and the Towers Nursong>inong>g Home. Mr. KALICK. With respect to the three homes we represent, we believe we have complied with the subpenas.

2882 Mr. HALAMIANDARIS. May we have Mr. Nisonoff, representong>inong>g the Genesee Nursong>inong>g Home? Mr. BIRNBAUM. Mr. Nisonoff is not here, but the Genesee Nursong>inong>g Home has complied. Mr. HALAMANDARIS. Will you state your name? Mr. BIRNBAUM. Birnbaum, B-i-r-n-b-a-u-m. AIr. HALAMANDARIS. You are Mir. Emanual Birnbaum? Mr. BIRNBAUM. Yes, sir. Air. HALAMANDARIS. Mr. Fred Adams, is he here, representative of Grand Brokerage. Inc.? Mr. SACKS. Mr. Sacks is my name. I represent Grand Brokerage. All documents have been delivered pursuant to the subpena. Mr. HALAMANDARIS. Thank you, Mir. Sacks. We have Mr. Bernard Fishman, representong>inong>g Gramercy Park Nursong>inong>g Home Mr. SACKS. Excuse me. Does that excuse me? Mr. HALAMANDARIS. Yes, sir. We are ong>inong>structed that Mr. Fishman will be here late. He has a court appearance. Is there a representative of the Economy Restaurant & Supply Co.? Mr. GROSS. My name is Sidney M. Gross, I am the attorney for Economy Restaurant & Supply Co. Our client has been served with the subpena, and garnered substantially all of the records the committee has requested. The subpena requested records of sales by my client, who is a wholesale grocer, to nursong>inong>g homes. This requires allocation and segregation of all of his records. The mass of records brought today, and any further records required, will be submitted. Mr. HALAMfANDARIs. Thank you. Do we have any representative of Bernard Moskowitz? Mr. MOSKOWITZ. My name is Bernard Moskowitz, with the Rofay Nursong>inong>g Home. Mr. HALAM3ANDARIS. Do we have a representative of the Amsterdam Meat Co.? Michael Tennenbaum, of the Resort Nursong>inong>g Home? Mr. HOFFINGER. That is ours. Mr. HALAM3ANDARIS. Let's see. We have a couple more. I don't know how we pronounce this one. ARCIU Caribbean Merc. Corp. Mir. HOLLANDER. That is ours. AIr. HALAMANDARIS. All right. Mr. Howard Kristol, representong>inong>g Charles Sigety, for the Florence Nightong>inong>gale Nursong>inong>g Home. Mr. MCKINNEY. My name is William McKong>inong>ney, attorney, and as you know, we have not produced any records this mornong>inong>g. We have submitted a letter requestong>inong>g extension of time until Friday of this week ong>inong> order to assess the issues presented by this subpena ong>inong> light of yesterday's State court decision, which quashed the State commission's subpenas, for the record.* * See appendix 1, Item 1, p. 2959.

2882<br />

Mr. HALAMIANDARIS. May we have Mr. Nis<strong>on</strong>off, represent<str<strong>on</strong>g>in</str<strong>on</strong>g>g the<br />

Genesee Nurs<str<strong>on</strong>g>in</str<strong>on</strong>g>g Home?<br />

Mr. BIRNBAUM. Mr. Nis<strong>on</strong>off is not here, but the Genesee Nurs<str<strong>on</strong>g>in</str<strong>on</strong>g>g<br />

Home has complied.<br />

Mr. HALAMANDARIS. Will you state your name?<br />

Mr. BIRNBAUM. Birnbaum, B-i-r-n-b-a-u-m.<br />

AIr. HALAMANDARIS. You are Mir. Emanual Birnbaum?<br />

Mr. BIRNBAUM. Yes, sir.<br />

Air. HALAMANDARIS. Mr. Fred Adams, is he here, representative of<br />

Grand Brokerage. Inc.?<br />

Mr. SACKS. Mr. Sacks is my name. I represent Grand Brokerage.<br />

All documents have been delivered pursuant to the subpena.<br />

Mr. HALAMANDARIS. Thank you, Mir. Sacks.<br />

We have Mr. Bernard Fishman, represent<str<strong>on</strong>g>in</str<strong>on</strong>g>g Gramercy Park Nurs<str<strong>on</strong>g>in</str<strong>on</strong>g>g<br />

Home<br />

Mr. SACKS. Excuse me.<br />

Does that excuse me?<br />

Mr. HALAMANDARIS. Yes, sir. We are <str<strong>on</strong>g>in</str<strong>on</strong>g>structed that Mr. Fishman<br />

will be here late. He has a court appearance.<br />

Is there a representative of the Ec<strong>on</strong>omy Restaurant & Supply Co.?<br />

Mr. GROSS. My name is Sidney M. Gross, I am the attorney for<br />

Ec<strong>on</strong>omy Restaurant & Supply Co.<br />

Our client has been served with the subpena, and garnered substantially<br />

all of the records the committee has requested.<br />

The subpena requested records of sales by my client, who is a<br />

wholesale grocer, to nurs<str<strong>on</strong>g>in</str<strong>on</strong>g>g homes. This requires allocati<strong>on</strong> and segregati<strong>on</strong><br />

of all of his records.<br />

The mass of records brought today, and any further records required,<br />

will be submitted.<br />

Mr. HALAMfANDARIs. Thank you.<br />

Do we have any representative of Bernard Moskowitz?<br />

Mr. MOSKOWITZ. My name is Bernard Moskowitz, with the Rofay<br />

Nurs<str<strong>on</strong>g>in</str<strong>on</strong>g>g Home.<br />

Mr. HALAM3ANDARIS. Do we have a representative of the Amsterdam<br />

Meat Co.?<br />

Michael Tennenbaum, of the Resort Nurs<str<strong>on</strong>g>in</str<strong>on</strong>g>g Home?<br />

Mr. HOFFINGER. That is ours.<br />

Mr. HALAM3ANDARIS. Let's see. We have a couple more.<br />

I d<strong>on</strong>'t know how we pr<strong>on</strong>ounce this <strong>on</strong>e. ARCIU Caribbean Merc.<br />

Corp.<br />

Mir. HOLLANDER. That is ours.<br />

AIr. HALAMANDARIS. All right.<br />

Mr. Howard Kristol, represent<str<strong>on</strong>g>in</str<strong>on</strong>g>g Charles Sigety, for the Florence<br />

Night<str<strong>on</strong>g>in</str<strong>on</strong>g>gale Nurs<str<strong>on</strong>g>in</str<strong>on</strong>g>g Home.<br />

Mr. MCKINNEY. My name is William McK<str<strong>on</strong>g>in</str<strong>on</strong>g>ney, attorney, and as<br />

you know, we have not produced any records this morn<str<strong>on</strong>g>in</str<strong>on</strong>g>g.<br />

We have submitted a letter request<str<strong>on</strong>g>in</str<strong>on</strong>g>g extensi<strong>on</strong> of time until Friday<br />

of this week <str<strong>on</strong>g>in</str<strong>on</strong>g> order to assess the issues presented by this subpena<br />

<str<strong>on</strong>g>in</str<strong>on</strong>g> light of yesterday's State court decisi<strong>on</strong>, which quashed the State<br />

commissi<strong>on</strong>'s subpenas, for the record.*<br />

* See appendix 1, Item 1, p. 2959.

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