The Blossom South Nursing and Rehabilitation Center has filed for a preliminary injunction against the NYS Department of Health (DOH) and the Federal Government Center for Medicare & Medicaid Services (CMS) to prevent them from discontinuing Medicare and Medicaid payments to the nursing home until a full review of each party’s rationale is examined by the judge.  On November 4th at 1:00 PM in U.S. Federal Judge David G. Larimer’s courtroom in the Rochester Federal Courthouse at 100 State Street the judge will hear both Blossom South’s arguments to delay funding discontinuation and the DOH’s and CMS’ arguments showing that the nursing home has failed to improve upon its 27 month status as the only Special Focus Facility (nursing homes that have a track record of substandard quality of care) in Monroe County, and thus deserves funding discontinuation.

This case raises serious questions about the inadequacy of NYS Medicaid funding levels for city nursing homes (Blossom South has the lowest Medicaid reimbursement rate in Monroe County), the inadequate staffing levels of the lowest rated nursing homes in the city which primarily serve low income people of color, the allocation of operating income funds by for-profit nursing homes (like the Blossoms) versus not-for-profit homes, and the intention and ability of the present owners to finally seriously resolve their homes’ inadequacies.   We would very much like to see Blossom South increase direct staffing levels and resolve their long-standing issues as a CMS rated “1 star - much below average” facility. But we believe that the NYS DOH must take a hands-on role in overseeing Blossom South’s daily operation by appointing a full time on-site monitor or receiver until Blossom South meets the minimum criteria to be declared a “3 star - Average facility” if Medicaid and Medicare funding are to be continued.

Take Action for Safe Staffing and Elder Justice here! Attend the Federal Court hearing onNovember 4th in the Federal Courthouse to show that there is significant community interest in improving the quality of our nursing homes.   Wear your Metro Justice T-shirt (available at the Metro Justice office 167 Flanders Street; Rochester, NY 14619; 325-2560)