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| Michigan *Public Private Partnership* Nursing Facilities (Not to be confused with the cooties PPP) |
It seems, Matt Schnieder, Detroit, MIED U.S. Attorney, has referred the matter to the Civil Rights Division of DOJ, which seems to cloying Michigan Governor Gretchen Whitmer with those silenced cries for due process, a right of civility, for those individual residents of the State, who have unfortunately lost their lives to the cooties, by invoking CRIPA.
But, herein lies the issue - what about the private nursing homes?
Yes, that is correct, Michigan has privatized just about anything in the industry of human asset management.
By specifically using the term "public", this immediately stands up to me as a federally certified facilities, meaning, CMS authorizes cost reimbursement for Medicaid and Medicare.
Just for fun, because you know I love to disprove my first impressions when it comes to stealin', I conducted a random experiment, by controlling for randomness by closing my eyes and picking one *Public Private Partnership* nursing facility, and looked up Shorepointe Nursing Center.
ID Number: 801417624
Summary for: WBH NCC #1, LLC
The name of the DOMESTIC LIMITED LIABILITY COMPANY: WBH NCC #1, LLC
Entity type: DOMESTIC LIMITED LIABILITY COMPANY
Identification Number: 801417624 Old ID Number: D1960E
Date of Organization in Michigan: 06/07/2007
Purpose: All Purpose Clause
Term: Perpetual
The name and address of the Resident Agent:
Resident Agent Name: RAJ PATEL
Street Address: 26001 JEFFERSON
Apt/Suite/Other:
City: SAINT CLAIR SHORES State: MI Zip Code: 48081
Registered Office Mailing address:
P.O. Box or Street Address: 25500 MEADOWBROOK RD STE 230
Apt/Suite/Other:
City: NOVI State: MI Zip Code: 48375
Act Formed Under: 023-1993 Michigan Limited Liability Company Act
The last time I checked, an LLC is a private, not public, I decided to see what Raj had to say about this.
Optalis nursing home chain further expanding reach ‘ahead of the curve’
A growing skilled nursing and senior living company is looking to expand its reach throughout the United States.Optalis Healthcare, based in Novi, MI, gearing up to either build or acquire more facilities in Michigan, Ohio and Florida, Crain’s Detroit Business reported. CEO Raj Patel, however, declined to specify the number of facilities or give any details about future acquisitions, stating plans “are still under review.”
“We are very optimistic that we are in front of the bell curve with a large amount of seniors eight to 10 years away from when they really need services,” Patel told the news organization. “Age 65 is the new 55. Many seniors don’t need a lot of services until they get into their high 70s, early 80s. We are innovative and ready for the big wave.”
The 15-facility company purchased five Detroit-area, Beaumont-affiliated properties (four SNFs and one senior living facility) from Premier Health Care Management in September. Patel called the deal a “perfect fit to the Optalis growth plan in the southeast Michigan market.”
https://www.detroitnews.com/story/opinion/2020/04/02/letter-frontline-responders-nursing-facilities-need-help-state/5115831002/
TRANSLATION: RAJ BOUGHT UP A BUNCH OF OLD ASCENSION PROPERTIES THEN STARTED STEALIN' BECAUSE THEY RUN THE EXACT SAME MEDICAID FRAUD SCHEMES IN CHILD WELFARE
The only question is, which Raj Patel?
https://www.macombdaily.com/news/local/medstar-buys-52-new-ambulances-takes-over-medical-transport-helicopter/article_5253ea08-dbc8-11e9-a80b-236d125ba94b.html
Here are the assumed names:
Assumed Name Creation Date Renewal Date Expiration Date
EAGLE POINTE APARTMENTS 3/18/2013 2/31/2018 ???
SHOREPOINTE NURSING CENTER PROPERTY 9/18/2007 10/2/2017 12/31/2022
And, here is the LLC.
ID Number: 801417628
Summary for: WBH NCC #2, LLC
The name of the DOMESTIC LIMITED LIABILITY COMPANY: WBH NCC #2, LLC
Entity type: DOMESTIC LIMITED LIABILITY COMPANY
Identification Number: 801417628 Old ID Number: D1960J
Date of Organization in Michigan: 06/07/2007
Purpose: All Purpose Clause
Term: Perpetual
The name and address of the Resident Agent:
Resident Agent Name: TIMOTHY C SPIRO
Street Address: 100 W. LONG LAKE ROAD
Apt/Suite/Other: SUITE 250
City: BLOOMFIELD HILLS State: MI Zip Code: 48304
Registered Office Mailing address:
P.O. Box or Street Address: 100 W. LONG LAKE ROAD
Apt/Suite/Other: SUITE 250
City: BLOOMFIELD HILLS State: MI Zip Code: 48304
Act Formed Under: 023-1993 Michigan Limited Liability Company Act
They even have a lien which means there is intellectual property and a foreign parent.
File Number Lien Type Debtor Name Filing Date Lapse Date Status
2008000844-6 UCC Lien WBH NCC #2, LLC 01/02/2008 01/02/2023 Active
Were these Mooney Real Estate Holdings, LLC transactions?
Death toll rises as coronavirus sweeps through Michigan nursing homes
I am not going to broach the subject of how or why Ascension St. John was flipping properties, because I already did, but we shall soon revisit these days of yore.
See, there is no FOIA for private state contractors, so, Michigan self reports, which means they are not held to GAGAS or any external audit.
Try filing a FOIA for school records for a former foster child and see what happens.
So, if there is no FOIA in child welfare, what the hell makes you think there is FOIA in nursing home data?
The only logical action by DOJ would be to use the CRIPA prong test.
CRIPA, in part, says:
The CRIPA prong test is when DOJ asks for information in the course of a civil rights investigation, where, in this instance, happens to be individuals who died from the cooties in public nursing homes, and the State Governor says, "No".
That is how you automatically know they are stealin'. [see above].
Then, there is still that lingering issue about DOJ asking MIED to look into the constitutionality of Gretch's Executive Orders, where, I have addressed her illegitimacy to be granted under that indelible seal to hold office.
What a messy!
I guess Gretch has two choices: (1) produce the data; or, (2) bear her armiger, but, hey, what do I know?
Try filing a FOIA for school records for a former foster child and see what happens.
So, if there is no FOIA in child welfare, what the hell makes you think there is FOIA in nursing home data?
The only logical action by DOJ would be to use the CRIPA prong test.
CRIPA, in part, says:
(II) residing in such facility or institution for purposes of receiving care or treatment; or
(III) residing for any State purpose in such facility or institution (other than a residential facility providing only elementary or secondary education that is not an institution in which reside juveniles who are adjudicated delinquent, in need of supervision, neglected, placed in State custody, mentally ill or disabled, mentally retarded, or chronically ill or handicapped); or (v) providing skilled nursing, intermediate or long-term care, or custodial or residential care.So, what if the CRIPA prong test?
(2) Privately owned and operated facilities shall not be deemed "institutions" under this subchapter if-- (A) the licensing of such facility by the State constitutes the sole nexus between such facility and such State;
(B) the receipt by such facility, on behalf of persons residing in such facility, of payments under title XVI, XVIII [42 U.S.C.A. §§ 1381 et seq., 1395 et seq.], or under a State plan approved under title XIX [42 U.S.C.A. § 1396 et seq.], of the Social Security Act, constitutes the sole nexus between such facility and such State; or
(C) the licensing of such facility by the State, and the receipt by such facility, on behalf of persons residing in such facility, of payments under title XVI, XVIII [42 U.S.C.A. §§ 1381 et seq., 1395 et seq.], or under a State plan approved under title XIX [42 U.S.C.A. § 1396 et seq.], of the Social Security Act, constitutes the sole nexus between such facility and such State; (3) The term "person" means an individual, a trust or estate, a partnership, an association, or a corporation;
The CRIPA prong test is when DOJ asks for information in the course of a civil rights investigation, where, in this instance, happens to be individuals who died from the cooties in public nursing homes, and the State Governor says, "No".
That is how you automatically know they are stealin'. [see above].
Then, there is still that lingering issue about DOJ asking MIED to look into the constitutionality of Gretch's Executive Orders, where, I have addressed her illegitimacy to be granted under that indelible seal to hold office.
What a messy!
I guess Gretch has two choices: (1) produce the data; or, (2) bear her armiger, but, hey, what do I know?
#maytheheavensfall
Dept. of Justice requesting COVID-19 nursing home data from Gov. Whitmer
(FOX 2) - The Department of Justice is requesting data from Michigan Gov. Gretchen Whitmer in regard to the COVID-19 order that may have resulted in deaths of elderly nursing home residents.The data is being requested to help inform whether the Department of Justice will initiate investigations under the Civil Rights of Institutionalized Persons Act (CRIPA).
Other governors were asked to also provide data, including New York, New Jersey and Pennsylvania. These states required nursing homes to admit COVID-19 patients, often without adequate testing.
The DOJ is asking for the following information from Gov. Whitmer:
- The number of public nursing home residents, employees, other staff, guests and visitors who contracted COVID-19, regardless of where it was contracted
- The number of public nursing home residents employees, other staff, guests and visitors who died of COVID-19 including those who died in a public nursing home or after being transferred to a hospital or other medical facility, hospice, home care or any other location
- All state-issued guidance, directives, advisories or executive orders regarding admission of persons to public nursing homes, including those previously superseded, as well as the dates each such document was in effect
- The number of persons who were admitted to a public nursing home from a hospital or any other facility, hospice, home care or other location after testing positive for COVID-19 during the period the guidance or orders were in effect
The information requested is due within 14 days.
You can see the letter sent to Gov. Whitmer here.
... "This is nothing more than election year politics by an administration that is more concerned with the president's re-election campaign than protecting Michigan seniors."
— Governor Gretchen Whitmer's Press Secretary Tiffany Brown
Gov. Whitmer's office released the following statement later in the day Wednesday after receiving the letter:
"Protecting the health, safety, and wellbeing of our seniors and most vulnerable residents has been a top priority throughout this crisis. The fact that this letter was sent during the middle of the Republican National Convention week to four Democratic governors should make it crystal clear that this is nothing more than election year politics by an administration that is more concerned with the president's re-election campaign than protecting Michigan seniors. We will review this letter and respond as appropriate, however, Americans would all be better served if the Trump administration stopped the partisan games and focused on delivering a real plan to defeat COVID-19."
In a town hall with FOX 2 back in July, Gov. Whitmer said she was following the best advice she had at the time when making this decision.
Whitmer said that the state was following guidance from the Center for Disease Control and prevention when COVID-19 patients were housed with non-coronavirus patients in nursing homes.
"We know that this experience has played out across the planet frankly but we’ve seen it in real-time here in the U.S., first in Seattle then of course across the U.S.," she said. "In every step of the way we've followed the CDC best guidance and our policies reflected that. All of the efforts that we've taken to keep people safe by closing down the ability for outsiders to come in, our policy with regard to...we never once required that nursing homes took COVID-19 patients. Many chose to and when they did they followed the promulgated practices from the CDC about separation and not having intermingling at all," she said.
And she did admit that following best practices ended with lives being lost to the virus.
"In the early days, following the CDC was the gold standard. That's what we were doing," Whitmer said. "Our nursing home death numbers are far too many but are better than in many other states. At the time we followed the protocols the CDC has prescribed."
In the end, Whitmer said if she had the knowledge she has now, she would do things differently but says it was CDC guidance.
"We followed the protocols that they prescribed and that's the best any state was able to do, frankly," she said. "We always have a mindest we are going to be conservative and follow the science. And sometimes that makes us a leader and in other ways, it's made us average with other states. With nursing home experiences, it's the latter."
The Department of Justice’s Civil Rights Division is evaluating whether to initiate investigations under the federal “Civil Rights of Institutionalized Persons Act” (CRIPA), which protects the civil rights of persons in state-run nursing homes, among others.
The Civil Rights Division seeks to determine if the state orders requiring admission of COVID-19 patients to nursing homes is responsible for the deaths of nursing home residents.
According to the Centers for Disease Control, New York has the highest number of COVID-19 deaths in the United States, with 32,592 victims, many of them elderly.
New York’s death rate by population is the second highest in the country with 1,680 deaths per million people. New Jersey’s death rate by population is 1,733 deaths per million people - the highest in the nation.
In contrast, Texas’s death rate by population is 380 deaths per million people; and Texas has just over 11,000 deaths, though its population is 50 percent larger than New York and has many more recorded cases of COVID-19 - 577,537 cases in Texas versus 430,885 cases in New York.
Florida’s COVID-19 death rate is 480 deaths per million; with total deaths of 10,325 and a population slightly larger than New York.
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