Viewpoints For October 28, 2005
Last updated Wednesday, October 26, 2005 10:17 PM CDT in Opinion
The Morning News
Questions About Nursing Home Sale Remain
In a paid advertisement titled, A Message to Our Community, that ran Oct. 2, the chairman of Beverly Enterprises makes a series of statements. For the record, we would like to address his claims.
Beverly says, "NASC has stated its intention to retain BEI's various businesses, including BEI's eldercare service businesses, and to keep BEI's headquarters and company-support functions in and around Fort Smith."
The truth: No they have not in fact, Beverly's own documents and recent public statements admit that NASC will not put such a commitment in writing. In (a recent) newspaper, a company spokesman said, "There's nothing in writing and there won't be."
Beverly says: "We haven't been discussing the specifics of the sale, simply because they have not been formulated yet, and won't be until NASC finalizes its financing commitments.
The truth: But Beverly has been discussing the specifics of the sale; in letters to the press, in a meeting with the governor, and in handouts to lawmakers. But whenever there are questions that they don't like, they say, "We haven't been discussing specifics of the sale."
Beverly says: "Under the terms of our agreement with NASC, NASC must fully adhere to BEI's Corporate Integrity Agreement with the U.S. Department of Health and Human Services, which specifically addresses the delivery of quality care in our patients everywhere we operate."
The truth: The Corporate Integrity Agreement was amended last year to state, "facilities and entities which Beverly divests will be excused from the obligations of the CIA." This amendment speaks for itself.
Beverly says: "There will continue to be strong regulatory oversight of BEI's homes after our sale to NASC. The Arkansas Office of Long Term Care and the office of the Attorney General along with federal agencies, have and will continue to exercise their oversight authority over all nursing homes in the state."
The truth: The first line of regulatory oversight comes from the legislature. We learned just last month how powerful an army of Beverly's lobbyists can be there. In fact, two hearings were shut down by the aggressive lobbying of Beverly's hired guns. Secondly, the State Office of Long Term Care and the Attorney General have both stated that they have no regulatory oversight in this matter.
Beverly says: "If this sale to NASC is not completed, BEI will not return to pretakeover status. BEI's board has clear instructions from its shareholders to sell the company. We've always worked hard to make the delivery of quality care our most fundamental core process at BEI. Only through success in this critical area can the company be successful, regardless of whether BEI is publicly held as it is today or privately owned, as it will be after the sale. We believe that this commitment to quality care simply makes good business sense."
The truth: The reason there is a Corporate Integrity Agreement in the first place is that Beverly has continuously shown disdain for the residents they are supposed to be caring for. Their recent settlement for over a million dollars is just the latest in a string of settlements for ongoing and pervasive neglect of residents. Few resident advocates have a problem with Beverly selling. The problem is that they are selling to a group of developers who have made it clear that they are looking at this as primarily a real estate deal and not as a way to care for residents. These developers have torn apart nursing home corporations in the past and have effectively shielded themselves from regulatory and judicial oversight. Beverly has a history of neglecting residents and it appears even in its final throes, will continue this pattern of treating the elderly like mere commodities.
Nancy Allison
president AANHR
Conway
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