The Minnesota Department of Health (MDH) has temporarily taken over the management of Twin City Gardens Nursing Home, 2309 Hayes Street NE. MDH announced the takeover on Oct. 25.
MDH assumed control of the nursing home, which has 31 residents and 61 employees, under a receivership granted by a Ramsey County judge. Receivership allows the state to take control when there are serious health and safety concerns for residents.
A press release from MDH said, “During 2021, MDH has been on-site to conduct complaint investigations several times. During their most recent on-site visits between Oct. 12 and Oct. 21, MDH surveyors documented multiple findings regarding patient care and services. In addition, last week MDH staff found evidence of staff payroll checks being returned with insufficient funds and unpaid bills for oxygen, insurance and medications.”
Scott Smith, MDH spokesperson, said the growing list of unpaid bills and concern for residents’ health triggered the MDH’s request for receivership.
The nursing home formerly known as Bethany Care Center has been in trouble for a number of years, according to ProPublica, which tracks nursing home infractions on its website. The site lists Medicare inspections that found deficiencies in medical care in eight instances from December 2017 to January 13 of this year. In report card terms, the nursing facility on the eastern edge of Windom Park earned Ds and Fs.
In the December 2017 report, accessible at https://www.medicare.gov/care-compare/details/nursing-home/245578?city=MINNEAPOLIS&state=MN, inspectors noted that one resident was constantly shifting position in a wheelchair that was too small for him. He was found to have several pressure ulcers on his backside and was experiencing increasing difficulty getting in and out of the chair. That same report documented several instances of residents using filthy, worn-out wheelchairs.
Other reports detailed physical and sexual abuse of residents by staff that didn’t appear to be dealt with by administrators.
In the January report, inspectors found that the nursing home failed to appropriately notify residents and families about a COVID-19 outbreak in December. Medicare rules state that nursing homes must notify them by 5 p.m. of the day following discovery of an outbreak. Five residents and three staff members tested positive for the coronavirus.
Twin City Gardens also did not offer seasonal flu vaccines as required. Other infractions included not using hospital- grade disinfectant wipes to clean equipment between uses.
The property was acquired in 2015 by Gideon Asset Management, a Manhattan-based investor. Hennepin County tax records show the owner as Bethany Realty of Spring Valley, N.Y.
The nursing home business is owned by PC Hayes Management LLC, Round Rock, Texas. The court order filed in Ramsey County District Court names Philip Thompson as the sole owner and manager. He appears to live in Round Rock or suburbs of Austin, Texas.
PC Hayes began managing the nursing home in October 2020, according to NPINO.com (National Provider Identifier). The home’s license expired Sept. 30 and was not renewed. Thompson also owns Phil Chai Healthcare Management, also based in Texas.
Minnesota inspectors visited the facility daily Oct. 13-21, following notification from staff that their paychecks had bounced. They found Xcel Energy had sent a disconnect notice because of unpaid bills. Some of the residents require oxygen. Because of delinquent payments, the oxygen supply was low and some residents had to visit emergency rooms.
The court order states, “The purpose of the receivership is to provide for the orderly transfer of the nursing home’s residents to other facilities or to make other provisions for their continued safety and health.” Lake Elmo-based Pathway Health, a professional management firm that specializes in interim management of long-term care and assisted living facilities, will manage the facility at least through May 2023. (By law, receivership cannot exceed 18 months.)
Under the order, PC Hayes was given 72 hours to give its financial records to the state, including the names of banks where its accounts are located and banking records. The company was also given 72 hours to turn its trust accounts, accounts receivable, checks and accounts payable over to MDH.
MDH/Pathway Health will act on behalf of PC Hayes, handling the nursing home’s finances. The management firm will also make employment decisions, supervise employees’ work and manage the payroll, but PC Hayes will still be listed as the employer.
The state will not be liable for PC Hayes’ debts and losses. A hearing was scheduled for Oct. 27 on Zoom to allow PC Hayes Management to show cause why MDH should not continue the receivership.
Residents told the Northeaster Thompson was at the nursing home the weekend before MDH took over. When a couple of residents went outside to enjoy the weather, they were locked out of the building. Thompson, they said, didn’t appear to have a key.
Reached by phone, Thompson said he couldn’t comment on the situation. “It’s in legal,” he said.
Below: The sign at the back of the nursing home still reads Bethany Care Center. Paula, a Northeast native, stayed in Twin City Gardens for rehabilitation after a bicycle accident. “I’ve got two more weeks here,” she said. “I can’t wait to get out. I wish I could take all the residents with me.” (Photos by Cynthia Sowden)
