Two Erie County nursing homes, The Waters of Aurora Park, and The Waters of Orchard Park, both owned by Neil Chur, agreed in October 2003 to pay back $3 million in Medicaid funding and to undergo independent monitoring as a result of not providing adequate care to its residents. Chur also agreed to institute compliance programs in the other nursing homes he owns in New York.
The agreement stemmed from a Department of Health investigation over a three year period. Among the findings, the DOH discovered that the nursing homes failed to treat pressure sore wounds; failed to give medications to patients in a timely manner; failed to provide treatments and evaluations, and failed to provide toilet assistance to some patients. In addition, the DOH found that the homes lacked staffing to deliver appropriate care.
Eliot Spitzer, who was the Attorney General at the time, stated, “The lesson to be drawn from this case is that nursing homes must provide sufficient nursing staff to ensure that every resident received the basic care they are entitled to receive.”