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Division of Home & Community Based CareCharacter and Competence Staff ReviewName of Agency:Address:County:Structure:Application Number:229 Bennett Road Operating Company, LLC d/b/a Elderwood HomeCare at CheektowagaCheektowagaErieLimited Liability Company2028-LDescription of Project:229 Bennett Road Operating Company, LLC d/b/a Elderwood Home Care at Cheektowaga, a limitedliability company, requests approval for a change in ownership of a licensed home care services agencyunder Article 36 of the Public Health Law.Elderwood Village at Maplewood LLC was previously approved as a home care services agency by thePublic Health Council at its May 24, 2002 meeting and subsequently licensed as 1117L001. At that timethe membership was as follows: Robert Chur, Member – 75% and Carol Chur, Member – 25%.The members of the 229 Bennett Road Operating Company, LLC d/b/a Elderwood Home Care atCheektowaga comprises the following individuals:Warren D. Cole, Member, Co-CEO – 50%Partner, Post Acute Partners, LLCJeffrey Rubin, Member, Co-CEO – 50%Partner, Post Acute Partners, LLCA search of the individual named above revealed no matches on either the Medicaid Disqualified ProviderList or the OIG Exclusion List.The applicant will continue to serve the residents of the Erie from an office located at 229 Bennett Road,Cheektowaga, New York 14227The applicant proposes to provide the following health care services:NursingPhysical TherapyHome Health AideOccupational TherapyPersonal CareSpeech-Language PathologyA review of the operations of the following facilities was performed as part of this review for the timeperiods specified:ACU-acute care/hospitalALF-assisted living facilityHHA-home health agencyHOM-homecareHOS-hospiceICF-intermediate care facility/group homeIRF-intermediate rehabilitation facility (similar to SNF short term rehab)LTA-long term acute care hospital (similar to TCU)RX-pharmacySNF-skilled nursing facility/nursing home(Note: actual dates of ownership may extend prior to 2003)AlabamaLaurelton Rehabilitation and Nursing Center*SNF10/2006 to 5/2008CaliforniaSan Joaquin Valley Rehabilitation HospitalKenfield Rehabilitation HospitalCare Alternatives of 003-7/20042003-10/2009

ColoradoNorth Valley Rehabilitation Hospital (Haven Behavioral Sr. Care) ACU-PSYCHNorth Valley Rehabilitation Hospital (Vibra LTACH)LTANorth Valley Rehabilitation Hospital (Vista View Care onnecticutDanbury Health Care Center*Darien Health Care Center*Golden Hill Health Care Center*Long Ridge of Stamford*Newington Health Care Center*Partners Pharmacy of Connecticut*River Glen Health Care Center (a/k/a Southbury HCC)*The Highlands Health Care Center*West River Health Care Center (a/k/a Milford North HCC)*Westport Health Care Center*Wethersfield Health Care e Alternatives of KansasHOS2004-10/2009KentuckySouthern Kentucky Rehabilitation HospitalIRF5/2003-7/2004MarylandMontgomery Village Health Care CenterSNF2003-10/2009MassachusettsBrookline Health Care Center*Calvin Coolidge Nursing & Rehab Center for Northampton*Care Alternatives of Massachusetts*Concord Health Care Center*Essex Park Rehabilitation & Nursing Center*Holyoke Health Care Center*Lexington Health Care Center*Lowell Health Care Center*Millbury Health Care Center*New Bedford Health Care Center*New Bedford Rehabilitation Hospital*Newton Health Care Center*North Shore Health Care Center*Partners Pharmacy of Massachusetts*Peabody Glen Health Care Center*Redstone Health Care Center (a/k/a East Longmeadow HCC)*Weymouth Health Care Center*Wilmington Health Care 10/2009MichiganGrand Blanc Rehabilitation & Nursing CenterSNF10/2006-10/2009MissouriCare Alternatives of MissouriCliffview at Riverside Rehab & Nursing CenterPartners Pharmacy of /2009

New JerseyBergen Care Home HealthBergen Care Personal TouchCare Alternatives of New JerseyCare One at DunrovenCare One at East BrunswickCare One at EveshamCare One at Evesham Assisted LivingCare One at EwingCare One at HamiltonCare One at HolmdelCare One at Jackson (a/k/a Jackson HCC)Care One at King JamesCare One at LivingstonCare One at Livingston Assisted LivingCare One at Madison AvenueCare One at MoorestownCare One at Harmony Village at MoorestownCare One at MorrisCare One at Morris Assisted LivingCare One at Pine RestCare One at Raritan Bay MCCare One Harmony Village at MoorestownCare One at TeaneckCare One at The CupolaCare One at The HighlandsCare One at ValleyCare One at WallCare One at WayneCare One at WellingtonMarlton Rehabilitation HospitalOradell Health Care CenterPartners Pharmacy of New JerseySomerset Valley Rehabilitation & Nursing CenterSouth Jersey Health Care CenterWoodcrest Health Care /20092003-10/20092003-10/2009North CarolinaBlue Ridge Health Care CenterSNF8/2002-10/2009OhioBellbrook Health Care CenterThe Rehabilitation & Nursing Center at Elm CreekThe Rehabilitation & Nursing Center at FirelandsThe Rehabilitation & Nursing Center at Spring 6-10/200910/2006-10/2009PennsylvaniaCare Alternatives of PennsylvaniaPediatric Specialty Care at DoylestownPediatric Specialty Care at HopewellPediatric Specialty Care at LancasterPediatric Specialty Care at Point PleasantPediatric Specialty Care at QuakertownPresque Isle Rehabilitation & Nursing CenterSenior Living of LancasterThe Rehabilitation & Nursing Center at Greater PittsburgHOSSNFPED ICFPED ICFPED ICFPED 6-10/20092/2011-present10/2006-10/2009

Puerto RicoMedicare Y Mucho Mas*MedicareAgency2005-11/2009Rhode IslandScallop Shell Nursing & Rehabilitation CenterSNF12/2010-presentVirginiaCare Alternatives of Virginia*Colonial Heights Health Care Center*Glenburnie Rehabilitation & Nursing Center*Hopewell Health Care Center*Partners Pharmacy of Virginia*Valley Health Care Center*Westport Health Care 94/2002-10/20094/2002-10/2009In order to make a determination on whether a substantially consistent high level of care has beenprovided at the health facilities/agencies subject to review, a ten year review of the enforcement historyfor each is undertaken. A positive finding would result from concluding that there were no repeatenforcement actions causing harm to residents of a facility/agency for the same issue, during the past tenyears or for the years of ownership. For the subject application adequate surveillance documentationwith which to make a global finding cannot be obtained due to staffing issues at multiple states. To datestaff and the applicant have exhausted their efforts to obtain the necessary documentation, with theoutcome that adequate information is available for only 60 out of the total 100 disclosed health facilityinterests.For those health facilities/agency for which there is inadequate documentation, denoted by an asterisk (*)in the above listing, no negative information regarding the operator’s track record has been received. Inaddition the applicants have submitted affidavits regarding the incomplete surveillance history, in whichthey attest to the following:During the applicable period identified , the Entities may have been surveyed by the applicablestate regulatory authority. Statements of Deficiencies may have been issued, and enforcementaction(s) resulting in the payment of a fine may have been assessed. However, to my knowledge, duringthe applicable period , the Entities have not (i) received enforcement actions for repeat deficienciesthat were not remedied within timeframes required by applicable law or (ii) had a license or certificateissued by a state or federal regulatory authority suspended, terminated, revoked, denied, or annulled.Further, to my knowledge, there are no currently pending federal or state enforcement actions against theEntities For those facilities for which there was complete information available for review, staff concludes that asubstantially consistent high level of care has been provided.The following summarizes the review outcome for each state:A review of the Alabama facility noted above indicates there is insufficient documentation with which tomake a finding.A review of the California facilities noted above for the periods indicated reveals that a substantiallyconsistent high level of care has been provided with the exception of Care Alternatives of California forwhich there is insufficient documentation to make a finding.A review of the Colorado facilities noted above for the periods indicated reveals that a substantiallyconsistent high level of care has been provided.

A review of the Connecticut facilities noted above indicates there is insufficient documentation with whichto make a finding. The following seven Connecticut facilities owned by the principles were the subject ofa Chapter 11 bankruptcy action:Danbury Health Care CenterDarien Health Care CenterLong Ridge of StamfordNewington Health Care CenterWest River Health Care CenterWestport Health Care CenterWethersfield Health Care CenterA review of the Kansas facility noted above for the periods indicated reveals that a substantiallyconsistent high level of care has been provided.A review of the Kentucky facility noted above for the periods indicated reveals that a substantiallyconsistent high level of care has been provided.A review of the Maryland facility noted above indicates there is insufficient documentation with which tomake a finding.A review of the Massachusetts facilities noted above indicates there is insufficient documentation withwhich to make a finding.A review of the Missouri facility noted above for the periods indicated reveals that a substantiallyconsistent high level of care has been provided with the exception of Partners Pharmacy of Missouri forwhich there is insufficient documentation to make a finding.A review of the New Jersey facilities noted above for the periods indicated reveals that a substantiallyconsistent high level of care has been provided.A review of the North Carolina facility noted above for the periods indicated reveals that a substantiallyconsistent high level of care has been provided.A review of the Ohio facilities noted above for the periods indicated reveals that a substantially consistenthigh level of care has been provided.A review of the Pennsylvania facilities noted above for the periods indicated reveals that a substantiallyconsistent high level of care has been provided with the exception of Care Alternatives of Pennsylvania,for which there is insufficient documentation to make a finding.A review of the Puerto Rico health related agency noted above indicates there is insufficientdocumentation with which to make a finding.A review of the Rhode Island facility noted above for the periods indicated reveals that a substantiallyconsistent high level of care has been provided.A review of the Virginia facilities noted above for the periods indicated reveals that a substantially consistent highlevel of care has been provided with the exception of Colonial Heights Health Care Center, GlenburnieRehabilitation & Nursing Center, Hopewell Health Care Center, Valley Health Care Center and Westport HealthCare Center, for which there is insufficient documentation to make a finding.If able to base our judgment solely on the documentation received from other states, the Departmentwould be able to render a positive finding as to the character and competence of the applicants. Wemust, however, deal with a larger record, one which lacks sufficient documentation, by the Department’sstandards for analysis, of the applicants’ operation of 35 facilities in five different states. However, it