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Tackling The Problem Of Nursing Home Shell Companies

Nursing Home

The provision of a safe and nurturing home for the elderly or those who are in some way incapacitated, is the purpose for the development of nursing homes. To ensure that their relatives are offered the best care possible, family members pay large sums of money to nursing homes. In return the residents are offered good meals, somewhere comfortable to sleep, and the opportunity to engage in different activities each day. This is not the situation in all nursing homes however, as some residents experience abuse, whether verbal or physical by staffers or aides, and sometimes they are not allowed to move freely and their money or personal possessions are stolen. The unforgivable acts are sometimes even worse, and this is merely a generalization of the reality. Since the homes are responsible for any acts by their staffers, or any failure to act, they are subject to litigation. The principle used in this case is called “respondeat superior”, where the home can be faced with lawsuits, as a result of their being deemed to have displayed negligence in the hiring of the wrongdoer. The nursing homes have avoided paying however, by employing unique strategies, and this has been evident in several states, such as New York, otherwise known as NYC.

The operators of nursing homes in New York City, according to the explanation on a website which is committed to long-term care and assisted living, in essence use their legal entity status as protection. A term which is commonly used in the media is “shell corporation”. A  shell corporation exists when there is the creation of a legal entity, for the sole purpose of the execution of transactions, while the entity itself does not function as a real company with significant assets. This allows for companies to avoid taxes or being publicly connected with particular transactions. A similar strategy has been followed by nursing homes in NYC, where they set up shell entities, and therefore are able to avoid some taxes, and keep these shells separate from any assets. Since they appear to be asset-less entities, they are considered to not have the ability to pay any damages that may result from a judgment or settlement.  By utilizing this strategy, they are able to avoid suits, and this also makes it extremely difficult for them to be overseen by federal and state agencies, as ownership is attached to a shell entity.


Federal and State Fixes

To tackle nursing homes’ “duck and cover”, there are laws being developed at the federal level in some states. Included in the Patient Protection and Affordable Care Act, which is also referred to as “Obamacare“, there is the Nursing Home Transparency and Improvement Act. This Act provides for the improvement of the quality of care, received by residents in these nursing homes, that receive federal funding through both the Medicare and Medicaid programs. Government and state agencies will also be able, under the Act  to oversee the homes more effectively. The homes that receive federal dollars, will also be required to disclose any information, about the ownership interests of the nursing home operators as well as details on the managers of the operations of the home.  This will address the issue of shell entities in particular. Some of the additional information that will be required includes the finances, overall governance and the operations of the nursing homes. In Connecticut, they have endeavored to encourage transparency, by introducing a new bill in the legislature, that would require companies performing contract work, such as nursing homes that provide rehabilitation services,  to report on their finances.

If the reporting on financing and operations relationships by operators of the homes is strongly enforced, then the apparent tangled web of entities, will be removed, and some degree of transparency will be achieved. Both the government and the public will better understand what the liabilities of these entities are. This will assist in the monitoring of these entities, and the development of measures to alleviate this problem.

Top Four Physical Therapy Centers In New York

Therapy Session

Considering the fact that several physiotherapy clinics have set up shops in New York (and more are setting up shops everyday) and all of them claim to be the best in the business, it can get confusing if you are trying to hire the services of a clinic. It is not a simple task to find a good physiotherapy clinic in such a big city but in any case, you want to have what is best for you. You need a clinic that tailors its services to suit your problems, provides experienced and skilled physiotherapists, provides variety of services, offers convenient and flexible timings. So, it may be relatively safer to sign up with a clinic which has been in the business for a long time (at least ten years) and has a proven record.

Here is a list of four reputable physiotherapy clinics in New York.

New York Sports Med and Conditioning Center

 The clinic, which opened its doors to patients in 2006 and has been providing excellent services, is known for the variety of services it offers. Electromyography, occupational and hand therapies, trigger-point injections, physical and sports medicine, myofascial release, back pain, joint fluid replacement, cold laser therapy, capsular contracture, aging athlete care, personal training programs and post-surgical rehabilitation — almost everything related to therapy is available under one roof. The clinic offers services from some of the top therapists, nurses and doctors. While it employs some top nurses, doctors, and therapists, many eminent physiotherapists and doctors regularly visit the clinic. Each patient is offered personalized attention and therapy schedule. No wonder that the clinic boasts of a highly satisfied clientele. The clinic has offices in West Side, Midtown and Union Square. It accepts insurance policies from almost all insurance providers.

Sports Physical Therapy of New York

 One of the most popular clinics in the city of New York specializes in sports therapy and not surprisingly, athletes constitute a big chunk of its clientele pie. However, it also provides quality services in other physiotherapy areas such as back pain, aging athlete care, joint fluid replacement, capsular contracture, cold laser therapy and personal training programs. The clinic is unique mainly because even after it discharges a patient; it regularly follows up with the patient to find out the progress report. From the perspective of a patient, that is a heart-warming gesture. This illustrated rehabilitation center is engaged with several other heartening initiatives such as blood donation camps, free medical donation and medical camps. The clinic has, since 2005, allied with several reputable organizations such as American Cancer Society, American Heart Association, American Red Cross, Arthritis Foundation, Little Flower Children’s Agency, Brooklyn and Lymphoma Research Foundation. The clinic has, other than its New York office, 20 more offices across the state.

Physical Therapy

Manhattan Pain Center

 The pain Center is headed by Dr. Joseph Simon who has more than 10 years of experience in conditioning and therapy. The unique selling proposition of the clinic is that all its therapists and doctors are trained in Redcord’s Neuromuscular Activation Therapy and in functional sports medicine and sports conditioning. If you did not know already, Redcord is designed to work on specific body areas and gradually increase intensity as the rehabilitation progresses. The therapy program can easily adjust to variable strength levels. So, the team at the clinic can effectively treat such problems as rotator cuff injuries, sciatica, neck pain, ITB syndrome, ankle sprains and knee pain. The clinic is popularly known as Manhattan Center of Therapy. Just like other reputable clinics, the Manhattan clinic accepts insurance policies from all leading insurance providers.

ActiveCare Physical Therapy

 If you are looking for a physiotherapy care center in midtown NYC, this clinic could be the one. The conditioning and training center is unique in the sense that it attempts to provide holistic therapy. While treating a patient, a therapist takes care of the joints, kinetic chain movement, and power coming from the core of the body of the patient. The therapist chalks out a treatment plan based on the lifestyle and diet of the patient. The clinic mainly uses manual therapy, Myofascial Release Techniques and Pilates. The Pilates is considered one of the better holistic treatments, especially for rehabilitation.

While you consider signing up for the rehabilitation and therapy centers described above, you need to understand how you should be identifying a clinic in NYC. The sheer number of clinics in NYC is enough to confuse and overwhelm anyone but you should focus on a clinic’s record, uniqueness and see whether it is suitable for you.