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Nursing home owners seek injunction to prevent shutdown

By WILL ASTOR - 8/28/2013 5:05:56 PM

Owners of the beleaguered Blossom South LLC have gone to court seeking to avert an imminent shutdown of the 161-bed Rochester nursing home.

Slated to be shut down in some two weeks for its alleged failure to meet federal and state health and safety standards, Blossom South claims the state and federal regulators who ordered its closing ignored their own administrative procedures and violated the U.S. Constitution and federal law in failing to give the nursing home’s owners adequate time to protest the shutdown.

Filed Monday in U.S. District Court in Rochester, the action targets Department of Health and Human Services Secretary Kathleen Sebelius, Centers for Medicare and Medicaid Services administrator Marilyn Tavenner and state Department of Health commissioner Nirav Shah M.D.

Other than repayment of the nursing home’s legal costs, the lawsuit does not ask for monetary damages. It instead asks that orders by state and federal agencies to shut down the facility be quashed and for Blossom South to be given more time to respond to regulators’ complaints.

The privately owned, for-profit Blossom South acknowledges in its court complaint that it has been under regulatory scrutiny since 2011 but maintains that it has taken steps to correct deficiencies. 

“As we are operating under new management, we have been working hard on making changes to improve the facility, activities and quality of care,” reads a statement on Blossom South’s website.
    
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