New Jersey
State suspends 4 NJ nursing facilities from Medicaid after parent company’s guilty plea
 
																								
												
												
											 
What happens when someone is arrested and charged with a crime?
When someone is arrested and charged with a crime, police departments observe a protocol that includes the reading of Miranda Rights.
The owners of four skilled nursing facilities in North Jersey will be suspended from New Jersey Medicaid starting in May following a guilty plea by parent company KBWB Operations and its former CEO Kevin Breslin to federal health care fraud and tax conspiracy charges in January, the Office of the State Comptroller stated Monday.
In January, KBWB Operations LLC and Breslin of KBWB-Atrium pleaded guilty to health care fraud and tax conspiracy in an alleged scheme to divert millions of dollars in Medicaid and Medicare funds away from nursing facilities in Wisconsin for personal expenses and other purposes.
At one time, according to the state comptroller, Breslin and KBWB operated about a dozen facilities in New Jersey as well as several others in Wisconsin and Michigan.
Following this guilty plea, in a letter dated Feb. 6, the comptroller notified Little Falls-based KBWB Operations, doing business as Atrium Health and Senior Living, as well as Breslin and the other owners of KBWB Operations that, as of May 7, they and their four NJ facilities will no longer be able to provide services to Medicaid beneficiaries or receive Medicaid funds as long as KBWB-Atrium and Breslin are the owners. Aside from Breslin, other owners who received suspension notices from the OSC include William G. Burris, Jr., William G. Burris III, Mary Theresa Khawly, Elia Zois and Vincent Tufariello.
The affected facilities include the Avalon Rehab and Care Center in Wayne, Atrium Post Acute Care of Wayne, Atrium Senior Living of Park Ridge and Atrium Post Acute Care of Park Ridge.
These facilities may continue to remain in the Medicaid program if the current owners disassociate from them entirely. According to the comptroller, this means that they must either “divest ownership or the facilities are placed under the control of a receiver or other independent party so that the suspended individuals have no access to authority over Medicaid funds.”
This action marks only the latest to remove nursing home owners from Medicaid due to evidence of fraud and/or irresponsible management, according to the comptroller report. The comptroller has taken action against the owners and administrators of seven other New Jersey nursing homes over approximately the last 12 months.
For example, a December report found that the owners and operators of South Jersey Extended Care, the state’s worst-rated nursing home, improperly funneled millions of dollars of Medicaid funds into their own business and personal charities, “leaving residents to live in a dismal, understaffed, and under-resourced facility.”
“Again and again, we are seeing owners and operators of Medicaid-funded nursing homes in New Jersey engaging in massive fraud. That’s causing real harm to the vulnerable residents who rely on Medicaid. The fraud is also wasting taxpayer dollars,” said acting State Comptroller Kevin Walsh. “This is a systematic problem, and it needs to be treated as one.”
The December report made several recommendations to the Department of Human Services, the Department of Health, and the legislature to protect the integrity of Medicaid, the comptroller said.
Breslin and KBWB are scheduled to be sentenced in May, according to the comptroller. The owners of the affected facilities have a right to challenge their suspension and disqualification from Medicaid.
 
																	
																															New Jersey
New Jersey governor’s race: Jack Ciattarelli votes early; Mikie Sherrill to campaign with Obama
 
														 
NEW JERSEY (WABC) — Democrat Mikie Sherrill is preparing for a campaign blitz this weekend and Republican Jack Ciattarelli cast his vote in the New Jersey gubernatorial election on Friday.
The energy was high and so was the optimism for Ciattarelli who voted early in Bridgewater. He has shifted to a full court press of campaigning over the next four days until Election Day.
“We try to touch four counties every day, there’s eight stops today, we’ve got rallies all throughout the state, reminding people that we’re still in the midst of early voting,” Ciattarelli said. “Two more days after today and reminding people to don’t wait till Tuesday. Anything can happen.”
Turnout is high for early voting and mail-in ballots as nearly one million New Jerseyans have already voted.
“I am a strong law and order, yet compassion for our citizens. I think we could do both with Jack,” voter Claudia Levin Bateman said.
“New Jerseyans are fed up, paying high electrical bills, paying taxes, fees, tolls, everything keeps going up. Our government’s a mess. We need to sort of rally to come in and save New Jersey,” voter Phillipe Pedroso said.
This is the second most expensive gubernatorial race in the state’s history.
Sherrill’s campaign has edged out Ciattarelli in fundraising — $51 million to $47 million.
That is mirrored by campaign spending. Sherrill has spent $43 million and Ciattarelli has spent $39.7 million.
“I feel great, I only have ’21 to compare it to, I really thought I was going to win that race,” Ciattarelli said. “You know how close we came? This one feels very different. Energy up and down. The state is electric. The reception in the minority communities across states been overwhelming positive.”
Sherrill has also been on the campaign trail all week and former President Barack Obama will headline a rally for her Saturday in Newark.
“To me, centering a campaign and what you are hearing on the ground, cutting out the noise sometimes from what’s going on online or elsewhere, but really centering on the very people that you want to serve is incredibly important and I think incredibly successful,” Sherrill said.
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New Jersey
Addressing NJ Food Bank luncheon, Feeding America CEO stresses the need as SNAP cuts loom
 
														 
More than 350 people came together in Whippany, New Jersey, on Thursday for the annual Women Fighting Hunger Luncheon to benefit the Community FoodBank of New Jersey (CFBNJ).
New Jersey’s largest anti-hunger organization, CFBNJ services 15 counties in helping more than 750,000 people with food insecurity.
NBC 4 New York Anchor Natalie Pasquarella moderated a discussion on how to tackle hunger with keynote speaker Claire Babineaux-Fontenot, the CEO of Feeding America and Elizabeth McCarthy, President and CEO of CFBNJ.
“I think sometimes people misunderstand SNAP and don’t know that 82% of households who are getting SNAP have a working adult in the household,” says McCarthy. “It’s just really hard with prices going up and wages staying flat for people to make it paycheck to paycheck. Almost half the people on SNAP are children.”
More than 350 people came together for the Women Fighting Hunger luncheon in Whippany. NBC New York’s Natalie Pasquarella moderated a discussion with local advocates and Feeding America’s CEO, who has called SNAP cuts a “crisis situation” for local families, adding that one in nine New Jersey residents are food insecure.
Babineaux-Fontenot, head of the nation’s largest domestic hunger-relief organization, told NBC New York that this is a crisis situation and people can take action in their communities.
“The reality is that this could truly be cataclysmic for this whole state and the nation,” said Babineaux-Fontenot. “They should reach out to their members of Congress and tell them, this issue matters. It’s not something we should play around with. It’s not a bargaining chip. Let’s make sure that everyone in your community gets the food that they need.”
Prior to the luncheon, guests packed donation bags full of non-perishable items which will be distributed across New Jersey.
To learn more about CFBNJ, click here. To learn more about Feeding America, click here.
New Jersey
George Norcross threatens lawsuit over New Jersey racketeering case, seeks reporters’ records
 
														 
South Jersey political boss George Norcross is threatening to sue New Jersey law enforcement leaders who fingered him and key associates in a criminal racketeering case that was thrown out of court earlier this year.
In an Oct. 7 “litigation hold” letter, Norcross attorney Joseph Podraza of the Lamb McErlane firm in Philadelphia writes that tort claim notices have been filed—the written notification required before filing a lawsuit against a public entity or employee—over the “unfounded allegations and charges” against the party leader and his associates.
A damage suit, if filed, would be the latest in a series of efforts by Norcross and his allies to attack and discredit Attorney General Matthew Platkin, his investigators, and other state officials who have alleged wrongdoing connected to the party leader or his Camden-based insurance brokerage.
This time, Norcross is seeking the records of journalists who published stories that raised questions about how the Democrat and his political allies benefited from a state tax break program they helped author.
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The letter sent by Podraza singles out two journalists — this writer and former WNYC reporter Nancy Solomon.
The pair, while working in 2019 for the New York-based investigative news outlet ProPublica, documented how Norcross and his allies, including his brother, lawyer-lobbyist Philip Norcross, amassed properties and development rights on Camden’s Delaware River waterfront.
The 111-page racketeering indictment against Norcross and his associates, including former Camden Mayor Dana Redd, claimed the cabal strong-armed rival businessmen and nonprofits out of their legitimate property rights on the waterfront to capitalize on the lucrative tax breaks carved out for the city.
Norcross and two partners used $245 million in state tax breaks to build an 18-story office tower for their businesses on the river. Norcross also used the tax break money to partner in a new waterfront hotel.
Norcross is now seeking all audio recordings, interview notes, text messages, social media messages and posts, videotapes, spteadsheets, databases, telephone logs, Internet usage files, and records of any electronic correspondence between the reporters and a range of individuals who were connected to Platkin’s investigation or took part in the Camden development.
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All told, the letter from Norcross’ attorney names some four dozen people, from Attorney General’s Office investigators and former members of Gov. Phil Murphy’s executive staff, such as ex-senior aide Dan Bryan, to outside political advisers such as Brad Lawrence and Steve DeMicco, founders of the New Brunswick communications firm Message & Media Inc.
Norcross is also demanding records of any communication with prominent figures from his own circle, including Susan Bass Levin, president and CEO of Cooper Health System in Camden, the hospital network chaired by the party leader. He also seeks records from several individuals who emerged as unnamed witnesses in the indictment, including Anthony Perno, the former head of a Camden nonprofit allegedly muscled aside by the Norcross network.
Perno and the others would figure prominently in any corruption trial if Platkin’s request to reinstate the racketeering charges is granted by a state appeals court. Oral arguments on the appeal are scheduled for Nov. 6.
Media lawyers say that any effort to force reporters to disclose notes or sources or information is likely to fail. New Jersey law affords journalists and other news media employees strong protections against such disclosure in the form of the state “shield law.”
The law “provides the news media far-reaching protections that are equaled by few states in the nation,” according to a history of the law compiled by the nonprofit Reporters Committee for Freedom of the Press.
The shield created an absolute privilege against compelled disclosure in civil cases and a qualified privilege in criminal cases, according to the orrganization. Journalists in New Jersey who have been pressured to disclose information have prevailed and have been awarded attorney fees, lawyers point out.
“There’s no doubt about it, it’s the best shield law in the country,” said Bruce Rosen, a prominent First Amendment lawyer with the Pashman Stein firm in Hackensack. “I can’t see a situation where a reporter has to give up sources in any civil damage case.”
Platkin’s office declined to comment on a possible damage suit.
Norcross has enjoyed steady support in his campaign against the hard-charging Platkin from political allies who have benefited from the party leader’s influence in Trenton and beyond.
Former Gov. Chris Christie, a Republican and former U.S. attorney known for prosecuting political corruption, at one point called Platkin’s racketeering case “garbage.”
Earlier this week, speaking at a New Jersey Business and Industry Association forum, Christie upped his criticism.
“I don’t think there’s been a person more deceitful and more destructive to state government in my lifetime here than the current attorney general. He is a disgrace to law enforcement,” he said. “As someone who did it for seven years myself, I’m embarrassed.”
The following day, Platkin responded to the criticism, saying: “I wish the former governor well in the twilight of his career.”
Another Norcross ally, longtime New Jersey NAACP President Richard Smith, sent an amicus brief to the Superior Court arguing that Platkin’s case be dismissed. The move raised the hackles of Camden progressives, including members of the African American community, who have sought to end the party boss system developed by Norcross.
In August, Smith, who serves on the Cooper University Health Care Board of Trustees with Norcross, took things a step further, calling for the abolishment of the state Office of Public Integrity and Accountability. The office, overseen by Platkin, led the investigation of Norcross and his associates. Smith joined a letter signed by several lawmakers and other Norcross allies claiming the “scandal-plagued” office was wasting millions while using illegal tactics to harass innocent defendants.
Norcross’ public defense campaign has also been taken up by prominent Democrats such as Donald Scarinci, a Hudson County attorney who has represented politicians, including the disgraced Robert Menendez. The former U.S. senator from Union City is serving an 11-year prison sentence after he was caught accepting gold bars and other bribes from foreign agents.
Earlier this year, Scarinci also attacked State Comptroller Kevin Walsh for pursuing an investigation that documented how insurance brokerages owned by George Norcross under the banner of Conner Strong & Buckelew benefited from public insurance funds the party boss has managed for more than 15 years—a claim Norcross denies.
“Much like the Norcross criminal indictment, the [Comptroller] report appears politically motivated and legally unsupported,” Scarinci wrote in a Sept. 27 column published in The New Jersey Globe.
Scarinci described Platkin’s case against Norcross as “lawfare” and defended the hardball politics and dealmaking the party leader is known for. “There is a very important difference between violating the law and taking advantage of business opportunities,” he wrote.
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Jeff Pillets is a freelance journalist whose stories have been featured by ProPublica, New Jersey Spotlight News, WNYC-New York Public Radio and The Record. He was named a Pulitzer Prize finalist in 2008 for stories on waste and abuse in New Jersey state government. Contact jeffpillets AT icloud.com.
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