Consumer Investigation: Waiver enables families to opt out of nursing home care

Waiver enables families to opt out of nursing home care

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CHARLOTTE, N.Y. – For months, News10NBC has been investigating conditions at a Charlotte nursing home where residents and family members say they were left with no choice but to use the facility. A little-known program might offer a viable alternative for many families.

Carol Poupore married her husband, Clarence Richard Poupore, known as Rick, at the First Assembly of God in 1997. On Dec. 12, 2024, two weeks before Christmas, Rick passed away after nearly three decades of marriage.

Last summer, Rick suffered several strokes and needed rehabilitation. Carol said the only available option in the county was Waterview Heights in Charlotte because no other facility had beds.

“When you walked in, it had a foul odor,” Carol said. “That’s the first thing that hits you in the face.”

Residents, family members, and staff told News10NBC the smell is constant because many residents are left lying in feces and urine for hours. Carol said Rick experienced the same conditions.

“If I checked him and he was wet, I would go out and get somebody,” Carol said. “If they couldn’t help me, I’d do it myself.”

The stroke left Rick with limited use of his hands and took away his ability to speak. Carol worried about his care.

“So he needed to be fed, and did you ever see anybody feeding him?” Deanna asked. “No,” Carol said. “I’d be there every morning.”

After a week at Waterview, Carol said Rick was so dehydrated he was sent to the emergency room. He then went to the Pearl Nursing Center of Rochester, the only facility with a bed, where conditions were just as bad.

“It was just dirty, very dirty,” Carol said.

Both Waterview and the Pearl have been designated as Special Focus Facilities for consistently failing to comply with practices, resulting in harm to residents.

“So he lost 27 pounds in three weeks,” Carol said.

Carol faced an impossible choice when Rick needed rehabilitation after hospitalization: a substandard facility or paying out of pocket for an extended hospital stay.

“And he got sick and went right back to the hospital,” Carol said. “They told me I had to send him back to Pearl. I said I don’t want him to go back there, and she said you’d have to pay out of pocket if you decline.”

Bruce Darling, CEO of the Center for Disability Rights, said a third option exists: the nursing home transition and diversion waiver. This program provides services to support people living in the community, including home and community support services. Darling said families are rarely informed about the waiver upon hospital discharge, though it is available to anyone with Medicaid.

“The problem is family members and individuals are not given those options,” Darling said. “They think the only choice is to go into a facility or send a loved one into a facility. We’re trying to educate people that there are options.” Bruce encouraged families to call the Center for Disability Rights for more information as well as help applying for the waiver at 585-546-7510

Unfortunately, these options were unavailable to Carol and Rick.

“Do you believe that the quality of his care, or lack thereof, contributed to his death?” Deanna asked. “Yes,” Carol said.

“If you could talk to the leaders of the state who oversee these nursing homes, what would you say to them?” Deanna asked. “Close them down,” Carol said. “Either fix it or lose it.”

Carol filed a formal complaint with the Department of Health. News10NBC reached out to the owners of the Pearl and Waterview by phone and email but received no response. A spokesman for Waterview thanked News10NBC for bringing Rick’s case to their attention and said the facility would investigate.

Arranging support services for a disabled loved one may take time, but it is a viable option for many. More information about the waiver and how to contact the Center for Disability Rights is available on our website, WHEC.com.

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