
The
Edgar P. Benjamin Healthcare Center on Mission Hill, shown March 6. At a
hearing April 16, staff from the receivership for the Mission Hill
nursing home faced questions from the attorney general’s office about
alleged financial mismanagement.Receivership staff at the Edgar P. Benjamin Healthcare Center responded to allegations of financial mismanagement at a hearing about the facility’s receivership, April 16.
In a hearing that lasted for a little more than an hour, attorneys representing the receivership at the Mission Hill nursing home and the Massachusetts Attorney General’s Office had the chance to call witnesses in an attempt to clarify the facts around allegations raised in a series of three documents handed to the court in the last month.
Those documents — two letters from Delicia Mark, the center’s administrator and a so-called amicus brief from a collection of anonymous staff members at the Edgar Benjamin — raised allegations of financial mismanagement by staff of the receivership who was brought in by a court order last April to address, in part, concerns of financial mismanagement from the center’s prior administration.
The center’s former administrator, Tony Francis is now facing a civil lawsuit for allegedly stealing and embezzling over $3 million from the facility.
In signed affidavits filed with the court on May 1, Joseph Feaster, the center’s receiver, and Dianne Wilkerson, who serves as his executive assistant, denied allegations of wrongdoing.
Superior Court Justice Christopher Belezos, who presided over the hearing, limited the scope of his
inquiry to the issues of financial mismanagement and Feaster’s ability
to continue in his role as receiver, allegations raised in the
documents.
“The only
question before me today — and I’m going to tell you up-front, it’s
going to be a mighty stretch — the only question before me today is
whether there’s a question to receiver Feaster’s suitability to remain
as receiver, and I haven’t heard anything from the commonwealth
requesting that he be removed,” he said.
But tackling questions around that narrow scope of issues was often tense.
Belezos
often had to play a role akin to that of a terse parent, reminding all
parties to stick to the narrow focus he had set for the evidentiary
hearing and to play nice with each other.
“These
allegations are significant and worthy of the court’s attention, but
the court is not going to lose sight of what’s really in play,” he said
during the hearing, pointing to the long-term goal of determining if the
facility can stay open.
Among the allegations raised were claims that the hiring of some staff and contractors at the facility was due to nepotism.
Lawyers
from the attorney general’s office pressed Wilkerson on the hiring of
RNS Services, a facilities services company that two of her sons work at
and manage, as well as the employment of her grandson as a member of
the security staff at the building and later an intern working with
human resources and payroll.
RNS
Services was first hired to plow during a flash snowstorm, Dec. 20,
while the center was celebrating its holiday party. Wilkerson said that
both Feaster and Mark asked her to find someone to clear out the parking
lot on short notice, so staff could leave, and the next shift could
park.
Following that
one-time engagement, she said, she told RNS Services that if they wanted
to continue working with the Edgar Benjamin, they’d have to submit a
bid — a step she said the facility doesn’t normally take, but she
insisted on to head off allegations of wrongdoing.
She said she reached out to two other companies and received one other bid back. Of the two, RNS Services offered a lower bid.
Regarding
her grandson, Wilkerson said he had initially been hired by the
security firm that works for the Edgar Benjamin, not by the center
itself. At the prompting of the director of nursing, he was encouraged
to start working with the center’s human resources and payroll team,
given his degree in business and accounting.
The
documents allege that he has a write-up for improperly granting himself
overtime pay. Wilkerson said that the write-up does not exist.
During
Wilkerson’s testimony, Valerie Frias, deputy director of the attorney
general’s Elder Justice Unit, asked if Wilkerson, at any point,
considered the hiring of her family members — including one member only
days after she was hired last spring — an appearance of a conflict of
interest.
“No, I did not,” Wilkerson said.
Frias
also pursued questions about Wilkerson’s own employment at the
facility, where she receives a salary of $82 per hour and said she tends
to work 90 hours per week, alongside receiving the regular benefits of
an employee at the center, such as health insurance, vacation pay and
sick time.
The costs
incurred by the receivership have been a sticking point for attorneys
representing the commonwealth, who have suggested the state should not
have to pay for receivership costs, alongside accounting and legal fees.
Feaster
has requested that the state help support those costs through advances
from MassHealth; the commonwealth has argued, in turn, that under the
law permitting the creation of a receivership, those costs are to be
paid from the facility funds, something that Feaster has said would put
the center in a tough position financially.
In
December, Justice Anthony Campos instructed the state to continue
advancing the funds but required Feaster to provide more in-depth
documentation of the center’s finances.
Last
month, in response to a state request to modify that earlier decision,
Belezos paused the ruling but left the state on the hook for any
requests for advances that had already been filed. Mary Freeley,
assistant attorney general and director of the office’s Elder Justice
Unit, said the attorney general’s office intends to appeal that initial
decision, a step it must take by May 2.
The
documents also alleged that leadership under Feaster and Wilkerson had
created a hostile work environment, but Belezos declined to include
those claims in the hearing.
“Those are internal matters, which I’m in no position to address today,” he said.
But
his guidelines didn’t always stop attorneys from trying to pursue those
matters anyway. The attorney general’s office was ready to — but
ultimately didn’t — call Lena Rodriguez, vice president for long-term
care at SEIU 1199, the union that represents much of the staff at the
Edgar Benjamin, to attest to the atmosphere at a staff meeting Feaster
and Wilkerson called in the immediate aftermath of the submission of the
documents.
That staff meeting, Freeley suggested, might have made staff members feel at risk in their roles if they spoke out.
“Can
you understand that staff members at the Benjamin might feel
intimidated or that their voices might be chilled for speaking out after
such a meeting?” Freeley asked.
Feaster,
however, said that the meeting, which was to present his and
Wilkerson’s response to the allegations, was not meant to intimidate and
that no employees have left or faced any retaliation.
“They’re
still continuing to work there and there’s been no actions taken
against any employees,” he said. “How people feel is one thing. The
actions that are taken are another.”
The
hearing also briefly addressed some financial factors impacting the
Edgar Benjamin. In the last hearing, May 2, Belezos raised questions
about a mention in a financial document about a potential mortgage on
the facility, which has long been reported as mortgage-free.
In
documentation filed with the court May 14, attorneys for the
receivership confirmed that there is no mortgage, and that the center
owns the building and the land it stands on.
Also
in question is the number of licensed beds the center has. Feaster has
long reported the number at 91 beds, but at the last hearing, the state
suggested those numbers were underreported.
An
affidavit from Stephen Davis, director of the Department of Public
Health’s Division of Health Care Facility Licensure and Certification,
filed with the court May 2, attested that the center actually had 122
licensed beds under COVID-19-era restrictions that capped room
occupancies at no more than two beds. It could hold 164 licensed beds in
total if it requested a waiver to that policy, which would allow some
three- and four-bed rooms.
Those
financial details, as well as the center’s future prospects, are set to
be the center of attention when the receivership returns to court next
month. Its next status conference is scheduled for May 15.
Likely
to be a major part of that discussion is the prospect of an outside
company or organization coming to buy out the facility — something
Feaster said will likely be necessary without a major infusion of cash.
A
budget compiled by Mark projected monthly losses for the center ranging
from just under $360,000 in March to nearly $450,000 in December. The
total loss for March through December is projected to clock in above
$4.2 million.
While
Feaster, similarly, has not presented a rosy outlook for the center’s
finances, in a signal of long-stewing conflict between himself and Mark,
he called the financial report “unverified” and distanced himself from
the numbers within.
Feaster said that at least eight bidders will come to the facility April 24, with bids due by May 7.
In
an interview, he said he doesn’t know how that process will shake out.
For example, he suggested that a buyer could be either for-profit or
non-profit, but that he intends to make sure that whoever takes over the
facility will have to keep the name of “Edgar P. Benjamin” and will
have to keep operating as a nursing facility, rather than reselling it
to a developer.
“I don’t want a situation where someone gets it, and the next thing you know, they’re selling the property,” he said.
However,
during the court proceedings, Freeley pointed out that the sale of a
charitable asset to a forprofit company requires a more complex process.
And the center’s leadership may soon be in flux.
During
the hearing, Belezos said that under his reading of state law, Mark was
not entitled to whistleblower protections — something the attorney
general’s office had previously requested. He instructed Freeley and
Frias to let him know if they disagreed.
Feaster,
who has expressed dissatisfaction with how Mark has handled the role of
administrator, declined to comment on whether he was planning to
replace Mark, following Belezos’ comments. But in his affidavit filed
April 1, he said he was, at the time, keeping her in the role only to
avoid claims that any termination was retaliatory.