The owner of a Town of Tonawanda adult care home is seeking a court injunction to block the state Department of Health's emergency order to shut down the facility.
Kenwell Gardens LLC, which owns Oakwood Senior Living, claims the Health Department acted unfairly and overreached its authority in suspending the Delaware Avenue residence's operating license, the first step toward revocation.
Brian Rosenman, who is associated with Kenwell, pointed out that state concerns over the distribution of medication to residents at Oakwood have been corrected with the hiring of a new pharmaceutical employee and other corrective measures.
Stating that many of the 102 residents suffer from mental illnesses, Rosenman said, "Kenwell has significant experience dealing with these residents and provides a nurturing, stable and familiar environment for these residents." He added that the state has provided no significant help in the placement of the residents in new homes.
Health Department investigators have repeatedly cited the facility for failing to properly administer prescribed medications. Investigators have also cited unhealthy living conditions at the two-story residence at 3456 Delaware Ave.
From 2015 through 2018, Oakwood was cited 116 times for violations governing adult care facilities, which serve individuals who need assistance but are more independent than those who require nursing home care. A total of $15,000 in fines have been levied against Oakwood since 2017.
A State Supreme Court clerk in Albany on Friday said the case has not yet been assigned to a judge, but will be in the near future.
Story topics: Nursing Homes