GREENE COUNTY
The State of Georgia’s threat to revoke the permit of Savannah Court of Lake Oconee personal care home in Greensboro is on hold for now, waiting for the continuation of an appeal hearing.
The revocation order from the Georgia Department of Community Health (DCH) was issued Aug. 17, 2023. The last straw for DCH came after seven violations were discovered over two days of inspections on July 31 and Aug. 1 of last year, 16 days before the revocation notice was sent to Savannah Court.
In a scathing investigative story on Jan. 3, The Atlanta Journal-Constitution first reported that the 72-bed Savannah Court at Lake Oconee had been told it would be closed.
The AJC reported details of some of the 70 violations that have occurred there since 2021, according to DCH documents also obtained by the Lake Oconee News.
Violations include small and large incidents, such as failing to provide nutritional snacks, cases of deficient staff training in the memory care center, patients leaving the building without staff knowledge, and inadequate care of patients which, in two 2022 cases, resulted in death and an incident last October when one patient sexually assaulted another patient.
The AJC article also was critical of the Department of Community Health for entering into two settlement agreements with Savannah Court in 2021 and consideration of a third settlement in the current case, despite continuing to be cited for violations.
“The patterns,” wrote AJC reporter Allie Gross, “raise questions about the state’s commitment, as well as its ability, to follow through with its promise to hold its 1,686 assisted living and personal care facilities accountable.”
In 2020, Gov. Brian Kemp signed into law a package of reforms following a series of investigative reports by the AJC on inadequacies and accountability problems in senior care facilities statewide.
As the Lake Oconee News reported last week, after a series of delays and unsuccessful attempts to reach a settlement, an appeal hearing was scheduled for Jan. 3 at the Greene County Courthouse.
Neither the DCH nor Senior Living Management, the Florida-based company that operates Savannah Court, have made comments to the media about the specific allegations.
“We hope for a great outcome for both sides,” Senior Living Management CEO Uri Rubin told the Lake Oconee News before the hearing, adding that he was very hopeful the two sides could reach another agreement.
But that didn’t happen.
At the start of the hearing, both sides indicated there was a possible chance for a third settlement, perhaps involving a private monitor to supervise the terms of any agreement.
Administrative Judge Charles Beaudrot, who approved the two previous settlement agreements, was skeptical, commenting that Savannah Court has a “history of multiple infractions” and its “track record, not good.”
Beaudrot called a two-hour break for the sides to talk, but when the group reconvened, DCH attorney Jason Reeves told the court that the settlement offer was rejected by his higher-ups in Atlanta.
Both sides agreed that closing the facility would put pressure on families who would have to relocate their relatives and leave fewer opportunities for senior care in the area.
But Reeves said, “We believe that the community’s only option can’t be a poor option or a bad option.”
The hearing began in the early afternoon. Deputy Director of DCH Anthony Moss and DCH compliance expert Georgina Bowen, who conducted some of the inspections, were called as witnesses.
Chesley McLeod and Kara Silverman, attorneys for Arnall Golden Gregory LLC, represented Senior Living Management and questioned the witnesses on the details of the inspections.
At the end of the day, attorneys for both sides agreed that they had about two days of testimony remaining. As of Wednesday morning, the Lake Oconee News was told the hearing would be scheduled between Jan. 31 and Feb. 2.
After the hearing is completed, Beaudrot will make a ruling, usually within 30 days.
In the meantime, Savannah Court is still operating, and Senior Living Management and the Department of Community Health could still reach an agreement on a third settlement before the hearing resumed.
In a letter to family and residents of Savannah Court on Monday, Senior Living Management referred to media coverage of the story.
“These articles did not include all that the facility and corporate team have done, and will continue to do, to ensure that previous issues are resolved,” the letter said, in part, “At SLM, we are committed to the safety and wellbeing of our residents…”
Savannah Court of Lake Oconee is owned by National Health Investors, which is based in Murfreesboro, Tenn. NHI owns 192 senior care facilities in 33 states.
They work with 28 operating partners. SLM operates six of its properties – one in Florida, four in Louisiana, and Savannah Court in Greensboro.