A judge placed a Boston skilled nursing facility in receivership Wednesday, answering an unusual call for that emergency step by residents and their families.
Two residents’ family members filed the petition to the Suffolk County Superior Court on March 28, describing insufficient staffing and a lack of necessary food and medical supplies at Edgar P. Benjamin Healthcare Center. They argued a receiver would be necessary to ensure the safety of residents amid alleged mismanagement by the facility’s leaders.
The petition drew support from several employees of Benjamin Healthcare — including the director of nursing and director of admissions, who each signed affidavits supporting the petitioners’ claims.
Most critically, the petition claimed that the nearly 100-year-old facility had missed payroll multiple times in recent months, leading to some workers not reporting to work and to the facility’s approximately 70 residents having insufficient support from the overburdened remaining staff to meet their care needs.
Lawyers representing the petitioners also alleged vendors of critical medical supplies had gone unpaid and that delayed and missed meal services had caused 20 residents to experience “significant” weight loss since the end of 2023.
Benjamin Healthcare officials did not respond to McKnight’s request for comment Thursday.
In response to the claims, the court acknowledged an ongoing “emergency” and ordered a receiver — veteran attorney Joseph Feaster, president of Feaster Enterprises — to oversee operations of the 205-bed SNF.
Lawyers for Civil Rights, which represented the petitioners, declared the decision a “victory” for the community.
“In an emergency situation like this, the law gives the Court not only the power but the duty to step in, appoint a receiver, and ensure that vulnerable seniors are not put at risk,” said Oren Sellstrom, litigation director at LCR. “The threat of harm at the Benjamin is intolerable not only medically but from a human dignity perspective.”
The facility may close in the future and had submitted plans to do so in February. Residents, families and staff, however, advocated for the nursing home to remain open at least long enough to give adequate time to find alternative placements for residents. Those residents have been facing wait times for admission to alternative facilities.
