Jack Jaffa and Saratoga Care and Rehabilitation Center Agreed to Be Excluded for 20 Years for Causing the Submission of False Claims for Worthless Services

On February 27, 2023, in connection with the resolution of their False Claims Act liability, Jack Jaffa (Jaffa) and Saratoga Care and Rehabilitation Center LLC (SCRC), New York, agreed to be excluded under 42 U.S.C. 1320a-7(b)(7) and 42 U.S.C. 1320a-7(b)(6)(B) for 20 years. In February 2017, Jaffa sought to become an investor and part owner of a nursing home known as Saratoga Center for Rehabilitation and Skilled Nursing Care (Saratoga Center) located at 149 Ballston Ave., Ballston Spa, New York, including the land and buildings that it occupied. This transaction involved the transfer of operations from the current operator to Jaffa acting through SCRC, and neither Jaffa nor SCRC were ever licensed to operate Saratoga Center. The investigation revealed and OIG alleged that from February 2017 to February 2021, the care provided to certain Saratoga Center residents failed to meet federal and state standards of care for nursing homes, in that New York State surveys repeatedly cited Saratoga Center for failing to: ensure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident; ensure that residents were free of any significant medication errors; prevent residents from unnecessary falls and injuries; prevent and/or treat pressure ulcers; and regularly toilet and bathe residents. Further, OIG alleged that Jaffa and SCRC failed to: ensure that Saratoga Center maintained consistent and reliable hot water throughout the facility; keep a sufficient supply of clean bed linens for residents; manage trash and waste removal; and provide sanitary and healthy conditions for residents. OIG alleged that, as a result of this conduct, Jaffa and SCRC submitted or caused the submission of false claims to Medicaid for worthless services to Saratoga Center residents from February 2017 to the facility’s closure in February 2021. Senior Counsel Felicia Heimer represented OIG.

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