Lawmakers reject sale of Foley nursing home

After a three-year battle, the Suffolk Legislature last night rejected the $36-million sale of the John J. Foley Skilled Nursing Facility, prompting County Executive Steve Levy to vow to send out 266 layoff notices and complete plans to move out patients and shut the nursing home that has operated for a century.

"It's a terrible blow to taxpayers," Levy said after the 11-6 vote in which Legis. Edward Romaine recused himself because his wife works at the nursing home. Levy said the sale would have netted the county cash, allowed patients and most employees to remain and end an $8 million to $10 million annual drain on the county. "They threw all that out the window with this irresponsible vote," he added.

The county had a contract with private operator Kenneth Rozenberg to purchase the nursing home and its license.

After the vote, Presiding Officer William Lindsay said he hoped that all sides "could still come to a compromise. No one wants to see the place close." Backers maintain Levy's numbers were overblown, and that Foley takes hard-to-place patients that private nursing home operators do not want.

Several lawmakers suggested converting parts of the 264-bed complex in Yaphank to psychiatric, dialysis or pediatric nursing care to bring in more aid or use sales tax money if revenue comes in higher than expected - a prospect the legislature's own analysts called doubtful. Although the lawmakers' vote drew applause from nursing home workers and patients, Lindsay conceded the final outcome is uncertain. "I know everyone's applauding," he said. "I just hope it comes out OK."

Eric Naughton, Levy's budget director, said layoff notices will go out before the end of the week to 230 nursing home workers and 36 employees in other parts of the health department who may lose their jobs to nursing home workers with more seniority under the county's "bump and retreat" system. Connie Corso, Levy's chief fiscal aide, said the county has filed a closing plan with the state and expects approval as quickly as several days or no later than the end of the month.

The fight over the fate of the nursing home dates back two decades, but Levy gained the upper hand last month after he proposed closing the home in his 2011 budget and the legislature could not override to restore funding to keep Foley in operation beyond March 31.

While Levy preferred a sale, he says there is no turning back now. "They may have thought they were buying time till April 1, but the nursing home will be closed down by then," he said.

Before the vote, nursing home workers and patients pleaded for lawmakers to vote down the sale. "Getting rid of John J. Foley - trying to sell it, trying to close it - is all wrong," said Wayne Wachter, a Foley patient for the past year.

Legis. Kate Browning (WFP-Shirley), head of the health committee, said she has a seven-page letter to Gov.-elect Andrew Cuomo questioning the legality of the request for proposal process and requesting a state probe of the proposed sale.

Legis. Dan Losquadro (R-Shoreham), the minority leader who backed the sale, warned that chances for "a last-minute miracle" to save Foley are unlikely. "You've got your head in the sand if you think a Hail Mary pass is going to be caught in triple coverage," he said.