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St. Louis contractor says nursing home owner owes him $150,000. Industry sources say it's just the tip of the iceberg

A St. Louis-based entrepreneur said a local nursing home facility failed to pay after he helped staff them for months.

ST. LOUIS — A St. Louis-based entrepreneur said a local nursing home facility failed to pay after he helped staff them for months. Now, he can't get in touch with anyone to help. Sources tell our I-Team it's just the tip of the iceberg. 

Dan Asewe’s life is one of resilience and ambition. It’s now marred by what he said is deceit.

“I feel angry. I feel frustrated," said Asewe, the founder of DanZ Healthcare.

He immigrated to the United States from Kenya with dreams of success. He became an entrepreneur, creating a health care staffing company.

What started as a promising venture soon spiraled into a nightmare of unpaid debts. 

“This shouldn't happen at all, especially in this country," Asewe said.

The nightmare started when he signed a contract with Town and Country Health and Rehab on Dec. 23, 2022. He provided around 20 staff members. He said his first payment from the nursing home was late. 

“I thought, okay, something's off," he said. 

Then came a payment plan signed by the owner, a man at an investment firm called Goldner Family Trust, which owns nursing homes around the country.

“They're supposed to pay $5,000 every week," Asewe said. 

Payments were supposed to continue until the debt was paid off, Asewe said.

“They never made a single payment," he said. 

Asewe said he provided staffing for Town and Country Health and Rehab from Dec. 26, 2022, to April 9, 2023. 

He’s owed $150,000, Asewe said, noting that he tried to get in touch with an attorney and sue and then determined it would be too expensive, time-consuming and possibly not worth it.

The I-Team spoke directly with someone who worked with the owner of Goldner Family Trust. They said the owner has done this before, contracting for services and then refusing to pay. Industry sources, including Zach Lutz, senior researcher and policy analyst at SEIU Healthcare, a labor union in St. Louis, said they settle in court for a fraction of the cost, file for bankruptcy or transfer ownership. One term shows up repeatedly in court records: “Breach of contract.” 

Lutz said when a nursing home falls under new ownership, there is no requirement that the new entity pay old liabilities. He said nursing home owners intentionally create complex ownership structures to dodge and avoid liability. Others knowledgeable about the industry agreed. 

“It's a common practice," said Sam Brooks, director of public policy with National Consumer Voice for Quality Long-Term Care, a nonprofit advocating for better care. He said owners of nursing homes are not held accountable. 

“Unfortunately for many of the homes that they purchase, they fail within years, because the care quality is so bad. And meanwhile, residents suffer," said Brooks.

Our repeated attempts to contact Goldner Family Trust and the nursing home were met with silence. So we showed up at Town and County Health and Rehab, known as Athene Health and Rehabilitation as of June 1, 2023.

We asked an administrator if they were aware of contractors not being paid for their services.

“I am not. I apologize," said Ryan Mitchell, an administrator with Athene Health and Rehabilitation.

Then we got a statement, which notes the nursing home is now under new ownership. Attorneys and industry sources told us it’s a way to dodge liability, all while documents sourcing data from the Centers for Medicare and Medicaid Services reveal a pattern of poor ratings and allegations of mismanagement across many of Goldner Family Trust's facilities nationwide. 

A spokesperson with Athene Nursing and Rehabilitation told us:

“Thank you for reaching out to us regarding the payment issue involving DanZ Healthcare. We genuinely appreciate the opportunity to address this matter and provide clarity. First and foremost, we want to express our deep commitment to fostering positive and transparent relationships with all our vendors. We understand the significance of timely payments and the profound impact they have on the operations. Regarding the specific issue you mentioned, it's important to provide context. Town and Country Health & Rehabilitation underwent significant changes, including a transition in ownership and operations. Athene Nursing and Rehabilitation, formerly known as Town and Country Health & Rehabilitation, is now under new ownership and management. We, as the current lessees of the center, have no affiliation with Goldner Capital or the previous ownership. Furthermore, it's crucial to note that the property itself is no longer owned by Goldner. The sale of the property occurred prior to Vertical Health Services acquisition of the operations. Once again, thank you for bringing this matter to our attention. Please know that we remain steadfast in our commitment to upholding the highest standards of integrity and professionalism in all our business dealings.” 

We dug through lawsuits, which paint a dire picture. 

At one of Goldner Family Trust's nursing homes in Kansas City, a man was found dead next to his wheelchair. He was covered in scratches, bruises, and bugs, according to court filings.  

We asked Asewe if he thinks he'll ever get his money back.

“I hope I can get the money back or some kind of justice 'cause I believe they've been doing this for a while," Asewe said.

As our investigation continues, one thing becomes clear: the nursing home industry's most vulnerable are being failed by those meant to care for them. We’ve reached out to federal officials with the Centers for Medicare and Medicaid Services, pressing for a solution. We’re waiting to hear back. 

We reached out to the Missouri Department of Health and Senior Services regarding Asewe’s issues. A spokesperson told us:

“On June 1, 2023 ownership of Town & Country was sold to Clayton Road Healthcare, LLC.  The new owners changed the name to Athene Nursing & Rehabilitation after the sale was completed. Prior to June 1, the facility was owned by TANDC OP, LLC, which Sam Goldner is affiliated with. They are no longer associated with the facility. The facility is currently undergoing a recertification survey.  As of this time the survey team has not identified any overdue accounts or other financial issues associated with the facility or the owners, such as overdue utility accounts, or back due wages. From the department’s perspective, this is a contractual issue between the two businesses. Our recommendation would be that Mr. Asewe first try contacting Clayton Road Healthcare, LLC regarding the amount owed. It’s possible that Clayton Road Healthcare assumed all assets and obligations as part of the acquisition.  If that does not work, his other options would be to pursue the amount owed via collections or through the courts – whichever means is specified in the contract between DanZ and TANDC OP, LLC.”  

The spokesperson told us: “At this point, this is a financial issue between two businesses that does not involve Missouri Department of Health and Senior Services."

If you'd like to get in touch with our I-Team, leave a voice message at 314-444-5231, email Paula directly at tips@ksdk.com or use the form below. All calls and correspondence will be kept confidential.

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