NYS must assure continued care at The Harborside

It was bad enough when 180 residents of The Harborside, a Port Washington “continuing care retirement community,” were told an expected purchaser of the complex had bowed out after it couldn’t come to an agreement with the state Health Department. The situation worsened since then, as staff left and care reportedly declined at the facility which includes assisted living, memory care, and nursing home sections.

Then came the most recent blow. The only new buyout offer so far is from a partnership that would pay $80 million but could close the memory care, assisted living and nursing home units, leaving only an independent living component. Under that scenario, The Harborside’s most vulnerable residents likely would lose the hundreds of thousands of dollars they spent on entrance fees that supposedly guaranteed a continuum of care, not to mention the care itself. It also could massively disrupt families, couples and individuals. In some cases at Harborside, one spouse is living independently, while the other requires skilled care or the dementia unit.

For now, Harborside residents live with extraordinary uncertainty. Any information they get comes from published news reports and public bankruptcy filings. They deserve better. The state Health Department, which has placed the onus on The Harborside, must take a greater role, particularly in communicating with residents, reassuring them and providing them with an appropriate path forward.

Health Department officials told the editorial board that if the new bid is approved by bankruptcy court, The Harborside would be required to submit “a closure plan that ensures the safe transfer of all residents.” Such a plan should involve “minimal disruption” and requires state approval. But details are scarce.

That leaves more questions than answers. As the facility’s regulator, state officials must take a larger oversight role, and be clear about what residents can expect. As long as The Harborside is open, the state must make sure the facility is sufficiently staffed and that residents get appropriate care.

The Harborside debacle also requires a larger look. Town and county officials have rightly called for Attorney General Letitia James to investigate what went wrong — and what happened to residents’ money. Those responsible must be held accountable.

Moreover, the situation illustrates the urgent need for state officials to assess all continuing care communities to determine what legal and regulatory structure works for facilities of this kind. It’s clear some oversight mechanisms failed; The Harborside never should have been able to go through three bankruptcies, leaving residents in limbo. Other continuing care models work better. Peconic Landing — in which residents purchase shares and have an equity stake, rather than paying an entrance fee — has been a particular success story.

As Long Islanders age, they and their families need all sorts of places that allow them to do so gracefully with proper care and financial protection. New York State must take the lead in making sure it happens.