LAWRENCE COUNTY Officials bring in solicitor for probe

One commissioner wants the state attorney general to investigate.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- Lawrence County commissioners agreed to have the county solicitor investigate legal action over the county nursing home's woes.
But one commissioner questions whether a public vote on the matter was necessary.
"At our executive session on July 29, didn't we at that time say the way to get our money back is to file lawsuits?" asked Commissioner Ed Fosnaught. "Didn't we tell our solicitor to do that?"
Commissioners voted publicly on the matter at Thursday's caucus meeting.
Commissioner Brian Burick said the county solicitor had asked them to handle the matter at a public meeting. Burick explained that in a previous court case involving the commissioners' decision to pursue legal action, a judge questioned why something was not voted on publicly.
Under scrutiny
The nursing home, Hill View Manor, came under scrutiny after its sale to Sylvan Heights Realty Partners fell through last summer.
The Pennsylvania Department of Health pulled its approval of the sale after questions arose about private pay patient money.
About $550,000 from private pay patients was deposited into an account opened in the Sylvan's name before the sale was finalized.
County officials did retrieve $450,000 from that account last week, but about $140,000 is gone, according to a county report.
Sylvan's owners have contended they were assigned that money through the sales contract and were permitted to start taking it before the sale was finalized.
One of the owners, George Howley, apparently maintained an office at the county home while negotiations were ongoing.
Legal action likely
Commissioners said they will likely first pursue civil legal action to get back the $140,000.
"My main concern is the remainder of the county money be returned," Burick said.
Fosnaught said the county solicitor could pursue a private prosecution if the county district attorney does not file criminal charges. He has maintained that criminal charges should be filed.
District Attorney Matthew Mangino refused to say if his office is investigating the matter.
Fosnaught said he believes the district attorney should ask the Pennsylvania Attorney General's office to investigate the matter. He said the attorney general's office has not looked into it.
Commissioner Roger DeCarbo, however, said the state attorney general is investigating whether a Medicaid check was deposited into the buyer's account.
cioffi@vindy.com