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State Sen. Mark Montigny is calling on state health officials to fine a New Bedford nursing home that was cited for failing to prevent physical and sexual abuse, following a New Bedford Light investigation into the facility.
Brandon Woods of New Bedford received more health citations last year than any other nursing home in Massachusetts, The Light reported last month. Some of the violations put the health and safety of residents in “immediate jeopardy.”
The nursing home has a one-star overall rating on Medicare’s five-star scale, the lowest score a nursing home can get without dropping out of the ratings system altogether and being put in a special enforcement program.
“There has to be a very specific answer to what happens when a rating is consistently so low and the violations are consistently so high,” Montigny said.
In response to The Light’s reporting, the state senator asked the Massachusetts Department of Public Health to explain how it was addressing the violations at Brandon Woods of New Bedford.
Montigny also wanted to know whether the agency was imposing any state fines on top of the $464,490 in federal fines the facility already faces. The state senator helped pass a law in September 2024 that raised the daily maximum state fines on nursing homes from $50 to $26,685.
The department responded on Oct. 8 that it hadn’t imposed any state fines on Brandon Woods of New Bedford. Montigny called the department’s inaction “unconscionable.”
“These fines should be applied and collected to send a message that this sort of behavior will not be tolerated,” Montigny said in a written statement to The Light on Oct. 8. “Otherwise, we certainly would not have fought so hard in the legislature to provide the department with this tool. Nothing will improve within this industry that is so vital for our seniors and their families if this sort of bureaucratic indifference continues.”
In a phone interview last week, Montigny said the state needs to hold nursing homes to higher standards, inspect them more aggressively, and impose significant fines for poor care.
“It’s got to be painful,” he said.
A spokesperson for the Department of Public Health did not explain why the agency has not imposed penalties on Brandon Woods of New Bedford. In an email to The Light, a spokesperson wrote that the department “may impose state fines when there are state-level deficiencies.”
The spokesperson did not answer The Light’s question about whether other facilities have been subject to fines since the limit increased last year.
State inspectors discovered that Brandon Woods of New Bedford “failed to provide a safe environment free from physical abuse, sexual abuse, and neglect,” and cited it for 44 violations, according to a December 2024 inspection report.
One resident of the dementia unit would “wander into female residents’ rooms, stand at their bedside watching them and fondle his/her genitals,” according to a December inspection report. Staff knew about the behavior, but didn’t have care plans in place to stop the abuse, the inspection report said.
Many of the other citations had to do with substandard medical care for residents. The facility’s staffing was below federal requirements, The Light reported.
A representative for Brandon Woods of New Bedford’s parent company, Essex Group Management, previously said it disputes the results of the December inspection and has filed an appeal.
No interviews and no records
Health officials told Montigny that inspectors visited Brandon Woods of New Bedford three more times this year after citing it in December for failing to prevent abuse, according to a response that the state senator shared with The Light on Oct. 8.
Inspectors have investigated four complaints against the facility this year, the department’s response said. One investigation ended with a violation being issued, two resulted in no violations, and one is still open.
Brandon Woods of New Bedford was back in full compliance in February, the Department of Public Health says.
The agency has not made any officials available for an interview about enforcement at Brandon Woods of New Bedford. A spokesperson for the agency previously said it doesn’t comment beyond what’s in inspection reports.
But health officials have not provided any records documenting its 2025 enforcement efforts in response to The Light’s requests. On Oct. 8, a department spokesperson wrote in an email to The Light that “federal and state law” requires those requests to go through a formal review process, though the spokesperson didn’t cite any specific laws.
A formal records request submitted by The Light for nursing home complaints and compliance records on Aug. 1 is still “in the administrative review process,” a records officer said last week. The public records law normally requires a response within about two weeks.
Montigny said it was “completely unacceptable” that health officials didn’t meet with The Light. He added that the department should provide the records The Light requested immediately.
“When something is this urgent and when there’s an investigation that brings out this kind of scathing report, I don’t think they can hide from the media or elected officials,” he said.
Senator says industry resists reforms
Montigny initially introduced a bill to raise daily fines on nursing homes in 2016, but it didn’t pass until 2024.
An aide for Montigny shared a list of other nursing home bills the state senator filed that have died in the Legislature year after year. They include measures to establish staffing minimums, increase personal care allowances for residents, and require a certification for nursing home medical directors.
The state senator said he has tried to “push back on these insidious lobbyists” who represent a “sleazy” nursing home industry. He said bills that would make life better for nursing home residents have died or been stalled because the industry resisted the changes.
“You have many in the industry that are not worthy of serving our parents and grandparents, and they’re making a lot of money,” Montigny said.
Email Grace Ferguson at gferguson@newbedfordlight.org.
First and foremost, stop the abuse! Second, fine them, not allowing them to increase the fees to the residents. Remember, we all have family members that will need such a facility, for a family member or ourselves! If a resident needs to be restrained due to sexual abuse, that calls for a “law to restrain them!” If not physically, make it so they can’t access others. A lock down area!
There we go Mark! About time someone starts to hold these horrible operators who run this alleged ” nursing homes” accountable for their shady practices. Montigny was absolutely correct in calling them sleazy and putting forth bills to minimize these crappy places
Thank you for covering this important issue. There must be big penalties for allowing this sort of abuse of fragile persons! Urge Montigny to keep pushing for improvements to keep our parents and grandparents and everyone safe!
I have heard horrible things from Brandon Woods. Would never ever let anyone in my family go there. Thank you for carrying for the elderly Senator Montigny
My dad was in a nursing home on several occasions. The last time he broke his hip because they did not watch him properly even though I told him about his behavior and he needed to basically have someone watching him 24/7. Less than 13 hours in their care he broke a hip! After surgery and moving to a different facility he was placed in a corner and ignored. I couldn’t do anything because my greedy sister stopped me from being able to see him. He made the mistake of giving her HCP when he was younger and even though he changed it she somehow managed to change it back (I am sure it was illegal but no one would help). Long story short my dad wasted away with no visitors in a corner. These nursing homes NEED TO BE HELD ACCOUNTABLE! Fines, charges all of it!
Why aren’t the Director of Nursing and Administrator being held accountable? Why aren’t they working together along with the rest of their staff to create the safety for all of the residents?