'Stressful and emotional': Dennis 128-bed nursing home closes. Housing agency new owner.

South Dennis Healthcare has closed, according to Director of Social Services Mayla Secola.

On Thursday, staff cleaned and packed boxes at the 128-bed nursing home at 1 Love Lane, said Secola.

"We rehomed 82 residents in 32 days," said Secola. "The most important part is getting patients situated in new homes. The next step is the actual closure, packing things, equipment has to go ... we're at the end now."

One Love Lane South Dennis LLC sold the site previously known as Eagle Pond Rehabilitation and Living Center to Housing Assistance Corporation for $4.3 million, according to a deed recorded with the Barnstable County Registry of Deeds on Sept. 28. South Dennis Healthcare is operated by Woburn-based Next Step Healthcare.

The long-term care facility officially closed on Nov. 3, even though the closing plan approved by the Department of Public Health called "for closure of the facility on or about January 30, 2024."

A facility can close when the last resident is discharged, which is often before the proposed closure date, according to the state Department of Public Health on Thursday. The department cannot legally require a nursing home to remain open.

Secola said the closure was "very stressful and emotional" for families, saying about 70% of the residents were long-term care patients and 25% rehabilitation. But most were placed in another facility that was their first choice, she said.

According to Next Step's website, the company currently operates 17 skilled nursing facilities in Massachusetts, including in Plymouth, Fall River and Worcester. Next Step has closed several facilities in recent years, including one in Wareham in 2021 and one in Dedham last year.

South Dennis Healthcare had two "state-of-the-art rehabilitation rooms," tracheostomy care, and nutrition services, according to Next Step's website. The facility also offered hospice and respite care.

State process for closing nursing homes

South Dennis Healthcare alerted state health officials on Oct. 2 of its plans to shut down on or close to Jan. 30. That notice is meant to be at least 120 days before the proposed closure date.

The facility in coordination with the state Department of Public Health then held a Nov. 1 public hearing to discuss the planned closure with town officials and those impacted by the closing. That hearing was intended to be held at least 90 days before the proposed closure date.

Three days after South Dennis Healthcare had already closed, the Department of Public Health approved the facility's plan to close on Nov. 6.

A message left with Next Step Healthcare was not immediately returned.

An objection from the Dennis Select Board

Prior to the Nov. 1 hearing, the Select Board voted unanimously on Oct. 24 to authorize Town Administrator Elizabeth Sullivan and Chairman Chris Lambton to send letters to the Department of Public Health, South Dennis Healthcare, and the Cape Cod Commission objecting to the closure.

"We need health care centers on the Cape drastically," said Lambton during that meeting. "We need to let them know that having them in the community is an asset and one that is utilized by a lot of people in the community."

The town officials' letter to the state agency and Next Step also blasted the proposed closing process as "woefully inadequate."

Instead the town requested an in-person public hearing attended by representatives of the Department of Public Health, Next Step Healthcare, and the public including "a presentation of facts, discussion of alternatives, and a halt to closure."

A second hearing, as requested by the Select Board, has not been held so far.

South Dennis Healthcare opens Dec. 1, 2017

On Dec. 1, 2017, One Love Lane Operator LLC doing business as South Dennis Healthcare, a wholly owned affiliate of Next Step, began leasing and operating the facility, according to the notice of intent to close.

Next Step is now required to close the facility for a new use planned by the new owner, according to its notice of intent to close. The new owner — Housing Assistance Corporation — agreed to lease the nursing home building to the previous owner to allow the closing process to be completed, according to the notice.

The property was sold for a profit of $800,000, according to the town's letter. "Perhaps the fault lies with a system that allows the care of our most vulnerable to operate as a for-profit business," states the letter.

'I will bloom where I'm planted'

One woman told the Times she was caught surprised by South Dennis Healthcare's November closing and believed she still had more time to find another bed for her mother, who stayed at the facility. She said her mother was moved unexpectedly to the facility's Plymouth location on Nov. 3.

"One nice thing is a bunch of them (the residents) are still together and still have their friends nearby. What my mom said to me early on was, 'I will bloom where I'm planted,'" said the woman, who requested anonymity. "It's true, she's a miracle and she gave me strength and patience from the way she handled it."

"When they do a close, you're not going to have 90 days. You have to act right away and if you don't have a payer meaning you have MassHealth pending, your loved one will not be offered a bed," said the person. "You need to go above and beyond and get any assistance you can to help with that process."

Secola said the facility is only allowed to talk to a resident's number-one health care proxy and said it can be common in nursing homes for another proxy to not hear information.

Dover Amendment considerations

During a Sept. 18 Planning Board meeting, Town Planner Paul Foley said town building officials had received a request from Housing Assistance Corporation for confirmation that their proposal to create a family shelter program at the site "is exempt from zoning under the Dover Amendment."

The town's legal counsel had confirmed the proposed use is "likely an exempt educational use protected by the Dover Amendment," said Foley at the time.

Under that provision, Massachusetts state law exempts agricultural, religious and educational uses from certain zoning restrictions by limiting what zoning requirements apply to religious and educational uses. To decide whether a proposed use falls under the scope of the amendment, a two-part test is employed to figure out if the proposed use is primarily educational.

"Our agency’s focus is to address housing insecurity for residents in our region through a multitude of educational programs and housing projects," said Housing Assistance Corporation CEO Alisa Magnotta in a previous statement to the Times. "Any property we acquire is intended to be utilized long-term to fulfill our well-established mission."

Zane Razzaq writes about housing and real estate. Reach her at zrazzaq@capecodonline.com. Follow her on Twitter @zanerazz.

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This article originally appeared on Cape Cod Times: South Dennis nursing home closes over objections of town officials