Chem Rx Pharmacy Services claims that four Hudson Valley nursing homes have refused to pay $1.5 million for goods and services.
Chem Rx of Louisville, Kentucky, sued Middletown Park, Salem Hills, Sky View and Waterview Hills Rehabilitation and Nursing Centers on July 1 in federal court in White Plains.
Lizer Jozefovic, an owner of the nursing homes and CEO of Epic Health Care Management LLC, an affiliate, did not respond to an email requesting comment.
The nursing homes agreed to buy pharmacy-related goods and services for their residents, the complaint states, exclusively from Chem Rx, from April 2013 to March 2020.
In June 2018, the complaint states, Middletown, Salem Hills and Waterview stopped placing orders. In September, 2018, Sky View did the same.
The nursing homes had not objected to invoices before payments were due, Chem Rx claims, and then allegedly refused repeated demands for payments.
Chem Rx also claims that the nursing homes have been, or will be, reimbursed by Medicare for a significant portion of the goods and services provided.
The pharmacy company accuses the nursing homes of unjust enrichment and breaches of contract for failure to pay bills and improper termination of the contracts.
Middletown Park is in Middletown, Salem Hills and Waterview are in Purdys and Sky View is in Croton-on-Hudson.
All four are owned by limited liability companies controlled by Jozefovic and Mark Neuman. Also holding interests in one or more nursing homes, according to the complaint, are Samuel Brach, Robert Fagenson, Gerald Neuman, Baruch Singer and Michael Stynes.
Chem Rx is represented by Louisville, Kentucky law firm Fultz Maddox Dickens.