AG's Office sues closed Rowley nursing home

Jun. 14—ROWLEY — The state Attorney General's Office has filed a civil suit against former Sea View Retreat owner Stephen Comley II, claiming he failed to comply with state and federal regulations that protected residents at the long-term care facility.

Specifically, Sea View and Comley, failed to use facilitywide infection control and prevention procedures related to COVID-19 from February 2020 to July 2020. The violations included not screening staff upon entering the building, using personal protective equipment, completing COVID-19 testing of residents, and other violations, reads the lawsuit, filed May 27 in Suffolk Superior Court.

The lawsuit claims that Comley violated the Massachusetts Consumer Protection Act and the Massachusetts False Claims Act.

"For these statutory and regulatory violations, the Commonwealth seeks damages, civil monetary penalties and injunctive relief," the lawsuit reads. The state also wants a judge to stop Comley from opening any long-term care facilities in the future.

Sea View Skilled Nursing & Rehab Services, once licensed to care for 140 patients, has been owned by the Comley family since 1954.

Although the business shuttered its doors in March, the Attorney General's Office claims Sea View is "still an active corporation."

It also states that Sea View was a member of MassHealth and submitted claims and received payments from the state for health care benefits in 2020 despite not complying with state and federal regulations.

"These claims were false inasmuch as they were for services not eligible for reimbursement because defendants misrepresented compliance with applicable statutes and regulations that are conditions of payment," the lawsuit reads, adding that benefits are paid out "largely on an honor system."

The lawsuit also claims that Comley "knowingly and/or recklessly failed to comply with numerous Department of Public Heath, Centers For Disease Control, and MassHealth guidance regarding COVID-19 infection control protocols necessary to prevent and limit COVID-19 transmission in long-term care facilities."

In one instance, according to the lawsuit, the staff failed to isolate a resident who showed COVID-19 symptoms and later infected a roommate.

The failure took place even though the facility's policy stated that if someone had or been suspected of having COVID-19, that person would be placed in a private room or if one was not available, the resident would be restricted to their room with the door closed. If Sea View is unable to follow all recommended protocols, the resident should be transferred to another facility that could do so.

The COVID-19 pandemic, which still is infecting as many as 100,000 people per day across the country, first struck Greater Newburyport in February 2020 and killed tens of thousands of people nationwide by that July. During those first few months, nursing home facilities were among the most heavily hit and represented a disproportionate number of deaths.

In May 2020, Comley announced he would not require residents and staff to undergo COVID-19 testing and by doing so, turned down about $150,000 in additional funding from the state. He said he questioned the effectiveness of testing. He also said his facility had a strong supply of personal protective equipment.

Comley's wrangling with the state continued right up until the time he closed his business. In October, he threatened to close the facility if the state forced him to vaccinate all employees by Oct. 10. In February, Comley refused to allow state health inspectors inside the building until a judge ordered him to allow them access.

Comley did not return phone calls seeking comment.

A Massachusetts Attorney General's Office spokesperson did not reply to an email seeking more information regarding the lawsuit.

Dave Rogers is a reporter with the Daily News of Newburyport. Email him at: drogers@newburyportnews.com. Follow him on Twitter @drogers41008.

Dave Rogers is a reporter with the Daily News of Newburyport. Email him at: drogers@newburyportnews.com. Follow him on Twitter @drogers41008.

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