New York Post

NURSE HOME WRECK

HCR & CEO $par

- By JOSH KOSMAN

The landlord of America’s second-biggest nursing home chain is haggling with the company’s top executive over a lavish compensati­on package, even as the chain teeters on the edge of bankruptcy, sources told The Post.

Paul Ormond, CEO of HCR ManorCare, is demanding $100 million in deferred compensati­on that private equity giant Carlyle Group promised to pay him as part of a $6.3 billion buyout of the company in 2007, according to sources close to the situation.

But Ormond is proving to be the hang-up as Carlyle and HCR’s landlord, publicly traded Quality Care Properties, scramble to cut an out-ofcourt restructur­ing deal, one source said.

Ormond insists on immediate payment under the 10-yearold compensati­on agreement, structured to help him avoid taxes — despite the fact that the nursing home chain is not only in dire financial straits, but also is being investigat­ed by the Department of Justice for performing unnecessar­y services, sources said.

Quality Care Properties “says it cannot pay that kind of money to Ormond now in the face of a DOJ investigat­ion,” and QCP can throw HCR into default, the source said.

Ormond would likely receive at least $60 million in a bankruptcy, the source said.

The DOJ in 2015 filed a complaint against HCR alleging that HCR routinely submitted false claims to Medicare for re- habilitati­on therapy services that were not “medically reasonable and necessary.”

The DOJ alleges HCR exerted pressure on nursing home therapists to “exploit” elderly patients for profits, according to the complaint.

The claims against HCR are allegation­s, and there has been no determinat­ion of liability. The case is still in active litigation, a DOJ spokesman told The Post.

Despite the legal mess, Ormond wants to be paid fully in exchange for agreeing to a restructur­ing, or he is willing to take his chances in a bankruptcy that could end up shuttering many of HCR’s nursing homes, a source said.

Since 1991, Ormond has run the provider that owns about 500 skilled nursing and rehab centers, and manages 34,000 beds in states including Florida and Pennsylvan­ia. In recent weeks, HCR defaulted on its loans, sources said.

HCR creditors owed $380 million, including Leon Black’s Apollo Global Management, are threatenin­g to begin court actions to seize HCR assets in “business days or weeks, not months,” a source said.

Carlyle co-CEO David Rubenstein hosts a show on Bloomberg Television, and constantly speaks about the virtues of private equity. Driving a nursing home chain into bankruptcy would be embarrassi­ng, sources said.

When buying HCR in 2007, Carlyle assured skeptical state regulators that a leveraged buyout of a nursing home would not put HCR at risk.

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