Assisted living facility retains license but is ordered to pay civil penalty and adhere to license limitations due to twelve violations.

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1233167 , Decision Date: 2013-04-11 
Attachment: Click here to download the decision. 

Judge Brown reversed the decision of the Georgia Department of Community Health to revoke Petitioner’s license to operate an assisted living facility for lack of “imminent” or “substantial” danger to residents. Despite the decision to reverse, however, the judge upheld twelve of the twenty-one alleged violations in the areas of staffing, physical plant health and safety, furnishing and fixtures, services, nutrition, and procedures for change in resident condition. While the twelve violations did not meet the standard for revocation, the violations have the potential to create a serious, hazardous condition for residents. Therefore, the judge restricted Petitioner’s license to operate by setting the maximum capacity of the facility’s non-secure unit at forty-five residents and prohibiting any new admissions to the secured unit for one year. Petitioner was also ordered to pay a civil penalty.