Hearsay evidence insufficient to show unlicensed operation of personal care home.

Topic: Health Law, Decided by Judge Walker 
Docket Number: 1554338 , Decision Date: 2015-07-08 
Attachment: Click here to download the decision. 

The Department of Community Health determined that Petitioner was operating an unlicensed personal care home based on residents’ statements that Petitioner provided them with regular meal services and assistance with their medications.  However, the residents’ out-of-court statements were insufficient to establish that Petitioner was providing meals or assistance with medication.  Although Petitioner did not object to the hearsay statements, they were entitled to diminished weight given the absence of the declarants’ in-court testimony.