Civil penalty amount unsupported where no residents were in facility’s care.

Topic: Health Law, Decided by Judge Howells 
Docket Number: 1627302 , Decision Date: 2016-02-18 
Attachment: Click here to download the decision. 

The Department of Community Health was authorized to fine a community living arrangement (CLA) based on the failure of the owner to be present, or ensure that a staff member was present, during an annual inspection.  However, the Department’s proposed fine amount was unsupported inasmuch as it was premised on the CLA’s commission of violations that “pose[d] an imminent and serious threat or hazard . . . to one or more persons in care,” and the evidence showed that no persons resided in the CLA at the time of the inspection.