Lisa Boggs

Certified nurse aide’s refusal to clean and dress total care patient constituted neglect.

Nurse Aide Registry

In an incident at a nursing home, Petitioner, a certified nurse aide (CNA), refused to clean and dress a resident, who was totally dependent on staff members to perform activities of daily living, and thereafter used profane and harsh language in the resident’s presence.  Although Petitioner’s refusal to provide care to the resident justified placing […]

Certified nurse aide’s refusal to clean and dress total care patient constituted neglect. Read More

Incurred Medical Expenses must be allowed as a deduction at an amount equal to the Medicaid reimbursement rate.

Health Law

After Petitioner, a nursing home resident, was approved to receive Medicaid, the Department of Community Health (DCH) was required to deduct the expenses that he incurred at the nursing home three months prior to his Medicaid application, or incurred medical expenses (IMEs), from his share of the prospective cost of his care.  Respondent was not

Incurred Medical Expenses must be allowed as a deduction at an amount equal to the Medicaid reimbursement rate. Read More

Short temper and violent behavior justify continued habilitation as an inpatient.

Civil Commitment

The Department of Behavioral Health and Developmental Disabilities (DBHDD) is authorized to continue habilitation of Respondent, an individual diagnosed with Moderate Mental Retardation, Intermittent Explosive Disorder, and Autism, as an inpatient in its facility.  Respondent’s violent reactions to adversity warrant continued habilitation as an inpatient and more progress in controlling his violent outbursts must be

Short temper and violent behavior justify continued habilitation as an inpatient. Read More

No stay of SOURCE benefit termination as discharge planning was provided.

Health Law

Judge Walker denied Petitioner’s request to stay the termination of SOURCE benefits pending adequate discharge planning, finding that a referral to Fayette Senior Services for housekeeping and home delivered meals was adequate.  Nevertheless, even if the Department of Community Health had failed to comply with Judge Walker’s order on remand, Petitioner presented no authority to

No stay of SOURCE benefit termination as discharge planning was provided. Read More

Failure to comply with Consent Order and guard against patient abandonment sufficient to support suspension of license to practice optometry.

Professional Licensing

Respondent, an optometrist, was required to pay a $1,000 fine, complete two continuing education hours and submit proof of completion to the Board of Optometrists (the Board) pursuant to a Consent Order. Although Respondent completed the two continuing education hours, she did not timely submit proof of such completion or pay the $1,000 fine.   Further,

Failure to comply with Consent Order and guard against patient abandonment sufficient to support suspension of license to practice optometry. Read More

Corporation and its officers assessed civil penalties of over one million dollars for violations of the Fair Business Practices Act.

Consumer Protection

Bene-Fit Health Products, Inc. (Bene-Fit)—a corporation in the business of selling “magnetic field therapy” products—and its principals were assessed a fine for violations of the Fair Business Practices Act (FBPA).   Bene-Fit and its principals advertised an eight-week delivery time frame with the knowledge that products would be delivered late or not at all and then

Corporation and its officers assessed civil penalties of over one million dollars for violations of the Fair Business Practices Act. Read More

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