Bound by current license until application for an increase is granted.

Topic: Health Law, Decided by: Judge Miller 
Docket Number: 1433318 , Decision Date: May 29, 2014 
Attachment: Click here to download the decision. 

The Department of Community Health properly fined a personal care home $25,000 for repeat violations of capacity and level-of-care license and rule violations. The fact that the personal care home had a pending application for an increase in capacity did not justify admitting more residents than allowed under its current license. In fact, the failure to comply with the current license authorized the denial of the pending application for increased capacity.

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