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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 [..] Read More..

Facility’s failure to provide adequate supervision during outing resulted in resident’s death.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: 1630927 , Decision Date: 2016-04-20 
Attachment: Click here to download the decision. 

The owner of a personal care home organized a river tubing outing for four of its residents, all of whom had some level of cognitive impairment.  The owner was the only staff member on hand to supervise the residents during the outing, and was unable [..] Read More..

Functional limitations must be attributable to intellectual disability, not age, to meet ICF/ID level of care.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2016-01-05 
Attachment: Click here to download the decision. 

The Department of Community Health denied Petitioner’s application for coverage under the Katie Beckett deeming waiver because her caregivers did not demonstrate that she met any institutional level of care. The Court upheld the denial, finding that, although Petitioner appeared to exhibit the requisite functional [..] Read More..

Evasive, unreliable testimony regarding criminal record insufficient to establish mitigation.

Topic: Health Law, Decided by Judge Miller 
Docket Number: 1616599 , Decision Date: 2015-11-04 
Attachment: Click here to download the decision. 

The Department of Community Health denied an application for authorization to work at a personal care home due to two felony convictions.  Although the applicant initially testified that she had since been involved in no criminal activity, she admitted during cross-examination that charges of financial [..] Read More..

Parolee qualified to work at personal care facility due to mitigating factors.

Topic: Health Law, Decided by Judge Miller 
Docket Number: 1616603 , Decision Date: 2015-11-03 
Attachment: Click here to download the decision. 

An applicant was denied authorization to work in a personal care home owing to her conviction for three non-violent felony offenses in 2009.  At the time she sought authorization, the applicant was on parole and had yet to complete the terms of her sentence.  However, [..] Read More..

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 [..] Read More..

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