A Pennsylvania appeals court holds that a resident of a personal care home cannot appeal her discharge because regulations applying to nursing home residents do not apply to her. Bouman v. Department of Public Welfare (Pa. Commw. Ct., No. 1262 C.D. 2014, Jan. 9, 2015).
Carmel Bouman was a resident of a personal care home. The home gave her a discharge notice, stating that because she continued to leave the building, it could no longer maintain her safety. Ms. Bouman challenged her discharge with the licensing board, but the board found no violations.
Ms. Bouman appealed to Department of Public Welfare, Bureau of Hearings and Appeals (BHA). An administrative law judge ruled that the BHA does not have jurisdiction over Ms. Bouman's appeal because she was discharged from a personal care home, not a long-term care nursing facility. Ms. Bouman appealed to the court.
The Pennsylvania Commonwealth Court, an intermediate appellate court, affirms, holding that "there is no regulation authorizing an administrative appeal following a resident’s discharge from a personal care home." According to the court, regulations governing nursing homes do not apply to personal care homes.
For more about this case from the Elder Law Prof Blog, click here.
For the full text of this decision, go to: https://www.pacourts.us/assets/opinions/Commonwealth/out/1262CD14_1-9-15.pdf?cb=1
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