THE EDGEWATER AT WATERMAN VILLAGE, APPELLANT,
v.
STELLA YOUNGREN, ETC., APPELLEE
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Edgewater At Waterman Village appealed an administrative order prohibiting it from transferring Stella Youngren, an Alzheimer's disease patient and Medicaid/Medicare resident, to another facility. The court affirmed, holding that Edgewater failed to meet the federal statutory requirement of proving by clear and convincing evidence that it could not meet Youngren's needs or that she posed a danger to other residents.
The court affirmed the hearing officer's order, holding that Edgewater failed to prove by clear and convincing evidence that it could not meet Youngren's needs, and that the hearing officer's findings regarding the lack of danger to other residents were supported by competent, substantial evidence and should not be disturbed on appeal.
[1] Nursing homes accepting Medicaid and Medicare payments cannot discharge or transfer a resident unless the transfer is necessary for the resident's welfare, the safety of…
[2] A nursing home must provide clear and convincing evidence to justify the transfer or discharge of a resident.
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Join FLexlaw to unlock all legal intelligence“Under federal law, nursing homes accepting payment from Medicaid and Medicare cannot discharge or transfer a resident unless (among other reasons not pertinent here): (1) the transfer is necessary for the resident's welfare, and the facility can no longer meet the needs of the patient; (2) the safety of other individuals in the facility is endangered; or (3) the health of other individuals in the facility is endangered.”
Establishes the federal statutory framework governing nursing home transfers for Medicaid/Medicare facilities
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Join FLexlaw to unlock all legal intelligenceStella Youngren was a resident of Edgewater At Waterman Village nursing home and suffered from Alzheimer's disease. Edgewater, a specialized facility …
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PER CURIAM.
The Edgewater At Waterman Village appeals an administrative order in favor of Stella Youngren, a one-time resident of Edgewater’s nursing home, and an Alzheimer’s disease patient. The order determined that Edgewater did not have the authority to transfer Youngren to another facility. We affirm. Under federal law, nursing homes accepting payment from Medicaid and Medicare cannot discharge or transfer a resident unless (among other reasons not pertinent here): (1) the transfer is necessary for the resident’s welfare, and the facility can no longer meet the needs of the patient; (2) the safety of other individuals in the facility is endangered; or (3) the health of other individuals in the facility is endangered. In addition, when the facility transfers or discharges a resident, the resident’s clinical record must be documented. Here, the hearing officer determined that those strictures were not met: “The evidence presented did not show sufficient documentation from [Youngren’s] physician and/or by the facility to justify a transfer/discharge for the reasons given by the facility which is a specialized lockdown unit for dementia patients of all security levels.”
On appeal, Edgewater raises several issues. First, Edgewater argues that the hearing officer erred in finding that it could meet Youngren’s needs. Cf. In re Involuntary Discharge or Transfer of J.S. by Ebenezer Hall, 512 N.W. 2d 604 (Minn.App.1994). We disagree. Edgewater specializes in patients with dementia. Section 400.0255(15)(b), Florida Statutes (1999), provides that a facility like Edgewater has to prove that its actions are justified by clear and convincing evidence. Since there was no showing that Youngren’s needs would create some extraordinary burden on Edgewater justifying her transfer, it failed to show by clear and convincing evidence that it could not meet those needs.
Edgewater states that because of the erroneous decision regarding Edgewater’s ability to meet Youngren’s heeds, the hearing officer concluded that it was not necessary to rule on whether the Youngren was a danger to the other residents. Edge-water is correct that the alleged danger to other residents is a distinct ground for transfer or discharge, but the order does not suggest that the hearing officer ignored the safety issue.1 Lastly, Edge-water argues the merits of whether Youn-gren was a danger to the other residents. Because there is evidence to support the hearing officer’s ruling 6n this point, it should not be disturbed on appeal. See Perdue v. TJ Palm Associates, Ltd., 755 So. 2d 660, 665 (Fla. 4th DCA 1999) (a hearing officer’s findings must be accepted unless the findings were not based on competent, substantial evidence); See Miami Dade County v. Reyes, 772 So. 2d 24 (Fla. 3rd DCA 2000) (the hearing officer is a trier of fact and he or she is privileged to weigh and reject conflicting evidence).2
AFFIRMED.
THOMPSON, C.J., SAWAYA and PLEUS, JJ., concur. . Although the hearing officer did not make a specific finding that Youngren was not a danger to the other residents, the hearing officer did state that the reasons given did not justify the transfer, thus implicitly addressing this ground for transfer and rejecting it, as it was one of the proffered reasons for transfer. . Edgewater also argued that the hearing officer erred in determining that there was insufficient documentation to justify the transfer. This issue is mooted because of our agreement with the hearing officer that the transfer was improper on substantive grounds.
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- Bowen v. State, 755 So. 2d 660 (Fla. 4th DCA 1999)
- Perdue v. TJ Palm Assocs., 755 So. 2d 660 (Fla. 4th DCA 1999)
- Miami-Dade Cnty. v. Reyes, 772 So. 2d 24 (Fla. 3d DCA 2000)
- Kaya McDUFFIE v. State, 772 So. 2d 24 (Fla. 2d DCA 2000)