Court Rules to Uphold State's Decision to Shut Down Nursing Home

The 1st District Court of Appeals has upheld a state order a troubled nursing center be shut down. The move is so rare that the facility would be the only nursing home in the states recent history to be forcibly closed by state regulators.

The state Agency for Health Care Administration began taking action to close the center in July, saying it failed to protect residents from hurting themselves and each other. The facility remained open while the court case was being decided, during which time problems continued.

The facility has existed under various names in the same location since at least 2002. The court case did not focuss on the problems at the facility, instead it focused on whether attorneys for the center missed the deadline to appeal the state’s final order of closure. Meanwhile, problems at the center were ongoing.

State records show that in September the problems had not yet been corrected. A September inspection report documented a fist fight between residents that broke out while state regulators were on the premises to monitor the center. The state regulators had to break up the fight at first because no staff were present. Relocating the center’s patients has yet to be arranged. The center specialized in elderly patients who were mentally ill or suffering from severe dementia. For more, read the story.

Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

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