 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Johnson v. Missouri Department of Health and Senior Services8/9/2005
Opinion Vote: AFFIRMED.
Howard and Holliger, JJ., concur.
Opinion:
Opinion modified by Court' s own motion on October 4, 2005. This substitution does not constitute a new opinion.
Teresa Johnson appeals, in accordance with section 660.315.7, RSMo Supp. 2003, the decision of the Deputy Director of the Missouri Department of Health and Senior Services (Department), placing her name on the employee disqualification list (EDL), maintained by the Department, as provided in section 198.070 . At the time of the Deputy Director's decision, January 27, 2003, the version of section 198.070 then in effect, provided:
The department shall maintain the employee disqualification list and place on the employee disqualification list the names of any persons who have been finally determined by the department pursuant to section 660.315, RSMo, to have recklessly, knowingly or purposely abused or neglected a resident while employed in any facility.
Section 198.070.12. A person listed on the EDL is:
disqualified from holding any position in any public or private facility or day program operated, funded or licensed by the department or in any mental health facility or mental health program in which people are admitted on a voluntary or involuntary basis or are civilly detained pursuant to chapter 632, RSMo.
Section 630.170.1, RSMo Supp. 2003. The Deputy Director's decision to place the appellant's name on the EDL resulted from the heat-related deaths of four elderly residents of the Leland Healthcare Center (LHC), a skilled nursing facility located in University City, Missouri, while the appellant was the administrator.
The appellant raises two points on appeal. In Point I, she claims that the Deputy Director erred in ordering that her name be placed on the EDL maintained by the Department because it was not supported by competent and substantial evidence upon the whole record; was arbitrary, capricious or unreasonable; and was an abuse of discretion due to its reliance on inadmissible hearsay evidence. In Point II, she claims that the Deputy Director erred in ordering that her name be placed permanently on the EDL because: (1) in determining the period of time her name should remain on the list, he misapplied section 660.315.9 in that he did not consider any mitigating circumstances; and (2) his decision was arbitrary and capricious in that it did not set forth the factors on which he relied.
We affirm.
Facts
The LHC is a three-story, 130-bed skillednursing facility, located at 894 Leland Avenue in University City, Missouri. It is governed by the Omnibus Nursing Home Act, sections 198.003-.186 . As a skilled nursing facility defined by section 198.006(18) , it provides nursing care and treatment services for individuals requiring twenty-four hours a day care by licensed nursing personnel including acts of observation, care and counsel of the aged, ill, injured or infirm, the administration of medications and treatments as prescribed by a licensed physician or dentist, and other nursing functions requiring substantial specialized judgment and skill.
Pursuant to section 198.009 , the LHC is subject to rules, regulations, and standards promulgated by the Department.
The appellant became the administrator of the LHC on March 16, 2001. At the time, she was licensed, in accordance with section 344.020 , by the Missouri Board of Nursing Home Administrators as a professional nursing home administrator. In Johnson v. Missouri Board of Nursing Administrators , 130 S.W.3d 619, 623 (Mo. App. 2004) (Johnson I) , this court affirmed the judgment of the Ci
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Missouri Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|