01-4088 Fairfax Nursing Home, Inc. v. DHHS

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“As the members of the Appellate Division noted, a fair reading of the ALJ’s opinion also makes clear that he focused not simply on the situation of each individual patient, but also on the entire state of readiness in the facility during the time in question. Fairly read, his ‘bottom line’ is that a respiratory patient in Fairfax during the time in question was in continuous jeopardy of serious injury or death because of the systemic incapacity of the facility to render the necessary care to sustain life and avoid serious injury. The record is replete with references to the danger of infection to vent-dependent residents living in nursing homes. The death of R10 was the beginning of a series of events that document all too graphically the finding of the ALJ.

“We also believe that the HHS’ decision is supported by substantial evidence. The state surveyors documented numerous instances of Fairfax’s failure to care adequately for its respirator-dependent residents. The common thread running through most of these omissions is Fairfax’s repeated lack of follow-up and monitoring after a resident experienced respiratory distress.

Beginning with the death of R10, and continuing throughout the period in question, Fairfax did not ensure that, once a resident had an episode, that resident was examined at regular intervals in the time immediately following the incident. The record firmly supports HHS’ determination that a state of immediate jeopardy to resident health existed at Fairfax from December 20, 1996, until April 3, 1997.”

Affirmed.

Petition for Review of a Final Decision of the Department of Health and Human Services Department Appeals Board, Appellate Division, Ripple, J.