NURSING HOME

摘要

Lakewood Nursing & Rehabilitation Center, LLC v. Department of Public Health, 2015 IL App (3d) 140899, 2015 WL 6658211 (Ill. App. Ct. 3d Dist. 2015), was a decision by the Illinois Court of Appeals reversed a trial court decision finding that a nursing home was not required to keep a resident for 30 days after receipt of a final discharge ruling for nonpayment of residence and nursing services. On October 28, 2013, Lakewood Nursing & Rehabilitation Center ("Lakewood") filed a notice of intent to involuntarily discharge resident Helen Sauvageau when Sauvageau failed to pay for her residence and nursing services. Sauvageau asked for a hearing with the Illinois Department of Public Health ("IDPH"), and then filed for Medicaid, which stayed the discharge proceedings. The Medicaid request was denied because she had transferred real estate from her name to her daughter's name. When Lakewood received Sauvageau's Medicaid denial in January 15, 2014, it requested an immediate involuntary discharge hearing. The March 2014 hearing resulted in a finding that Sauvageau owed money to Lakewood, and in a recommendation that the involuntary discharge notice be approved 30 days after the receipt of the final ruling. The final ruling was issued on May 6, 2014, affirming the notice of involuntary transfer, and dismissing the action.