Last week, eight elderly patients at the Rehabilitation Center at Hollywood Hills in Florida died in the aftermath of Hurricane Irma. The storm’s ferocious winds and dangerous weather conditions caused mass power outages and flooding across Florida.
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DECISION
Petitioner, Rehabilitation Center at Hollywood Hills, LLC, was a long-term care facility located in Hollywood, Florida, that, until recently, participated in the Medicare program. In the aftermath of Hurricane Irma, the facility’s air conditioning system stopped functioning, and its residents languished in sweltering conditions.
BACKGROUND
The Social Security Act (Act) sets forth requirements for nursing facilities to participate in the Medicare program and authorizes the Secretary of Health and Human Services to promulgate regulations implementing those statutory provisions. Act § 1819. The Secretary’s regulations are found at 42 C.F.R. Part 483.
DISCUSSION
Summary judgment . Summary judgment is appropriate if a case presents no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Bartley Healthcare Nursing & Rehab., DAB No. 2539 at 3 (2013) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-25 (1986)); Ill. Knights Templar Home, DAB No.
Conclusion
For all of these reasons, I find that, from at least September 10 through 13, 2017, the facility was not in substantial compliance with Medicare program requirements and that its deficiencies posed immediate jeopardy to resident health and safety. The penalty imposed – $20,965 per day for four days of immediate jeopardy – is reasonable.
Footnotes
1. ↩ Unlike nursing home appeals, the provider/supplier appeals process includes a reconsideration stage at which parties have the opportunity to present evidence. 42 C.F.R. §§ 498.22, 498.24.
Stephen Hobbs
Stephen Hobbs is a data reporter for the Sun Sentinel. He joined the newspaper in 2016 after working for the Colorado Springs Gazette.
Wells Dusenbury
Wells Dusenbury is a reporter at the Sun Sentinel, focusing primarily on Palm Beach County. He previously covered the Miami Marlins, Florida Panthers and high school sports for the Sun Sentinel. A University of Florida graduate, he also worked at ESPN West Palm, contributing on their digital, TV and radio platforms.
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How many beds are there in the Rehabilitation Center at Hollywood Hills?
Jump to navigationJump to search. The Rehabilitation Center at Hollywood Hillswas a private nursing home located in Hollywood, Florida, United States with 152 beds.
How long does Hollywood Hills nursing home power last?
The deaths at the Hollywood Hills nursing home prompted an immediate response from Florida lawmakers.[15] Governor Scott signed an executive order mandating nursing facilities to have plans in place to supply emergency power for four days in the event of a power outage.
How many deaths were there at the nursing home?
On November 22, the 12 deaths at the nursing home were ruled to be homicides by heat exposure.[9] Court hearings for the potential permanent revocation of the nursing home's license began on January 29, 2018. [14]
Decision
- Petitioner, Rehabilitation Center at Hollywood Hills, LLC, was a long-term care facility located in Hollywood, Florida, that, until recently, participated in the Medicare program. In the aftermath of Hurricane Irma, the facility’s air conditioning system stopped functioning, and its residents languished in sweltering conditions. Eight of them died ...
Background
- The Social Security Act (Act) sets forth requirements for nursing facilities to participate in the Medicare program and authorizes the Secretary of Health and Human Services to promulgate regulations implementing those statutory provisions. Act § 1819. The Secretary’s regulations are found at 42 C.F.R. Part 483. To participate in the Medicare program, a nursing facility must main…
Issues
- I must consider whether summary judgment is appropriate. On the merits, the issues before me are: 1. from September 10 through 13, 2017, was the facility in substantial compliance with Medicare program requirements; 1. if the facility was not then in substantial compliance, did its deficiencies pose immediate jeopardy to resident health and safety; and 1. if the facility was not …
Discussion
- Summary judgment. Summary judgment is appropriate if a case presents no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Bartley Healthcare Nursing & Rehab., DAB No. 2539 at 3 (2013) (citingCelotex Corp. v. Catrett, 477 U.S. 317, 322-25 (1986)); Ill. Knights Templar Home, DAB No. 2274 at 3-4 (2009), and cases cited therein. The mo…
Conclusion
- For all of these reasons, I find that, from at least September 10 through 13, 2017, the facility was not in substantial compliance with Medicare program requirements and that its deficiencies posed immediate jeopardy to resident health and safety. The penalty imposed – $20,965 per day for four days of immediate jeopardy – is reasonable. I have no authority to review CMS’s choice …
Footnotes
- 1.↩Unlike nursing home appeals, the provider/supplier appeals process includes a reconsideration stage at which parties have the opportunity to present evidence. 42 C.F.R. §§ 498.22, 498.24.
- 2.↩My findings of fact/conclusions of law are set forth, in italics and bold, in the discussion captions of this decision.
- 1.↩Unlike nursing home appeals, the provider/supplier appeals process includes a reconsideration stage at which parties have the opportunity to present evidence. 42 C.F.R. §§ 498.22, 498.24.
- 2.↩My findings of fact/conclusions of law are set forth, in italics and bold, in the discussion captions of this decision.
- 3.↩Since these cases were decided, CMS has amended its regulations governing nursing facility participation in the Medicare program. 81 Fed. Reg. 68,688 (October 4, 2016). However, the substance...
- 4.↩Plant Manager Williams refers to himself as “director of engineering.” But he is not a trained or licensed engineer. He has “certificates of completion” in HVAC (heating, ventilation…
