Faulty Nonpayment Notices Prevent Nursing Facility from Transferring Resident
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Basing its ruling primarily on a nursing facility’s inaccurate notices, a Missouri trial court reversed an eviction ruling issued by the Missouri Department of Senior Services (DHSS), in a case in which the resident had owed money but had paid in full before the administrative hearing. Lindsay v. Bethesda Long Term Care, Inc., 07SL-CC00941 (Mo. Cir. Ct., St. Louis Cty. April 10, 2008).
Several months after the admission of Barbara Lindsay, the facility issued a Notice of Discharge for nonpayment of roughly $30,000. Following a telephone hearing, DHSS affirmed the Notice of Discharge, and the resident appealed to the trial court.
The trial court found that the facility’s billing statements had been grossly inaccurate, as they failed to take into account credits resulting from previous overcharges. The amount actually owed by Ms. Lindsay was approximately $20,000, which was $10,000 less than indicated by billing statements and the discharge notice. Also, the full amount due was paid in full prior to the hearing.
Thus, the facility’s billing statements were not reasonable and appropriate as required by state and federal regulations. Further, the discharge notice could not be understood by the resident, in violation of federal and state regulation, because it misstated the amount owed.
Ms. Lindsay’s physician had testified that previous transfers had led to a sharp decrease in her condition, and that any future transfer would likely lead to a further decline in her health. The resident’s son testified that he had addressed his mother’s health and billing concerns to facility management and staff. This to the court pointed to a high likelihood that a transfer would harm Ms. Lindsay’s health. The facility offered no evidence that they had arranged for a safe transfer, or that one was even possible. For all these reasons, the DHSS decision was reversed and vacated.