Inappropriately Placed Residents and Adminstrative Penalties

Following a survey, DADS assessed an administrative penalty against an assisted living facility for “having three inappropriately placed residents.” Our firm appealed this holding on behalf of the facility under the premise that the regulations forbid the Department from assessing administrative penalties for “inappropriate placement.” We filed a Motion for Summary Disposition asking the ALJ to delete the penalty and DADS filed a similar Motion requesting the Court to uphold the imposition of the penalty. The ALJ granted our Motion for Summary Disposition and DADS moved for reconsideration. The ALJ denied the Department’s Motion for Reconsideration and succinctly reiterated its initial holding—“it is ordered that the imposition of administrative penalties that were the subject of this appeal be reversed.”