Greene County Nursing & Care Center, Inc. v. Department of Social Services

807 S.W.2d 117, 1991 Mo. App. LEXIS 4, 1991 WL 49
CourtMissouri Court of Appeals
DecidedJanuary 2, 1991
DocketNo. WD 43237
StatusPublished
Cited by2 cases

This text of 807 S.W.2d 117 (Greene County Nursing & Care Center, Inc. v. Department of Social Services) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene County Nursing & Care Center, Inc. v. Department of Social Services, 807 S.W.2d 117, 1991 Mo. App. LEXIS 4, 1991 WL 49 (Mo. Ct. App. 1991).

Opinion

TURNAGE, Judge.

Greene County Nursing and Care Center, Inc., d/b/a Greene Haven, was certified to participate in the Missouri Medicaid Pro[118]*118gram. The facility was built in 1980 and in 1988 an addition was built on to the facility. Greene Haven applied for reconsideration of its reimbursement rate to take into consideration the cost of the new construction. The request was denied and Greene Haven submitted its case to the Administrative Hearing Commission. The Commission denied the request and on Greene Haven’s appeal to the circuit court the decision was affirmed.

On this appeal, Greene Haven contends the Commission reached a result not authorized by law. Reversed and remanded.

Greene Haven was originally built with limited space in the dining room and insufficient space for storage and office uses. In 1988, the facility was expanded by adding on a new building which enlarged the dining room space so that all residents could be fed in one sitting instead of two sittings. This meant the residents could be fed in one and one-half hours per meal or four and one-half hours a day instead of the seven and one-half hours per day that it took to feed all residents prior to the new construction. The new construction also added additional storage and office space.

The parties agree that if Greene Haven is entitled to reconsideration of its reimbursement rate that the new rate expressed as a per diem amount would be thirty-six cents.

The Division of Medical Services took the position that Greene Haven was entitled to reconsideration of its reimbursement rate only if the new construction added new beds to enlarge its existing facility. Since the new building did not add any beds to the Greene Haven facility, the Division denied the reconsideration request.

Greene Haven filed an appeal with the Administrative Hearing Commission which held a hearing. The Commission decided that under § 208.169.1(2), RSMo Supp.1987, reconsideration was proper only in the event Greene Haven built an entirely new facility.

On appeal to the circuit court the Commission’s decision was affirmed and Greene Haven has appealed to this court.

Although not raised by the parties, this court has examined the applicable law to determine if the Administrative Hearing Commission had jurisdiction to hear and decide this case. The Commission has jurisdiction under § 621.0551 as follows, “[a]ny person authorized under section 208.153, RSMo, to provide services for which benefit payments are authorized under section 208.152, RSMo, may seek review by the administrative hearing commission of any of the actions of the department of social services specified in subsection 2, 3, or 4 of section 208.156, RSMo.” Section 208.152.1(4), authorizes benefit payments for eligible needy persons for nursing home services. Section 208.153, RSMo Supp.1989, provides that “the division of medical services shall by rule and regulation define the reasonable costs, manner, extent, quantity, quality, charges and fees of medical assistance herein provided.” Section 208.156.2 provides that a “person authorized under section 208.153 to provide services for which benefit payments are authorized under section 208.152 whose claim for reimbursement for such services is denied ... shall be entitled to a hearing before the administrative hearing commission. ...”

Greene Haven qualifies as a person authorized to provide services. The remaining question is whether this is a claim for reimbursement. Although Greene Haven is seeking only a partial reimbursement for the services it provides through its nursing home by way of reconsideration of its reimbursement rate, it is seeking reimbursement which has been denied. In short, this court does not construe § 208.156.2 to apply only if the entire claim for the reimbursement has been denied, but such section would apply to a partial denial of reimbursement which would be the case here because Greene Haven is already receiving reimbursement and is seeking the additional amount. Thus, this court concludes the Commission had jurisdiction to [119]*119hear this case. However, it is worthy of note that the Commission did not consider the question of its jurisdiction in its findings of fact and conclusions. Because the Commission is a creature of statute and has no more and no less authority than granted by the legislature, State Board of Reg. for Healing Arts v. Masters, 512 S.W.2d 150, 161[10, 11] (Mo.App.1974), it would be well for the Commission to recite the jurisdictional basis for its consideration of a case.

Turning to the appeal, Greene Haven seeks reconsideration of its reimbursement rate under § 208.169.1(2), RSMo Supp.1987, and contends the construction placed on that section by the Commission results in a nonsensical interpretation. Section 208.-169.1(2), RSMo Supp.1987, provides for a reimbursement “[i]n the case of a newly built facility or part thereof which is less than two years of age_” The Commission held that the phrase “or part thereof” refers to a newly built facility so that the section would read “in the case of a newly built facility or of a newly built part of a newly built facility.” In effect, the Commission held that the statute referred only to a newly built facility or a newly built part of a newly built facility. The Division agrees with the Commission’s interpretation, but contends that unless the newly built part contains beds there is no basis for a reconsideration. The Division’s only authority for this position is an unwritten policy followed by the Division. Further, the Division characterizes the new building built on to Greene Haven as a remodel and not as a newly built building.

Black’s Law Dictionary (5th ed, 1979) defines remodel as “[t]o model anew; reconstruct, recast, reform, reshape, reconstruct, to make over in a somewhat different way.” It is apparent that the building of a new building to add on to an existing facility is not a remodel.

It is also apparent that a nursing home facility must have dining room, office and storage space. Certainly a nursing home cannot exist with only space for beds and no space for necessary auxiliary services. Thus, the addition of a new building to an existing facility to fill a need for additional dining room, office and storage space would be just as necessary to the operation of a nursing home as the construction of a building to house beds.

The position of the Division that the new building constructed by Greene Haven cannot be the basis of a reconsideration of its reimbursement rate because it did not add any more beds cannot be sustained because a nursing home requires more than beds and such argument has no basis in law and finds its only basis in an unwritten policy of the Division.

Turning to the meaning of the phrase “in the case of a newly built facility or part thereof which is less than two years of age” this court cannot agree with the interpretation found by the Commission. Under the Commission’s version a newly built building which became a part of an existing facility which was more than two years of age could never be considered as giving rise to a reconsideration of its reimbursement rate.

Section 208.169.1(2), RSMo Supp.1987, is ambiguous in its reference to “part thereof.” “When a statute is ambiguous, it is proper to consider its history, the surrounding circumstances and the ends to be accomplished.” Glanville v.

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State ex rel. Oakwood Manor Nursing Center v. Stangler
809 S.W.2d 90 (Missouri Court of Appeals, 1991)

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Bluebook (online)
807 S.W.2d 117, 1991 Mo. App. LEXIS 4, 1991 WL 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-county-nursing-care-center-inc-v-department-of-social-services-moctapp-1991.