Robbins v. Iowa Department of Inspections & Appeals

567 N.W.2d 653, 1997 Iowa Sup. LEXIS 210, 1997 WL 424053
CourtSupreme Court of Iowa
DecidedJuly 23, 1997
Docket96-321
StatusPublished

This text of 567 N.W.2d 653 (Robbins v. Iowa Department of Inspections & Appeals) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robbins v. Iowa Department of Inspections & Appeals, 567 N.W.2d 653, 1997 Iowa Sup. LEXIS 210, 1997 WL 424053 (iowa 1997).

Opinion

NEUMAN, Justice.

A nursing home resident who challenged his involuntary discharge from a care facility appeals the district court order upholding an administrative review of his discharge. We affirm.

Plaintiff Charles Robbins, in his late fifties at the time of these proceedings, suffers from multiple sclerosis and blindness. He has also been diagnosed as having a personality disorder,' perhaps organic in origin, featuring explosive and aggressive outbursts. For seventeen years he resided at Heritage -Acres, an intermediate care facility in Cedar Rapids, *654 Iowa. Robbins is a Title XIX 1 and Medicare recipient.

The record reveals that during Robbins’ last three months at Heritage Acres he became physically aggressive and verbally abusive toward several other residents. The staffs long-time ability to redirect his aggression became less and less effective. Nursing and social service records from August through October 1994 document twenty-three such incidents.

After Robbins physically assaulted another wheelchair-bound patient, he was referred for evaluation (apparently voluntarily) to the psychiatric ward of a local hospital. While there, Heritage Acres notified him that he would be discharged from its facility in thirty days. The notice apprised Robbins of his right to appeal the decision. A social worker personally discussed the notice, as well as transfer options, with Robbins. .

An administrative law judge (ALJ) from the department of inspections and appeals heard Robbins’ appeal from the involuntary discharge notice. Both Robbins and the facility were represented by counsel. At issue was whether the discharge was warranted and whether the notice of discharge complied with Iowa Administrative Code rule 481— 58.40. The facility offered the testimony of its director of nursing, social worker, and staff members. All testified to Robbins’ aggressive behavior toward other residents and lack of cooperation with staff charged with moving him safely between his bed and wheelchair using a mechanical lift. Members of Robbins’ family, as well as Robbins himself, testified to the hardship a transfer to another facility would create because it would prevent them from visiting with Robbins regularly, by phone and in person.

The ALJ, affirmed on appeal by the director of the department of inspections and appeals, found that Robbins had run his wheelchair into other residents, restrained their freedom of movement, and directed abusive language at both residents and staff

members. These hostile actions, concluded the ALJ, justified Robbins’ discharge based on the health, safety, and emotional welfare of the other residents. The department also determined that Heritage Acres properly notified Robbins of his involuntary discharge from the facility, finding him to be the “responsible party” for notification, as contemplated in Iowa Administrative Code rule 481 — 58.40(1). The department’s decision was affirmed by the district court on judicial review. See Iowa Code § 135C.13 (1995); § 17A.19. This appeal by Robbins followed.

On appeal Robbins challenges the department’s interpretation of Iowa Code chapter 135C and associated administrative regulations. First, he claims the record is insufficient as a matter of law to justify involuntary discharge from Heritage Acres. Second, he contests his status as a “responsible party” for purposes of receiving the discharge notification.

Our review is limited to the correction of errors at law. Gaffney v. Department of Employment Sens., 540 N.W.2d 430, 433 (Iowa 1995). We are bound by the agency’s factual findings that are supported by substantial evidence in the record, but we accord only limited deference to the agency’s interpretation of pertinent statutes. Id; Stacey-ville Community Nursing Home v. Department of Inspections & Appeals, 528 N.W.2d 557, 559 (Iowa 1995).

I. Statutory and Regulatory Framework.

Safeguards against improper discharge or transfer of patients from health care facilities, grounded in federal law, are provided by Iowa statute and administrative regulation. Iowa Code chapter 135C charges the department of inspections and appeals with the duty to “enforce rules setting minimum standards for health care facilities.” Iowa Code § 135C.14. This includes promulgating “policies and procedures regarding the treatment, care, and rights of residents.” Id *655 § 135C.14(8). Iowa Code section 135C.14(8)(b) states that the department shall adopt rules relating to

[t]he involuntary discharge or transfer of residents from a facility including provisions for notice and agency hearings and for the development of a patient discharge or transfer plan and for providing counseling services to a patient being discharged or transferred.

Pertinent to this appeal, section 135C.14(8) directs that the rules shall encompass the resident’s rights provisions contained in 42 C.F.R. section 483.12 (1989). With regard to notice of transfer or discharge, this federal regulation prohibits discharge unless the following standards are met: the safety of health of individuals in the facility is endangered; a thirty-day notice has been delivered to the resident prior to discharge and to a family member or legal representative, if known; the notice contains the reason for discharge, right of appeal information, date and location of the discharge, and contact information for the care ombudsperson and responsible agency; and the facility prepares and orients the resident to be discharged to ensure safe and orderly transition. 42 C.F.R. § 483.12(a). In sum, the federal framework for an involuntary discharge or transfer requires a five-part showing: cause, notice, agency hearing, plan development, and counseling.

Iowa Administrative Code rule 481 — 58.40, governing involuntary discharge or transfer from an intermediate care facility, either meets or exceeds the requirements set forth in 42 C.F.R. section 483.12. The administrative regulation states in pertinent part:

481 — 58.40(1350 Involuntary discharge or transfer.
58.40(1) A facility shall not involuntarily discharge or transfer a resident from a facility except: For medical reasons; for the resident’s welfare or that of other residents ....
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c. Involuntary transfer or discharge of a resident from a facility shall be preceded by a written notice to the resident or responsible party at least thirty -days in ad-vanee of the proposed transfer or discharge ....
d.

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Related

State v. Stradt
556 N.W.2d 149 (Supreme Court of Iowa, 1996)
Gaffney v. Department of Employment Services
540 N.W.2d 430 (Supreme Court of Iowa, 1995)
Manor of Lake City, Inc. v. Hinners
548 N.W.2d 573 (Supreme Court of Iowa, 1996)

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Bluebook (online)
567 N.W.2d 653, 1997 Iowa Sup. LEXIS 210, 1997 WL 424053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robbins-v-iowa-department-of-inspections-appeals-iowa-1997.