$365,000.00 Penalty To Nursing Home Cited For Short Staffing Resulting in Death.

The 6th Circuit Court of Appeals affirmed a Civil Money Penalty Judgment against a nursing home in Ashbury Center v. Department of HHS, 6th Cir. No.02-3438 for the Center's failure to provide adequate supervision posing immediate jeopardy to two residents health and safety. Both residents fell down stairwells while strapped into wheel chairs. 42 C.F.R. Section 488.301 defines immediate jeopardy as a situationin which the provider's noncompliance with one or more requirements of participation has cause serious injury or death to a resident. The judgment affirmed the finding of the administrative law judge below that the Center's care did not comply with Medicare regulations requiring that corridors not be left unsupervised for indefinate periods and that adequate staffing be maintained.