Alj, Dab Rulings, And Ij Citations

By Author: Jaun Paul
Total Articles: 53
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A new administrator for a nursing home was surprised to know that one can get an immediate jeopardy citation for an issue that doesn't really harm.


So the question is whether there are any administrative law judge rulings or Departmental Appeals Board (DAB) decisions that say that Immediate Jeopardy (IJ) citations should involve actual harm to one or more patients. What's more, have ALJ or DAB rulings addressed how theoretical the potential for harm has to be in order for surveyors to cite IJ?


Joseph Bianculli, an attorney in private practice in Arlington, Va reported that some years back, the Departmental Appeals Board issued a decision that suggested that immediate jeopardy may not be based on a ‘potential for harm' deficiency. Notwithstanding this, the Board has made crystal clear in numerous subsequent rulings that immediate jeopardy may be based on potential for harm citations.


But unfortunately, there are many decisions, including some upholding immediate jeopardy citations, where the asserted potential for harm is extremely remote, even to the point of being ...
... speculative or hypothetical.


The Board loves to believe that the asserted non-compliance is of the sort that could cause harm, and that this standard is enough to enforce sanctions.


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