Whether defendant is a “residential health care facility” as defined by §2801-d of the Public Health Law. Burkhart v. People, Inc., 10 N.Y.S.3d 767 (N.Y. App. Div. 2015)

In  Burkhart v. People, Inc., 10 N.Y.S.3d 767 (N.Y. App. Div. 2015), the court had to decide whether the facility qualified as a “residential health care facility” under New York’s Public Health Law § 2801-d. This case arose after Brian Burkhart, a developmentally disabled resident, suffered severe injuries due to alleged negligence by the group home’s employees.

Background Facts
Brian Burkhart, a developmentally disabled individual, resided at a group home operated by People, Inc. On January 12, 2008, Brian experienced seizures, and the plaintiff alleged that the response from the group home’s employees, Elisa Smith and Amy Mazurkiewicz, was inadequate. Five days later, while on an outing with group home staff member Katelynne Coleman, Brian wandered away from a movie theater and was struck by a vehicle driven by Lucian Visone. This accident, which involved a car owned by Lakefront Construction, Inc., resulted in serious injuries for Brian.

The plaintiff’s lawsuit included claims under Public Health Law § 2801-d, which permits legal action against facilities that fail to adhere to established patient protections. The defendant filed a motion for summary judgement dismissal arguing that it was not a “residential health care facility” under Public Health Law § 2801-d.  The lower court denied the motion. The defendant appealed.

Issue
Whether the group home qualified as a “residential health care facility” under Public Health Law § 2801-d.

Holding
The court held that the group home operated by People, Inc. was not a “residential health care facility” under Public Health Law § 2801-d. The court concluded that although the group home provided some physical care, it did not qualify as a facility offering a “health-related service” as defined by the statute. Consequently, the court dismissed the plaintiff’s causes of action based on the statute.

Rationale

Public Health Law § 2801-d. This statute provides a private right of action for patients who are deprived of rights or benefits related to their care. The group home and its employees argued that they were not covered by this statute because they did not operate primarily as a health-related service provider, as defined under the law.

The court’s decision was based on the definition of a “residential health care facility” in Public Health Law § 2801. According to this law, a residential health care facility is generally a nursing home or a facility providing health-related services. The court noted that while the group home provided lodging and some physical care, it did not offer health-related services in the way that nursing homes or hospitals do. The legislative history of § 2801-d supported this interpretation, as the statute was intended to address abuses in the nursing home industry. Since the group home was regulated under different laws and did not serve primarily as a health care provider, it did not fall under the purview of Public Health Law § 2801-d.

Conclusion

The court concluded that the group home operated by People, Inc. did not qualify as a “residential health care facility” under Public Health Law § 2801-d. This ruling emphasized the importance of statutory definitions in determining the applicability of patient protection laws. The dismissal of the plaintiff’s claims under this statute highlights the need for clear legal guidelines regarding the types of facilities covered under specific regulations.

If you or a loved one has suffered serious injuries in a nursing home in New York, it’s crucial to seek legal help. Contact an experienced New York nursing home abuse lawyer at Stephen Bilkis & Associates to discuss your rights and potential claims, and to ensure you receive the justice and compensation you deserve.