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LOIS ARCURIO AND MELODY GLOGOWSKI v. COMMONWEALTH PENNSYLVANIA (05/03/89)

decided: May 3, 1989.

LOIS ARCURIO AND MELODY GLOGOWSKI, T/D/B/A FAMILY HOUSE PERSONAL CARE BOARDING HOME, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare, in the case of Appeal Of: Family House Personal Care Home, No. 34-87-037.

COUNSEL

Charles F. Perego, McMonigle, Vesely, Mauro and Perego, P.C., for petitioners.

Jeffrey P. Schmoyer, Assistant Counsel, for respondent.

Judges Doyle and Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 125 Pa. Commw. Page 558]

Family House Personal Care Boarding Home (Family House) appeals a final determination of the Director of Hearings and Appeals of the Department of Public Welfare (Department) denying Family House's personal care boarding home (PCH) license based upon violations of Section 1026(b)(1)*fn1 and (2)*fn2 of the Public Welfare Code (Code).

Family House is owned and operated by Lois Arcurio and Melody Glogowski, and is located at 25 Sycamore Street, Natrona, Pennsylvania. Between October 3, 1986, and April 3, 1987, Family House operated pursuant to a fourth and final provisional license issued by the Department.*fn3 Family House was notified by letter dated February 23, 1987, that an inspector with the PCH Division of the Department would conduct an on-site inspection of the facility on March 4, 1987.

During the course of the inspection, the PCH inspector (Barbara Donnelly) was given a PCH pre-license survey information form which had been prepared the morning of March 4, 1987, by Arcurio with Glogowski's

[ 125 Pa. Commw. Page 559]

    assistance. This form indicated that there were eleven residents currently at Family House, three of whom were male. The form also contained an alphabetized list of the current residents. This list did not, however, include Lawrence S. who had been admitted to Family House on February 27, 1987, and was a resident of the home on March 4, 1987.

Although Inspector Donnelly was given a stack of resident records to review during her inspection, no records relating to Lawrence S. were contained therein, nor was she shown any papers relating to Lawrence S. at any point during the inspection. In fact, at no time during the inspection did anyone from Family House advise Inspector Donnelly that Lawrence S. was a resident of the home. Lawrence S. was not present at Family House on March 4, 1987, because he was picked up early that morning by his daughter and returned at approximately 7:00 p.m. or 8:00 p.m., that evening.

Following an anonymous complaint, the Department conducted an unannounced inspection of Family House on March 20, 1987. During the course of this inspection, Inspector Donnelly discovered the presence of Lawrence S. and became aware that he had been a resident of Family House since February 27, 1987. Inspector Donnelly met Lawrence S. during the reinspection and asked him to show her the door. Inspector Donnelly considered his response inappropriate for the question and, thus, formed the opinion that Lawrence S. was not independently mobile and, therefore, not a proper resident of a PCH.

Prior to Lawrence S.'s admission to Family House, he was diagnosed as an Alzheimer's patient and experienced periods of time when he became somewhat disoriented. Upon his admittance, Family House received a discharge instruction form from Torrence State ...


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