DOLAN MEMORY CARE HOMES v. MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES DIVISION OF REGULATION AND LICENSURE SECTION FOR LONG TERM CARE (2020)

Missouri Court of Appeals, Western District.

DOLAN MEMORY CARE HOMES, Respondent, v. MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES, DIVISION OF REGULATION AND LICENSURE, SECTION FOR LONG TERM CARE, Appellant.

WD 83149

Decided: September 01, 2020

Before Division One: Thomas H. Newton, P.J., Mark D. Pfeiffer, and Edward R. Ardini, Jr., JJ.

James Klahr, Jefferson City, MO, Counsel for Appellant. Carolyn Kopsky, St. Louis, MO, Counsel for Respondent. Richard Watters, St. Louis, MO, Co-Counsel for Respondent. Richard Hill, St. Louis, MO, Co-Counsel for Respondent.

ORDER

The Missouri Department of Health and Senior Services (DHSS) appeals the Cole County Circuit Court judgment setting aside the Class I deficiency and notice of noncompliance issued to Dolan Memory Care Homes (Dolan). DHSS contends the trial court erred (1) when it concluded that Dolan did not violate section 198.006(20) and (2) that DHSS did not have authority to issue Dolan a notice of noncompliance; and (3) in excluding certain evidence as inadmissible hearsay; and (4) in admitting other allegedly inadmissible evidence. For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(b).

Per Curiam:

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