The state Department of Public Welfare has taken legal action to force the closing of Pinelawn Home and Sanitarium in Houston for its operating without a license and other violations.
The DPW filed for an injunction against the personal care home, located on Grant Street, and its owner, Shirley Miller, in Washington County Court. The department claims that the home has been operating illegally without a license.
According to the lawsuit, Pinelawn Home is a 42-bed personal care home. As of Dec. 18, it had 24 residents.
The most recent license held by Pinelawn was issued provisionally by the DPW for six months from Jan. 4 to July 4.
During that time, the department conducted inspection and complaint investigations at the home on April 28, May 10, May 12 and May 19, which resulted in citations for violation of multiple personal care regulations.
A notice of license non-renewal was issued on July 23 based on investigation findings that included "numerous, serious and repeated regulatory violations."
According to the lawsuit, Pinelawn appealed the action with the department's Bureau of Hearings and Appeals. A hearing was held Oct. 6, and further proceedings were scheduled.
Pinelawn was permitted to continue operating pending the BHA's decision.
On Dec. 2, Miller presented a notice to the DPW that Pinelawn would close and cease operation as a personal care home no later that Dec. 31. The following day, Pinelawn filed notice of withdrawal of its appeal with BHA.
On Dec. 9, the department's licensing representatives began the process of assisting with relocation of home residents but were informed by Pinelawn administrators that it intended to keep all 24 residents as independent, nonpersonal care residents.
The lawsuit claims that the licensing representatives assessed each of those residents and determined that 22 required personal care services.
On Dec. 18, Pinelawn was notified that it must immediately cease to operate the home.
DPW representatives then offered to assist in relocating residents willing to leave that day. Eight residents chose to relocate voluntarily, leaving 16 residents at the home.
On Wednesday, the DPW filed for an injunction with the Washington County Prothonotary's Office, claiming "an injunction is necessary to prevent immediate and irreparable harm to current and potential future residents."
County President Judge Debbie O'Dell Seneca set a hearing for 9:30 a.m. Jan. 9 before Judge Katherine B. Emery to determine whether an injunction should be granted.
Faye Reese, home administrator, said Friday she was aware of the DPW's action but had not known a hearing had been set in court.
She said there are plans to cease operating as a personal care home, but as a boarding home instead. Reese said Pinelawn has been in existence since 1970 and had no previous problems meeting DPW conditions.
Reese also said 16 residents remain at Pinelawn, but she explained that several are those who did not like the nursing homes where the DPW had attempted to relocate them.