Legal Opinion

In Re the Involuntary Discharge or Transfer of J.S. Ex Rel. Hall

Court of Appeals of Minnesota

Decided March 1, 1994No. C6-93-1718PublishedCited by 2 opinions

1Opinion of the Court

OPINION

AMUNDSON, Judge.

A nursing care facility challenges the Commissioner of Health’s decision that it cannot involuntarily transfer or discharge a resident. We affirm.

FACTS

Respondent J.S. is a 74-year-old woman with a history of mental illness dating back to the 1940s. She has been diagnosed with chronic schizophrenia, paranoid type. 1 J.S.’s immediate family is limited to two elderly brothers who are unwilling or unable to participate in her care.

Relator Ebenezer Hall (Ebenezer) is a nursing facility licensed by the state and certified for participation in the Medicaid program, and is…

2Cases cited2 opinions

  1. Reserve Mining Co. v. HerbstSupreme Court of Minnesota · 1977
  2. Markwardt v. State, Water Resources BoardSupreme Court of Minnesota · 1977

3Cited by2 opinions

  1. Bryant v. Indiana State Department of HealthIndiana Court of Appeals · 1998
  2. Edgewater At Waterman Village v. YoungrenDistrict Court of Appeal of Florida · 2002

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