Colorado health inspectors won a long-sought victory
Tuesday when a judge ruled that the state ombudsman has the right to inspect
Meridian nursing homes and similar private-pay personal care boarding homes.
"This is a huge resolution of a dispute that has been going on for a
long time," Deputy Attorney General Ken Lane said.
The ruling by administrative law Judge Matthew E. Norwood grew out of an
incident in which Westland Meridian Personal Care Boarding Home kicked out two
inspectors from the state ombudsman's office before their inspection was done.
Meridian, which has facilities in Arvada, Boulder, Englewood and Lakewood,
argued that because Westland only accepts residents who can pay privately -- as
opposed to those who accept federal and state funding -- the state has no
authority.
Its lawyers argued that the state makes visits to Meridian to harass it and
that its purported authority wrongly preempts federal law.
Norwood ruled that the federal Older Americans Act does not expressly
supersede state laws.
In fact, it requires the states to ensure that any facility that interferes
with the state ombudsman's duties is breaking the law.
Norwood said Westland Meridian fits the definition of a licensed personal
care boarding home and so the state has jurisdiction.
Meridian officials and attorneys did not return telephone calls seeking
comment.
Last year, Meridian owners Trish and Ralph Nagel said they don't oppose
regulation, but want to weed out burdensome legislation that detracts from
quality care.
Meridian ,with about 1,200 residents, "has been a significant
player" in retirement homes in Colorado and has been "aggressive in
denying the authority of the state statute," Lane said.
The state ombudsman's office was established so inspectors can go into
facilities and evaluate the quality of residents' care, Lane said.
"It's designed to ferret out and listen to complaints and to bring them
to the attention of regulatory authorities."
