March 23, 2001

 

Jim Dostal, Ombudsman Advocacy Center for Long-Term Care 2626 East 82nd Street Bloomington, MN 55425-1381	Julie Liebo Administrator Trevilla of Golden Valley 7505 Country Club Drive Golden Valley, MN 55427

          RE:     In the Matter of the Involuntary Discharge/Transfer of C.B.,

                    Petitioner by Trevilla of Golden Valley, Respondent; OAH

Docket No. 7-0900-14174-2

                                                                                 VIA FAX AND U.S. MAIL

Dear Mr. Dostal and Ms. Liebo:

 

          On March 21, 2001, I presided at an evidentiary hearing in this matter at  Trevilla of Golden Valley.  After the lunch break, the parties announced that they had reached an agreement, by which C.B. will remain at Trevilla of Golden Valley for approximately two months while a Discharge Plan is implemented.

 

          It was agreed that the parties would work together to prepare a written Discharge Plan for C.B.  In general, the Plan would provide that the resident would agree to be evaluated by outside experts to determine whether or not a Dialectical Behavioral Therapy (DBT) program is appropriate for her.  If it is determined that DBT is appropriate for C.B., C.B. agrees to enter and participate in such a program.  In addition, C.B. agrees to continue her participation and attempt to continue her progress in physical therapy programs at Trevilla of Golden Valley.

 

          It is my understanding that the Discharge Plan will provide also that Shelly Buttke and Adrian Racine of Trevilla will work with the Hennepin County Case Manager, Barbara Harrison and C.B. (and her Ombudsman, Jim Dostal) to find a placement in the community outside of Trevilla of Golden Valley within that two month period.

 

          A deadline of Friday, March 30, 2001 was set for the filing with me of the Discharge Plan, which will be prepared by the parties.  They may file by FAX (612/349-2665) or by mail postmarked on or before March 30.  The deadline for starting the FAX communication is 4:30 p.m. on Friday, March 30, 2001.  If you file by FAX, please mail a hard copy to me at the same time.  If the agreed-to Plan is prepared but not everyone has signed it before the deadline, please send me what you have and file the signed document when the process is completed.

 

Page Two

March 23, 2001

OAH Docket No. 7-0900-14174-2

 

          The hearing in this matter is CONTINUED until 10:00 a.m. on Thursday, May 24, 2001, if necessary.  The hearing will reconvene on that date if the

agreement spelled out in the Discharge Plan is not working out and the parties agree that it is appropriate to resolve this matter by way of the hearing process.

 

          Please keep me informed of your progress, particularly as to whether or not the hearing on May 24 will be necessary.  Congratulations on working out your agreement, and good luck in drafting of the Discharge Plan and in successful implementation of it.

 

 

Very truly yours,

 

                                                                 /s/ Richard C. Luis

 

RICHARD C. LUIS

Administrative Law Judge

 

Telephone: 612/349-2542

RCL:aws

 

 

 

cc:      Linda G. Sutherland

          MDH Facility & Provider Compliance Division