Background

• Bermudez sued Kessler Institute for Rehabilitation, alleging Nursing Home Act and federal regulation violations from Bermudez’s West Facility stay in 2010.
• West Facility is a comprehensive rehabilitation hospital, not a traditional nursing home, per licensing and program descriptions.
• Kessler moved for summary judgment arguing the West Facility is not a nursing home under N.J.S.A. 30:13-2(c) and hence not subject to the Nursing Home Act treble-damages/fee provisions.
• The Law Division denied summary judgment, ruling Kessler was a nursing home under the Act, and denied reconsideration.
• The appellate court granted leave to appeal and ultimately reversed, holding the West Facility is not a nursing home as defined by the statute.
• The case is remanded for entry of summary judgment on all Nursing Home Act premised claims and related proceedings.

Issues

Key Cases Cited

• In re Conroy, 98 N.J. 321 (N.J. 1985) (context on nursing home distinctions and care decisions)
• Rowe v. Mazel Thirty, LLC, 209 N.J. 35 (N.J. 2012) (standard for reviewing summary judgment matters)
• Estate of Hanges v. Metro. Prop. & Cas. Ins. Co., 202 N.J. 369 (N.J. 2010) (plenary de novo review of legal conclusions in summary judgment)
• Perrelli v. Pastorelle, 206 N.J. 193 (N.J. 2011) (statutory interpretation emphasizing legislative intent and broad objectives)
• Zuidema v. Pedicano, 373 N.J. Super. 135 (App. Div. 2004) (administrative regulations as evidence of standard of care)
• TAC Assocs. v. N.J. Dep't of Envtl. Prot., 202 N.J. 533 (N.J. 2010) (deference to agency interpretations in statutory construction)