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Montoya v. Trinidad State Nursing Home2/10/2005
he common meaning of the term "clinic," which is "an institution connected with a hospital or medical school where diagnosis and treatment are available to outpatients," with the common meaning of the term "hospital," which is "an institution or place where sick or injured persons are given medical or surgical care." Plummer v. Little, supra, 987 P.2d at 874 (quoting Webster's Third New International Dictionary 423, 1093 (1986)). The division then examined how the General Assembly used the term "hospital" in other statutes involving health care facilities. The division noted that when the General Assembly intended a statute to apply to facilities other than hospitals, it enumerated those facilities in the statute or used a categorical definition. Therefore, the division concluded that in the absence of an express legislative intent, it would not expand the waiver provision to include facilities other than those providing specific hospital services, generally inpatient care.
We note that in reaching its conclusion, the division in Plummer applied a prior standard for interpreting waiver provisions, which required that waiver provisions be narrowly interpreted, see City & County of Denver v. Gallegos, 916 P.2d 509, 511 (Colo. 1996), rather than the current standard, which requires that waiver provisions be interpreted deferentially in favor of injured parties. See Corsentino v. Cordova, 4 P.3d 1082 (Colo. 2000). Nevertheless, the decision in Plummer is based on an analysis of legislative intent. Thus, we conclude that its interpretation of the meaning of "public hospital" would still be valid under the Corsentino standard.
Trinidad argues that the General Assembly did not intend that the provision waiving immunity for public hospitals in the GIA include nursing homes. In particular, it asserts that when the General Assembly used the term "hospital" in health care legislation, it intended to include only hospitals and not other types of health care facilities. Trinidad also asserts that the regulations setting forth the health care licensing requirements define a hospital differently from a nursing home, that these regulations impose different obligations on hospitals and nursing homes, and that there are specific differences between the types of treatments and services provided by a hospital and a nursing home. We agree with Trinidad.
Here, an affidavit provided by the administrator of the nursing home stated that the nursing home provides long-term skilled nursing care to elderly residents. Such care involves providing room, board, support services, and nursing care. No physician is a member of the staff. However, the staff provides care that is required and ordered by the resident's private care physician. This care includes recuperative care from surgery, heart attack, illness, and fractures. Additionally, the staff administers medication and intravenous fluids, performs catheterizations, changes dressings, applies ointments, and monitors vital signs. However, the staff does not provide acute care, including surgery, blood transfusions, x-rays, cardiac monitoring, or respiratory therapy. If a patient requires such services, the patient is transported to the appropriate hospital to receive the needed care. The nursing home is not licensed as a hospital, and no surgical services or other services are offered that are commonly associated with a licensed hospital.
Pursuant to § 26-12-201, C.R.S. 2004, the General Assembly authorized the creation of the Trinidad State Nursing Home and provided that the management, control, and supervision of Trinidad and other state nursing homes are subject to legislative oversight. See § 26-12-101, et seq., C.R.S. 2004. In particular, t
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