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Montoya v. Trinidad State Nursing Home2/10/2005
risk analysis, claims review, and litigation services by private contract to a public hospital does not constitute the operation of a public hospital for purposes of the GIA).
Therefore, based on the foregoing and consistent with the analysis in Plummer, we conclude that a nursing home does not constitute a hospital for purposes of the GIA. Accordingly, we conclude that the trial court erred in determining that Trinidad's immunity had been waived under the GIA.
The order is reversed, and the case is remanded to the trial court to dismiss Montoya's claims against Trinidad.
JUDGE ROTHENBERG and JUDGE RUSSEL concur.
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