Home ALJ Decision in UHS of Denver, Inc., dba Highlands Behavioral Health Systems, 19-0550, Becomes a Final Order of the Commission.

ALJ Decision in UHS of Denver, Inc., dba Highlands Behavioral Health Systems, 19-0550, Becomes a Final Order of the Commission.

ALJ Decision in UHS of Denver, Inc., dba Highlands Behavioral Health Systems, 19-0550, Becomes a Final Order of the Commission.

The Commission has remanded the above-captioned case for the Court to determine a discrete issue: Whether the Secretary, based on record established at the trial held on June 7, 2021 to July 8, 2021,1 proved her proposed abatement methods were economically feasible.2 At the outset, it is important to note the existing record lacks any evidence as to what Complainant’s proposed abatement measures would cost. Likewise, there is no evidence of Respondent’s ability to pay for them. Nevertheless, Complainant contends there are alternative bases upon which economic feasibility can be determined within the existing record. Thus, the Court must determine whether the law permits a finding of economic feasibility on some basis other than cost and ability to pay. If so, the Court must also determine whether the evidence presented by Complainant is sufficient to establish economic feasibility under one of the alternative bases.