Pennsylvania Department of Human Services officials say the license revocation appeal filed by the operator of the American House personal care home at 25 S. 9th St. in downtown Lebanon is still in its early stages, and a hearing date has yet to be scheduled.

The facility is operated by Hotel Lebanon Corp., doing business as American House Personal Care.

Luis Hernandez, American House owner and administrator, was notified of the proposed license revocation on Aug. 2 via a certified letter outlining 10 violations of state regulations found at a May 14 and 15 inspection of the facility. The facility has appealed, and is entitled to challenge the revocation at a departmental hearing.

DHS communications director Ali Fogarty told LebTown last week that “the appeal is still in the pre-hearing process, where staff from the Bureau of Hearings and Appeals review the details of the appeal to determine whether a pre-hearing conference is needed prior to scheduling the matter for a formal hearing on the merits.”

Fogarty added that American House will remain open in the meantime.

“While in this pre-hearing process, American House is permitted to continue operating subject to monitoring by DHS’s Bureau of Human Services Licensing,” said Fogarty.

Hernandez also owns a second Lebanon business, WiCare Home Care Agency. Hernandez told LebTown in August that it has no connection to American House.

WiCare has itself run afoul of regulatory authorities. The U.S. Department of Labor has sued WiCare and Hernandez, alleging that they failed to pay 193 in-home caregivers overtime and minimum wages, as required by federal law.

On July 31, U.S. District Court Judge Yvette Kane agreed with the DOL, ruling against WiCare and Hernandez by entering a summary judgement, without trial. WiCare and Hernandez did not appeal the summary judgement, and have been ordered to pay $1,059,540 in back wages and penalties.

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Chris Coyle writes primarily on government, the courts, and business. He retired as an attorney at the end of 2018, after concentrating for nearly four decades on civil and criminal litigation and trials. A career highlight was successfully defending a retired Pennsylvania state trooper who was accused,...

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