Texas rehab facility sues to overturn coronavirus order banning patient discharges

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A new lawsuit accuses a Texas county of issuing a coronavirus quarantine order that bans a Houston-area rehabilitation facility from discharging patients who have completed treatment.

Harris County was sued Wednesday by Encompass Health Rehabilitation Hospital of Humble, which is challenging two county quarantine orders issued this month. The facility is asking that the orders be overturned.

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The lawsuit claims the orders already forced Encompass to delay releasing patients who were ready to leave.

Encompass Health Rehabilitation Hospital of Humble, near Houston, Texas. (Google Earth)

“This has caused immense confusion and anger among those patients and their families and caused the hospital reputational harm,” the lawsuit says.

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The lawsuit says that in stark comparison to acute care hospitals in the area, Encompass has a single patient who is awaiting COVID-19 test results and has only had three patients who transferred from Encompass and subsequently tested positive for COVID-19.

“The county, however, has banned Encompass Hospital from admitting or discharging any patients until further notice, citing COVID-19 concerns,” the lawsuit says.

The lawsuit was first reported by Courthouse News Service, which said the orders from the county classified Encompass as a long-term care or nursing facility, which the hospital disputes.

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The legal news outlet reported that Encompass’ attorney, Kenneth Broughton, declined comment on the lawsuit prior to a Wednesday hearing.

Elizabeth Perez, a spokeswoman for the Harris County Public Health Authority, told Courthouse News that moving patients — even asymptomatic ones — could put future patients at risk.

“If you’re moving someone, and just because they may have a pending result, that’s a problem,” she said.

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She was also quoted as saying, “We just want to make sure that people are safe.”

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