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No criminal charges filed against Kingsport nursing home

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No criminal charges will be filed against a Kingsport nursing home, facing several state violations.

Sullivan County District Atttorney Barry Staubus said there's not enough evidence of any criminal activity at Brookhaven Manor to move forward.

But the nursing home still has to answer to the violations filed by the Tennessee Department of Health. The violations are related to sub-standard care, including physician and nursing services, and infection control.

Late last year, the Tennessee Health Commissioner suspended admissions to the 180-bed nursing home, and slapped the facility with a $5,000 civil penalty.

Staubus said his office was not notified of the possible problems, until after the health department already finished its investigation.

"Reviewing the state report, the information we received, that's my conclusion," Staubus said on his decision not to file criminal charges. "In the future, I think we'll have a good relationship with all of the agencies, and I think that we'll partner together to make sure we're all on the same page."

Staubus said even though the criminal case is closed, the state still has the power to take other disciplinary action, in addition to the fine.

News 5 obtained the 200-page report sent back to the state by Brookhaven Manor at the end of January. In it, the administrator lays out a 'plan of correction' and responds to each violation.

State health officials confirmed the suspension is still in effect. That means it still cannot accept new patients.

News 5 called Brookhaven Manor for a comment, but an employee said the administrator was not in on Monday.

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