Appeals Court Declares Nursing Home Residents’ Right to Sue State for “Meaningless” Eviction Appeals
On July 18, 2019, The Ninth Circuit Court of Appeals sided with the California Advocates for Nursing Home Reform (CANHR) and three nursing home residents who sued California for ignoring their own administrative orders. The residents’ nursing homes dumped them in hospitals and then illegally refused readmission. Each of the residents successfully appealed the eviction and received a State order for readmission, but the residents were not readmitted. The nursing homes ignored the order, and the State did not enforce it. The Ninth Circuit found that California cannot provide “meaningless show trials that allow nursing homes to persist in improper” evictions. The Federal Nursing Home Reform Act requires states to provide a fair system for eviction appeals that necessarily includes resolution for residents.
For California’s nursing home residents, the decision means California will be held accountable for abandoning residents who won their eviction appeal but are not readmitted. For residents nationwide, the decision gives a clear right to sue their state regarding the fairness of its eviction appeal system.
Information provided by CANHR.
For a complete list of upcoming seminars, visit our website at www.davidwingate.com.
Peace of mind is only a call or click away! For an Initial Consultation call Estate and Elder Planning by David Wingate at (301) 663-9230 or visit www.davidwingate.com
David Wingate is an estate planning and elder law attorney at Estate and Elder Planning by David Wingate. The Estate and Elder Planning office services clients with powers of attorneys, living wills, Wills, Trusts, Medicaid and asset protection. The Elder Law office has locations in Frederick, Washington and Montgomery Counties, Maryland.
Notice: this Blog is published as a free service of the Estate and Elder Planning by David Wingate. The information is for general informational purposes only and does not constitute legal advice. For specific questions, please consult with one of our experienced attorneys. We encourage you to share this newsletter with anyone you think may be interested.