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Docket: Long-term Care Services and Supports

Case Name: Association for Community Affiliated Plans (ACAP) v. U.S. Dep't of Treasury

Court: U.S. Ct. App. D.C. Cir. Docket: 19-5212

Decided: 7/17/2020

Read AARP's Amicus Brief (PDF)  and Opinion (PDF)

Case Result: The Court of Appeals for the District of Columbia, by a 2-1 vote, held that the Departments’ rule defining short-term, limited-duration insurance (STLDI) does not violate the Administrative Procedure Act. 

Case Name: ACAP v. U.S. Dep't of Treasury

Court: U.S. Dist. Ct. D.C.  Docket: 18-2133 (RJL)

Read AARP's Amicus Brief (PDF) and Press Release 

Case Result: The court held that the defendant agencies did not exceed the authority granted them by Congress in issuing the 2018 STLDI rule, and that defining STLDI as no longer than 365 days, and automatically renewable for 36 months is permissible under the law, and not inconsistent with the ACA.

Case Name: Bennett v. St. John's Home

Court: N.Y. Supreme Court   Docket: 9516/10

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Appellate court affirmed a lower court's holding that the defendant nursing home established that they provided appropriate care and treatment and did not violate the state and federal laws identified by the plaintiff.

Case Name: Brown v. Azar

Court: U.S. Dist. Ct. CD Cal. Docket: 21-00511

Filed: 1/19/2021

Read Complaint (PDF), Press Release

Case Issue: Did the Center for Medicaid and Medicare Services err when it approved provider rate cuts and bureaucratic hurdles to California’s Medicaid Plan?

Case Name: Brown v. District of Columbia 

Court: U.S. Ct. App. D.C. Cir.    Docket: 17-7152

Read  Announcement, Opening Brief (PDF),  Appellant's Reply Brief (PDF) and Opinion (PDF)

Case Issue: Was the court’s finding that Plaintiffs failed to establish “systemic deficiencies” in the manner in which the District of Columbia enrolls nursing home residents into home and community-based services against the weight of the evidence?

Did the court commit legal error by holding that it cannot craft class–wide injunctive relief if class members who have suffered discrimination cannot all benefit from the relief provided due to individualized circumstances (e.g., some have homes to which to return and others do not)?

Result:The Court of Appeals for the D.C. Circuit reversed the trial court and remanded this Olmstead case. Now a class of approximately 1000 nursing facility residents wanting to live in their own homes with the same kind of medical services and supports as they receive in nursing facilities need D.C. to provide assistance.

Case Name: Brown v. District of Columbia (formerly known as Thorpe v. District of Columbia)

Court: U.S. Dist. Ct. D.C.    Docket: 1:10-cv-02250-ESH

Read Opinion (PDF)

Case Result: Court ruled that the Plaintiffs did not prove systemic deficiencies that could be resolved with class-wide injunctive relief. 

Case Name: California v. Texas (formerly, Texas v. United States)

Court: U.S. Supreme Court   Docket: 19-840 & 19-1019

Filed: 5/13/2020

Read Amicus Brief (PDF)  and Press Release

Case Issue: Is the Affordable Care Act's minimum coverage provision unconstitutional now that Congress dropped the penalty for not securing ACA-compliant coverage to zero? If that provision is unconstitutional, is that provision severable from the rest of the ACA or does it render the entire ACA invalid?

Case Name: California Advocates for Nursing Home Reform (CANHRv. Smith

Court: Ct. App. State of Cal., First Appellate Div. Docket: A147987

Read AARP's Amicus Brief (PDF) and Decision (PDF)

Case Result: Court upheld California statute that permits nursing facilities to administer antipsychotic drugs to people who lack capacity, based only on what treatment team deems is appropriate. 

Case Name:  Cochran v. Gresham; Arkansas v. Gresham

Court: U.S. Supreme Court Docket: 20-37; 20-38

Filed: 2/25/2021

Read AARP Amicus Brief (PDF) 

Case Issue: Was the Secretary of the U.S. Department of Health and Human Service’s approval of Medicaid demonstration projects in Arkansas and New Hampshire, that condition health insurance coverage on satisfying work requirements, arbitrary and capricious in violation of the Administrative Procedure Act?

Case Name: Cochrum v. Costa Victoria Healthcare

Court: Cal. Supreme Court  Docket: S251140

Read AARP's Amicus Brief (PDF)

Case Result: The Court, without issuing an opinion, denied Plaintiff-Appellant’s petition for review and request for depublication of the Court of Appeals decision.

Case Name: Darling v. Douglas

Court: U.S. Dist. Ct. ND Cal.  Docket: #c 09-03798

Read Injunction 1 Summary, Injunction 2 Summary, Settlement Summary

Case Result: California successfully implemented the settlement agreement by providing needed community-based services thereby preventing the unnecessary institutionalization of tens of thousands of Medicaid recipients.

Case Name: GGNSC Louisville Hillcrest v. Bramer

Court: U.S. Ct. App. 6th Cir.  Docket: 18-6059

Read AARP's Amicus Brief (PDF)  and Decision (PDF)

Case Result: The sixth circuit affirmed the lower court's decision. It held that a nursing facility could not use an arbitration agreement from a prior admission to compel arbitration against a resident who declined to sign a new arbitration agreement for a subsequent admission. 

Case Name: Goodwin v. Fla. Dep't of Children and Families

Court: U.S. Supreme Court    Docket: 16-1083

Read AARP's Amicus Brief (PDF)

Case Result: Supreme Court denied cert.

Case Name: Graff v. Heritage Manor of Slidell

Court: U.S. Dist. Ct. ED La.    Docket: 17-cv-06812

Read Article and Press Release

Case Result Comment: The parties jointly dismissed the case because the client died; however,  the lawsuit as initiated by AARP Foundation was instrumental in the enactment of the legislation on the placement of video cameras in nursing facility residents' rooms. 

Case Name: Keller v. Life Care Centers of America

Court: Cir Ct. for Green County, Tenn.    Docket: 14-cv-500

Read Complaint (PDF)

Case Result: The matter was settled to the client's satisfaction. 

Case Name: Levine v. Ventura Convalescent Hospital

Court: Superior Court of Ventura, CA    Docket: 56-2011-00406713

Read Summary and Press Release

Case Result: Case settled in 2014 with court ordered injunction, fees and costs awarded and court monitoring for three years--monitoring now complete. 

Case Name:  Maryland (State of) v. Neiswanger Management Servs. 

Court: Ct. App. Maryland  Docket:  No. 28, Sept. 2017 Term

Read AARP's Amicus Brief (PDF) and Opinion (PDF)

Case Result: The State of Maryland alleged that a chain of nursing facilities (“NMS”) engaged in a widespread pattern of unlawful involuntary discharges of residents, in violation of the Maryland Patient’s Bill of Rights.  The Maryland Attorney General sought to enjoin NMS from unlawfully discharging residents by requiring them to comply with the state and federal notice and discharge requirements and the requirement that they help residents apply for federal financial aid to pay for their care and stay.  The trial level court dismissed the complaint, holding that the Injunction and Enforcement Clauses of the Maryland Patient’s Bill of Rights authorized injunctive relief only for an individual resident named in the lawsuit, and did not grant the authority to ban company practices that affect a class of residents who had not yet been unlawfully evicted.  Maryland’s highest court reversed.

The Court held that the Patient’s Bill of Rights authorizes “the Attorney General to seek injunctive relief on behalf of multiple unnamed residents who have been, or await, imminent unlawful involuntary discharges, provided the statutory standard has been met.”  State v. Neiswanger Mgmt. Servs., LLC, 2018 Md. LEXIS 98, at *43 (citations omitted).  The Court also held that the Attorney General may seek injunctive relief “to enforce a facility’s obligation to ‘cooperate with and assist’ a resident or [resident’s] agent in seeking assistance from the medical assistance program…” to pay for the nursing facility stay.  Id. at *44.

Case Name: National Consumer Voice  v. U.S. Dep't Health and Human Services 

Court: U.S. Dist. Ct. D.C. Docket: 21-162

Filed: 1/18/2021

Read Complaint (PDF), Press ReleaseArticle

Case Issue: Can CMS and HHS change the structure of enforcement by imposing only per instance fines instead of per day fines for nursing facilities who violate the Nursing Home Reform Act but correct that noncompliance prior to state survey agencies reviewing their compliance? 

Case Name: Pierce v. Genesis Healthcare

Court: Superior Ct. of Delaware    Docket: S16C-09-002

Read  Complaint (PDF)

Case Result: The case was settled.

Case Name: Posey v. Northport Health Services of Arkansas

Court: U.S. Ct. App. 8th Cir.  Docket: 18-2459

Read Amicus Brief (PDF) and Decision (PDF)

Case Result: The eighth circuit reversed the lower court's decision. It held that no valid arbitration agreement exists when the person who signed the agreement lacked the legal authority to waive the resident's right to a jury trial. 

Case Name: Single v. Catholic Pioneer Church Homes

Court: Superior Ct., State of Cal., County of Sacramento    Docket: 2017-00220058

Read Complaint (PDF) and Press Release

Case Issue: Can a nursing facility refuse to readmit a resident who has exercised her administrative due process rights and won the right to readmission?

Case Name: Stephanie P. v. Shibinette

Court: U.S. Dist. Ct. New Hampshire Docket: 21-00025

Filed: 1/11/2021

Read Complaint (PDF), Press Release

Case Issue: Does the failure of the New Hampshire Department of Health and Human Services to provide personal care and other services to people with disabilities under the state’s Choices for Independence Waiver program, that puts them at risk of needing to be institutionalized, violate the Americans with Disabilities Act or other federal law?

Case Name: Strausberg v. Laurel Healthcare Providers

Court: NM Supreme Court    Docket: 33,331

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court found that state of N.M. cannot shift the burden of showing a contract to arbitrate disputes is fair, onto a nursing facility.

Case Name: Guillermo Tabraue, Esq. (Estate of Suyima Torres) v. Doctors Hospital

Court: Supreme Court of Florida Docket: SC19-685

Filed: 11/4/2019

Read AARP's Amicus Brief (PDF)  

Case Issue: Can hospitals be held legally accountable for negligent care by emergency department physicians who are contractors and not employees? 

Case Name: Talevski v. Health and Hosp. Corp.

Court: U.S. Ct. App. 7th Cir. Docket: 20-1664

Read AARP Brief (PDF)

Filed: 8/7/2020

Case Issue: Can a resident in a government-owned nursing facility bring a private right of action under Section 1983 to challenge a violation of their rights under the Federal Nursing Home Reform Act?the Affordable Care Act unconstitutional and remanding the case back to the district court?

Case Name: Texas v. U.S.

Court: U.S. Supreme Court Docket: 19-840, 19-841

Read AARP's Amicus Brief (PDF)  

Case Issue: Should the Supreme Court agree to review an appeal of a Fifth Circuit decision finding the individual mandate of the Affordable Care Act unconstitutional and remanding the case back to the district court?

Case Name: Texas v. United States

Court: U.S. Ct. App. 5th Cir.   Docket: 19-10011

Read Amicus Brief (PDF)  Decision (PDF), Listen to Podcast

Case Result: The Fifth Circuit partially affirmed the district court’s decision and found that the individual mandate of the Affordable Care Act (ACA) is unconstitutional. It then remanded the case back to the district court to consider whether the rest of the ACA can remain intact.

Case Name: Texas v. United States

Court: U.S. Dist. Ct. ND Tex.   Docket: 18-00167

Read AARP Amicus Brief (PDF)

Case Result: The federal district court granted partial summary judgment for the plaintiffs, declaring that the individual mandate provision was unconstitutional, and that the remaining provisions of the ACA are inseverable and therefore invalid. The court stayed the decision pending appeal. The case is now before the U.S. Court of Appeals for the Fifth Circuit.

Case Name: Thorpe v. District of Columbia

Court: U.S. Ct. App. D.C. Cir.    Docket: 14-8001

Read Summary and Decision from Ct. App. D.C. Cir.

Case Result: The U.S. Court of Appeals for the D.C. Circuit denied the government's petition for an interlocutory appeal, allowing the class action lawsuit against the District of Columbia on behalf of its nursing home Medicare beneficiaries to go forward.

Case Name: Thryv v. Click-to-Call

Court: U.S. Supreme Ct.  Docket: 18-916

Decided: 4/20/2020

Read AARP's Amicus Brief (PDF) and Decision (PDF)

Case Issue: Is the decision by the Patent Trial & Appeal Board to review a patent through the inter partes review process final and nonappealable?

Case Result: The Federal Circuit’s decision was vacated.

Case Name: U.S. ex rel Ruckh v. CMC II, LLC

Court: U.S. Ct. App. 11th Cir.  Docket: 18-10500D

Decided: 6/25/2020

Read AARP's Amicus Brief (PDF) and Opinion (PDF)

Case Result: The Eleventh Circuit reversed the district court’s decision in part and remanded the case to reinstate the jury’s $85 million verdict. It found that billing discrepancies and upcoding were material to the government’s decision to pay Medicare claims and sufficient to prove Medicare fraud. The Court also affirmed the part of the district court’s decision that denied the Medicaid claims.

Case Name: Wert v. Manorcare of Carlisle Pa.

Court: Pennsylvania Supreme Court, Middle District   Docket: No. 62 MAP 2014

Read AARP's Amicus Brief (PDF)

Case Result: The Pennsylvania Supreme Court affirmed that an arbitration agreement is invalid when an integral provision - here, the use of the National Arbitration Forum as the arbitral forum - cannot be executed.

Case Name: Whitman Walker Clinic v. U.S. Dep't of Health and Human Services

Court: U.S. Dist Ct. D.C. Docket: 20-1630

Decided: 9/2/2020

Read AARP's Amicus Brief (PDF), Press ReleaseOpinion (PDF), Article

Case Result: The district court for the District of Columbia enjoined HHS from implementing the provisions of the rule that would have eliminated discrimination based on sex stereotypes from the definition of discrimination on the basis of sex, and incorporated Title IX’s exemption of certain religious organizations from Section 1557. 

Case Name: Wicks  v. Antelope Valley Healthcare District

Court: Supreme Court of Cal. Docket: S262977

Read AARP Brief (PDF)

Decided: 9/14/2020

Case Result: The California Supreme Court declined to review the issue of whether or not a boilerplate emergency room form provides meaningful notice to patients that the hospital will not be liable for its emergency room physicians’ negligence. 

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