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Docket: Long-term Care Services and Supports

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

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

Read AARP Brief (PDF) and Decision (PDF)

Decided: 7/27/2021

Case Result: The Seventh Circuit ruled that the federal Nursing Home Reform Act creates a private right of action under Section 1983 of the Civil Rights Act to enforce a violation of resident’s right to be free of chemical restraints and illegal discharges.

Case Name: Brown v. Becerra

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

Filed: 1/19/2021 Motion for Summary Judgement: 7/20/2021

Read Complaint (PDF), Press ReleaseMotion for Summary Judgement (PDF)

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

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

Decided: 6/17/2021

Read Amicus Brief (PDF), Press Release for filing, Decision (PDF), Press Release for decision

Case Result: The Supreme Court found that the State and individual plaintiffs lacked standing to bring the case because they failed to show a concrete, particularized injury that was traceable to the government’s alleged unlawful conduct. It reversed the Fifth Circuit’s decision with regard to standing, vacated the judgment, and remanded the case to the district court with instructions to dismiss based on the lack of standing.

Case Name: Single v. Catholic Pioneer Church Homes

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

Decision: 4/15/2021

Read Decision Ruling (4/15/2021), Press Release, Original Press Release, and Complaint (PDF) 

"Her Son Says She Was a Victim of Nursing Home Dumping," by Jessica Ravitz, the case story about Gloria Single. Read

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:  Bagnall v. Cochran

Court: U.S. Ct. App. 2d Circuit Docket: 20-1642

Filed: 3/5/2021

Read AARP Amicus Brief (PDF) 

Case Issue: Does the Secretary of the U.S. Department of Health and Human Services violate the Due Process Clause of the Fifth Amendment by denying hospitalized Medicare beneficiaries, initially classified as inpatients and later designated as outpatients under observation, an expedited due process hearing to challenge the hospital’s classification of their stay?

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: National Consumer Voice  v. Becerra, 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), Opening Press ReleaseArticle, NYT: Abelson ArticlePress Release (7/28/2021, CMS reversal on penalties)

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: Stephanie P. v. Shibinette

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

Filed: 1/11/2021

Read Complaint (PDF), Press Release, and Article

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: 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. 

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: Association for Community Affiliated Plans 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)  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: 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: 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: Texas v. United States

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

Decided: 2/6/2020

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. U.S.

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

Filed: 1/15/2020

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

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

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

Decided: 8/21/2019

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: GGNSC Louisville Hillcrest v. Bramer

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

Decided: 8/2/2019

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: Posey v. Northport Health Services of Arkansas

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

Decided:  7/23/2019

Read AARP's Brief (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: ACAP v. U. S. Dep't of Treasury

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

Decided: 7/19/2019

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: Brown v. District of Columbia (Litigation Appeal)

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

Decided: 7/5/2019

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: Texas v. United States

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

Decided: 12/30/2018

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

Decided: 9/18/2017

Read Opinion (PDF)

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

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