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Docket: Long-term Care Services and Supports

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

Court: U.S. Ct. App. 11th Cir.  Docket: 10-10500D

Filed: 7/20/2018

Read AARP's Amicus Brief (PDF)

Case Issue: Did the district court misapply the materiality requirement under the False Claims Act and Universal Health Services v. U.S. ex rel Escobar, 136 S. Ct. 1989 (2016) in granting judgment as a matter of law against the Relator?


 

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

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

Decided: 2/20/2018

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: 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: Single v. Catholic Pioneer Church Homes

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

Filed: 10/4/2017

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

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

Decided: 10/2/2017

Read AARP's Amicus Brief (PDF)

Case Result: Supreme Court denied cert.


Case Name: California Advocates for Nursing Home Reform (CANHR) v. Smith

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

Filed: 9/29/2017

Read AARP's Amicus Brief (PDF)

Case Issue: Can a  California nursing facility circumvent the informed consent rights of a resident who does not lack capacity to make her own decisions?


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. 


Case Name: Levine v. Ventura Convalescent Hospital

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

Closed: 9/15/2017

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: Keller v. Life Care Centers of America

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

Decided: 3/22/2017

Read Complaint (PDF)

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


Case Name: Darling v. Douglas

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

Settled: 12/22/2016

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: Pierce v. Genesis Healthcare

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

Filed: 9/2/2016

Read Summary and Complaint (PDF)

Case Issue: Can nursing facilities administer psychotropic drugs to elderly people with dementia without informed consent or medical justification?


Case Name: Williams v. Penn Ctr. for Rehab. and Care

Court: Superior Ct. of Pa., E. Div.   Docket: 1167 EDA 2014

Read AARP's Amicus Brief (PDF)

Case Result:  The court held that the issues on appeal were waived due to the appellant's failure to obtain and cite to the Notes of Testimony in the post-trial motion for a new trial. The substantive issues addressed in the amicus brief were not decided by the court because the appellant lost on procedural grounds.


Case Name: Cuozzo Speed Technologies v. Lee

Court: U.S. Supreme Court  Docket: 15-446

Decided: 6/20/2016

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court validated PTO rules for inter partes review of patents.


Case Name: Thorpe v. District of Columbia

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

Decided: 6/26/2015

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: Bennett v. St. John's Home

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

Decided: 5/8/2015

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: Levine v. Ventura Convalescent Hospital

Court: Superior Court of Ventura, CA    Docket: 56-2011-00406719

Read Summary and Press Release

Case Issue: Does nursing facility's failure to ensure informed consent before administering medication to nursing facility residents violate the California Patient Bill of Rights?


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. 


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