Nursing Home Residents Can Contest Statute Violation Over Discharge Appeal, Panel Says

Mealey's (August 1, 2019, 3:23 PM EDT) -- SAN FRANCISCO — Three nursing home residents may challenge the state of California’s violation of a statutory requirement for hearing appeals on transfers and discharges of residents, the Ninth Circuit U.S. Court of Appeals held July 18, finding that a lower court erred in dismissing their lawsuit on the basis that the Federal Nursing Home Reform Amendments (FNHRA), which imposed requirements for nursing homes to be reimbursed under the Medicare and Medicaid Acts, do not provide a statutory right enforceable under U.S. Code Section 1983 (Bruce Anderson, et al. v. Mark Ghaly, No. 16-16193, 9th Cir., 2019 U.S. App. LEXIS 21265)....