Nursing Home Residents’ Suit Over Patient Dumping Survives Dismissal

Mealey's (January 21, 2020, 1:52 PM EST) -- OAKLAND, Calif. — A federal judge in California on Jan. 15 refused to dismiss a lawsuit brought by three nursing home residents who claim that the secretary of the California Department of Health and Human Services (HHS) is in violation of the Federal Nursing Home Reform Act (FNHRA), which imposed requirements for nursing homes to be reimbursed under the Medicare and Medicaid Act, by failing to enforce orders allowing patients to be readmitted to skilled assisted living facilities and instead allows patients to be “warehoused” in other hospitals, finding that the plaintiffs sufficiently stated an injury in fact as a result of the defendant’s conduct (Bruce Anderson, et al. v. Mark Ghaly, No. 15-CV-05120, N.D. Calif., 2020 U.S. Dist. LEXIS 7794)....