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Alert: Bet Tzedek Scores a Victory for Resident Rights
On January 17, 2007, the Honorable Dzintra Janavs issued a preliminary injunction compelling a Los Angeles nursing home, Vernon Convalescent Hospital, to readmit one of its residents following a recent hospitalization.
The circumstances of the case are unfortunately familiar to nursing home residents and their advocates: Vernon Convalescent refused to readmit resident Edward Bush after he received treatment at a nearby hospital despite his legally mandated bed hold. Additionally, Vernon Convalescent failed to comply with any of the procedural requirements for permanently discharging a resident. Following an administrative hearing in December, the Department of Health Services found that Vernon Convalescent had failed to comply with the law and ordered Mr. Bush's readmission. Vernon Convalescent flouted the DHS order, prompting a lawsuit filed by Bet Tzedek Legal Services on behalf of Mr. Bush.
Following a court hearing, Vernon Convalescent was again ordered to immediately readmit Mr. Bush. Vernon Convalescent has appealed the order, staying its enforcement. Mr. Bush, meanwhile, has been forced to move to a residential care facility and is still unable to return to his home.
Attorney Jody Spiegel of Bet Tzedek Legal Services represents Mr. Bush.