CANHR v Smith – At Long Last Constitutional Rights for “Unrepresented” Patients

In a groundbreaking decision, the First District Court of Appeal has ruled that “unrepresented” patients in the health care system have constitutionally protected privacy rights that require significant due process protections before treatment decisions may be imposed without their consent.

California Court of Appeal Declares Constitutional Rights for “Unrepresented” Patients

San Francisco  — In a groundbreaking decision, the First District Court of Appeal ruled yesterday that “unrepresented” patients in the health care system have constitutionally protected privacy rights that require significant due process protections before treatment decisions may be imposed without their consent. 

LANDMARK CIVIL RIGHTS VICTORY FOR ELDERLY NURSING HOME RESIDENTS ILLEGALLY “DUMPED” BY FACILITIES – STATE CAN BE HELD LIABLE FOR IGNORING FEDERAL LAW

San Francisco, CA – In a landmark ruling yesterday, the Ninth Circuit Court of Appeals ruled that California must proactively enforce federal law protecting the poorest and neediest nursing home residents in the State.

The Feds’ About-Face on Arbitration Agreements: From “Fundamentally Unfair” to Not-So-Bad

This week the Trump Administration released its new rule regarding pre-dispute binding arbitration agreements (“arbitration agreements”) in nursing homes.  The old rule, adopted just three years ago, prohibited the use of arbitration agreements because “there is significant evidence that [arbitration agreements] have a deleterious impact on the quality of care for [residents]” and they are “fundamentally unfair.”