"The impact of this (ruling) is that the state is going to do something," said plaintiffs' attorney
Attorneys for the three residents and the advocacy group California Advocates for Nursing Home Reform had argued the care homes targeted the residents because they were on
The result: "(N)ursing homes have a strong financial incentive to engage in 'dumping' if
Austin had been making progress at his
State regulators failed to act after the patients won their appeals to be readmitted to the facilities, plaintiffs' attorneys argued.
Berzon wrote that residents' appeals rights are contained in a state's bag of nursing home enforcement tools and allowed residents to obtain relief.
Nursing home reforms enacted in the 1980s to protect residents' rights, Berzon said, were put in place to address broad concerns that government regulation remains unsatisfactory and "allows too many marginal and substandard nursing homes to continue in operation."
"In light of this focus on inadequate nursing homes,
But plaintiffs' attorney Borden, who argued the case before the three-member panel of Berzon, 9th Circuit Judge
"My message to Newsom is to listen. Listen to the 9th Circuit. Listen to what these people need," Borden said. "It's an underhand pitch. He should be able to knock it out of the park."
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