California Court of Appeal
Cal. Advocates for Nursing Home Reform v. Smith , 147987
Reversed and remanded. Plaintiff challenged the constitutionality of Health and Safety Code section 1418.8 that provided procedures for when a nursing home resident lacks capacity to make health care decisions. Trial court declared 1418.8 unconstitutional and prohibited enforcement. Appeals court found trial court’s analysis deficient and stated the proper course is to construe statute to uphold constitutionality rather than to enjoin enforcement.
Appellate Information
- Published 2019/07/22
Judges
- Streeter
Court
- California Court of Appeal