United States Ninth Circuit

District court’s dismissal with prejudice of a claim by residents that their nursing homes’ refusal to readmit them after a hospital stay violated the Federal Nursing Home Reform Amendments vacated and remanded. 42 U.S.C section 139r(e)(3) creates a right to redress after a favorable appeal decision. However, the initial complaint failed to allege a violation of that right, which could be redressed by repleading.

Appellate Information

• Published 2019/07/18

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel