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Resident Rights Litigation

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California Advocates for Nursing Home Reform et al. v. California Department of Health Services, No. CPF–05–505749, order for writ of mandate (Cal. Super. Ct., San Francisco County Sept. 27, 2006). CANHR and two individual plaintiffs filed suit against the Department for failing to investigate complaints against California nursing homes as required by law. The Department was ordered to comply with the statutory requirements and to complete investigation of the "backlogged" complaints within a specified period of time. CANHR was represented by Chris Healey, of Luce, Forward in San Diego and Michael Thamer, Esq.
Click here to download the order (pdf)

CANHR v. Shewry, No. CGC04–437210, Stipulation and Settlement Agreement, (Cal. Superior Court, April 28, 2006) CANHR and several members filed suit against the Department of Health Services for failure to comply with the statutory provisions regarding access to ownership information on nursing homes. CANHR recently filed a contempt motion to compel the Department to comply with the settlement agreement. CANHR is represented by the law firm of Amitai Schwartz, Esq., Emeryville, CA.
Click here to download the order (pdf)

BANHR v. DHS: Informed Consent Regulations: A lawsuit brought by CANHR (at that time "BANHR,") as an organizational plaintiff, and litigated by Mort Cohen, a Professor at Golden Gate University School of Law, resulted in the promulgation of nursing home regulations restricting the use of chemical and physical restraints without first obtaining the informed consent of the resident or the resident’s legal representative. The regulations culminated seven years of efforts by CANHR to reduce the use of chemical and physical restraints in California’s nursing homes.

Page Last Modified: June 17, 2008