CALIFORNIA ADVOCATES FOR NURSING HOME REFORM v. SMITH

No. A147987.

37 Cal.App.5th 814 (2019)

CALIFORNIA ADVOCATES FOR NURSING HOME REFORM et al., Plaintiffs and Appellants, v. KAREN SMITH, as Director, etc., Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

July 22, 2019.


Attorney(s) appearing for the Case

Morton P. Cohen ; Law Offices of Amitai Schwartz and Amitai Schwartz for Plaintiffs and Appellants.

BraunHagey & Borden, Matthew Borden , and J. Noah Hagey for California Long Term Care Ombudsman Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

AARP Foundation Litigation and William Alvarado Rivera for AARP, AARP Foundation, National Consumer Voice for Quality Long-Term Care and Justice in Aging as Amici Curiae on behalf of Plaintiffs and Appellants.

Katherine Mathews , Salma Enan and Pamela Lew for Disability Rights California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Claudia Center, Susan Mizner and Alan L. Schlosser for American Civil Liberties Union Foundation Disability Rights Program and American Civil Liberties Union Foundation of Northern California as Amici Curiae on behalf of Plaintiff and Appellants.

Xavier Becerra and Kamala D. Harris , Attorneys General, Julie Weng-Gutierrez , Assistant Attorney General, Susan M. Carson , and Joshua N. Sondheimer , Deputy Attorneys General, for Defendant and Appellant.

Cole Pedroza, Curtis A. Cole and Cassidy C. Davenport for California Medical Association, California Dental Association and California Hospital Association as Amici Curiae on behalf of Defendant and Appellant.

Hooper, Lundy & Bookman and Mark E. Reagan for California Association of Health Facilities as Amicus Curiae on behalf of Defendant and Appellant.


OPINION

I. INTRODUCTION

Health and Safety Code section 1418.8 (section 1418.8) sets forth procedures to be followed for nursing home residents who lack capacity to make their own health care decisions. Most of the affected residents are elderly, many are poor, and all may be described as "unbefriended" in...

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