ANDERSON v. GHALY

No. 16-16193.

930 F.3d 1066 (2019)

Bruce ANDERSON; John Wilson; Robert Austin; California Advocates for Nursing Home Reform, Plaintiffs-Appellants, v. Mark GHALY, Secretary of California Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2019.


Attorney(s) appearing for the Case

Matthew Borden (argued) and J. Noah Hagey , Braunhagey & Borden LLP, San Francisco, California, for Plaintiffs-Appellants.

Hadara R. Stanton (argued), Deputy Attorney General; Xavier Becerra , Attorney General of California; Julie Weng-Gutierrez , Senior Assistant Attorney General; Susan M. Carson , Supervising Deputy Attorney General; Office of the California Attorney General, San Francisco, California; for Defendant-Appellee.

Mark E. Reagan , Scott J. Kiepen , and Katrina A. Pagonis , Hooper, Lundy & Bookman, P.C., San Francisco, California, for Amicus Curiae California Association of Health Facilities.

Concurrence by Judge Friedland


OPINION

The Medicaid Act requires that states participating in Medicaid "provide for a fair mechanism ... for hearing appeals on transfers and discharges of residents" of nursing homes covered by Medicaid. 42 U.S.C. § 1396r(e)(3). The question in this case is whether nursing home residents may challenge a state...

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