Case: Valdivia v. California Department of Health Services

2:90-cv-01226 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 1, 1990

Closed Date: March 16, 1999

Clearinghouse coding complete

Case Summary

On Oct. 1, 1990, two residents of California nursing homes filed this class action in the U.S. District Court for the Eastern District of California under the Medicaid Act against the California Department of Health Services. The plaintiffs asked the court for declaratory and injunctive relief, claiming that the state had failed to comply with the recently enacted federal nursing home reform law, 42 U.S.C. §§ 1395i-3(a)-(h) and 1396r(a)-(h). The plaintiffs also requested a preliminary injunctio…

On Oct. 1, 1990, two residents of California nursing homes filed this class action in the U.S. District Court for the Eastern District of California under the Medicaid Act against the California Department of Health Services. The plaintiffs asked the court for declaratory and injunctive relief, claiming that the state had failed to comply with the recently enacted federal nursing home reform law, 42 U.S.C. §§ 1395i-3(a)-(h) and 1396r(a)-(h). The plaintiffs also requested a preliminary injunction.

Specifically, the new law required all nursing homes to care for their residents "so as to promote maintenance or enhancement of each resident's quality of life." To this end, each facility was required to formulate a written plan of care for each resident, describing the medical, nursing, and pyschosocial needs of the resident, among other requirements. Under the law, each state is responsible for certifying the compliance of facilities with these requirements. The state claimed that its own statutory and regulatory scheme already complied with the reform law.

On Jan. 11, 1991, the court (Judge Garcia) granted the plaintiffs' motion for preliminary injunction and ordered the state to comply with the new federal requirements. On Feb. 25, 1991, he ordered that the injunction would remain in effect until final resolution on the merits of the case. The court also certified a class consisting of "all persons in California who are or will be residents in Medicare or Medicaid certified nursing facilities."

On Aug. 11, 1992, the Court granted the plaintiffs' motion for summary judgment in part and entered a permanent injunction against the state in the following areas: comprehensive resident assessments (the state has to ensure that the nursing home provide individualized care plans per the reform law); residents' rights (the state has to ensure that the nursing homes promote residents' rights in admissions policies); survey and certification requirements; and transfer and discharge appeals.

The court granted summary judgment to the plaintiffs on the question of the defendants' failure to timely comply with the nurse aid training and competency program, but granted summary judgment to the defendants on the question of their current compliance with the law. The court ruled similarly on the question of the nurse aid registry required by the reform law.

At the same time, the parties agreed to resolve all further issues through a settlement agreement. The agreement provided that the state would comply with all aspects of the reform law. The state also agreed to implement an enforcement program "including mechanisms and strategies to effectively apply appropriate remedies when federal requirements of participation are not met." The state also committed to new, comprehensive educational programs for facility staff, residents, and residents' representatives regarding resident assessments and car plans.

On April 13, 1993, the Court held that the stipulation was fair to the members of the class and approved the settlement. On March 16, 1999, the District Court (Judge Garcia granted the defendants' motion to dismiss the complaint in intervention for lack of subject matter jurisdiction and denied the intervenor's motion to enforce the settlement agreement. The court then directed the clerk of Court to close this file.

Summary Authors

Andrew Junker (12/9/2014)

People


Judge(s)

Garcia, Edward J. (California)

Nowinski, Peter A. (California)

Attorneys(s) for Plaintiff

Alexander, George (California)

Calame, Donna Schmitt (California)

Dudovitz, Neal S (District of Columbia)

Edelman, Toby (District of Columbia)

Finberg, Jeanne (California)

Girard, Lenore E (California)

Lammers, Kathleen A (California)

Miller, Kenneth P (California)

Judge(s)

Garcia, Edward J. (California)

Nowinski, Peter A. (California)

Attorneys(s) for Plaintiff

Alexander, George (California)

Calame, Donna Schmitt (California)

Dudovitz, Neal S (District of Columbia)

Edelman, Toby (District of Columbia)

Finberg, Jeanne (California)

Girard, Lenore E (California)

Lammers, Kathleen A (California)

Miller, Kenneth P (California)

Mitchell, Eugenie (California)

Nemore, Patricia (District of Columbia)

Pearl, Richard M (California)

Shapiro, Robin Marc (California)

Weathered, Tom (California)

Attorneys(s) for Defendant

Hewing, Margaret S (District of Columbia)

Mansfield, Daryl Francis (California)

Simpson, W. Scott (District of Columbia)

Yanger, Thomas Robert (California)

Other Attorney(s)

Gerst, Robert J (California)

Reagan, Mark E. (California)

Waxman, J. Mark (California)

Documents in the Clearinghouse

Document

Docket [PACER]

April 16, 2001 Docket
91

Preliminary Injunction Order

1991 WL 22812

Jan. 11, 1991 Order/Opinion
142

Memorandum of Decision

1991 WL 80896

Feb. 25, 1991 Order/Opinion
323

Opinion

1992 WL 226316

July 24, 1992 Order/Opinion
333

Order After Hearing and Order of Permanent Injunction

1992 WL 554299

Aug. 11, 1992 Order/Opinion
440

Order after Hearing

March 16, 1999 Order/Opinion

Resources

Title Description External URL

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/...

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: California

Case Type(s):

Nursing Home Conditions

Key Dates

Filing Date: Oct. 1, 1990

Closing Date: March 16, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of California nursing homes

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Goals (e.g., for hiring, admissions)

Implement complaint/dispute resolution process

Monitor/Master

Preliminary relief granted

Issues

General:

Habilitation (training/treatment)

Housing

Individualized planning

Reassessment and care planning

Restraints : chemical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Non-government for profit

Non-government non-profit

Benefit Source:

Medicaid

Medicare