Lackner

Jerome A. Lackner, M.D., as Director of the State Department of Health (Director) filed a complaint against H. A. Lawren Perkins and The Bradley Sanitarium (Perkins) to collect a civil penalty for alleged violation of the Long-Term Care, Health, Safety and Security Act of 1973 (the Act) (Health & Saf. Code, § 1417 et seq.). Perkins moved for summary judgment, or in the alternative, judgment on the pleadings. The court granted judgment on the pleadings holding the Act unconstitutional by depriving the damaged person of due process. The judgment was amended, however, to state the complaint fails to state facts sufficient to constitute a cause of action on the ground that the Act was unconstitutional in that the penalty scheme set forth in sections 1424 and 1428, subdivision (b), deprives Perkins of due process. The Director appeals.

Perkins is the sole owner of The Bradley Sanitarium, a nursing facility licensed by the State Department of Health pursuant to section 1250 et seq. Authorized representatives of the department entered the premises. and conducted an examination of health care practices. The inspection revealed one patient at the sanitarium had a total of 20…