Anderson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRUCE ANDERSON, et al., Case No. 15-cv-05120-HSG Plaintiffs, ORDER AND NOTICE OF

INVITATION TO FILE AMICUS

v. CURIAE BRIEF DIANA DOOLEY, et al., Re: Dkt. No. 99 Defendants. 12 This case challenges the legality under federal law of California’s process for nursing home residents to appeal transfer and discharge decisions. Plaintiffs’ 42 U.S.C. § 1983 claim is based on alleged violations by the State of California of the Federal Nursing Home Reform Act (“FNHRA”)—namely 42 U.S.C. §§ 1395i-3(e)(3), 1396r(e)(3) and relevant implementing regulations, especially 42 C.F.R. § 431.246. See Dkt. No. 35 (“FAC”) ¶ 66. The United States Center for Medicare and Medicaid Services (“CMS”) is the federal agency charged with promulgating the regulations at issue. Both Plaintiffs and Defendant contend that CMS supports their position in this litigation. See FAC ¶ 8 (“Over 10 years ago, the United States Center for Medicare &…