Anderson
Anderson v. Dooley
Opinion
Trial Court Opinion
I. BACKGROUND
1 The individual plaintiffs who brought this case—Bruce Anderson, John Wilson, and 2 Robert Austin—are former residents of certified nursing homes in California. See Dkt. No. 1 ¶¶ 3 12-14. Each alleged that he was subject to “dumping,” which is when nursing homes send a 4 resident to a hospital for medical or mental health treatment but refuse to readmit them after they 5 have been discharged from the hospital. Pls. Mot. at 2-4. Plaintiffs maintain that because 6 Medicaid pays nursing homes less than Medicare or private insurance, nursing homes have a 7 strong incentive to dump residents that participate in Medicaid. Id. “Dumping,” they allege, is 8 “one of the greatest threats” nursing home residents in California face. Id. 9 Both federal and California law regulate nursing homes that participate in Medicaid. 10 Through the laws and regulations summarized below, both make it unlawful for a nursing home to 11 dump residents just because they seek to pay with Medicaid. 12 A. Federal Statutory and Regulatory Scheme 13 Medicaid is a cooperative federal-state program under which the federal government 14 provides funding to states to allow them to provide…