California law allows a resident to sue for up to $500 when a nursing home has violated a resident’s rights. It has been understood a damage award could be assessed for each time that a resident’s rights were violated, but the Court of Appeal’s recent ruling concluded that “$500 is the maximum that can be recovered …, regardless of how many rights are violated or whether such rights are violated repeatedly.” In the friend of the court brief, NSCLC cites statutory interpretation rules and legislative history to argue that the $500 maximum should apply to each violation and not to the entirety of a nursing home’s relationship with a resident.
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Unfinished Business: Designing Appeals Procedures in the Dual-Eligible Demonstrations helps stakeholders focus their advocacy about appeals on areas where a consumer voice can have the most potential to affect programs, by highlighting the many areas where appeal rights and procedures have not yet been fully developed. – December 2014
What’s In A Notice? How Notices Of Action Protect Consumers In Medicaid Managed Long-Term Services and Supports provides advocates with the specific information that must be included in each notice of action to meet due process requirements, and outlines how continuation of services and aid-paid-pending plays out in the managed LTSS context. – November 2014
Conflict Free Case Management: Themes in States Implementing New Systems provides background on conflict-free case management and reviews existing regulations and guidance. – October 2014
Action Steps for Consumers and Advocates Regarding the New Home Care Rule: How to Prevent Service Cuts and Protect Consumer-Directed Programs provides steps that consumers and advocates should take in their states to ensure proper implementation of new federal rule. – September 2014
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