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California / IN BRIEF : SACRAMENTO : Motion Filed in Nursing Care Case

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The National Senior Citizens Law Center filed a motion in U.S. District Court in Sacramento asking Judge Edward Garcia to invalidate an agreement between state and federal officials exempting California from complying with a national nursing home reform law. The law requires increased nursing personnel, sets curbs on physical and chemical restraints of patients and gives new rights and freedom of choice to nursing home residents. State officials have balked at following detailed interpretive guidelines that instruct inspectors how to check whether nursing homes have implemented the reforms. Garcia ordered the state to comply with the reforms in January, but state officials have argued that his ruling does not extend to the interpretive guidelines. The law center’s motion seeks to clarify the judge’s ruling and hold state officials in contempt for failing to implement the reforms.

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