Legal Opinion

Lackner v. St. Joseph Convalescent Hospital, Inc.

California Court of Appeal

Decided June 5, 1980No. Civ. 44772PublishedCited by 12 opinions

1Opinion of the Court

Opinion

CALDECOTT, P. J.

The issue presented on this appeal is the constitutionality of the citation and administrative hearing procedure (Health & Saf. Code, §§ 1423-1429) 1 of the Long-Term Care, Health, Safety, and Security Act of 1973 (§§ 1417-1430) (hereinafter the Act). We hold that the procedure is constitutional.

The Act was passed with the express intent (1) to establish a citation system for the imposition of prompt and effective civil sanctions against long-term health care facilities in violation of the laws and regulations relating to patient care; (2) to establish an inspection and…

2Cases cited23 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Paul v. DavisSupreme Court of the United States · 1976
  3. Connally v. General Construction Co.Supreme Court of the United States · 1926
  4. Boddie v. ConnecticutSupreme Court of the United States · 1971
  5. Wisconsin v. ConstantineauSupreme Court of the United States · 1971

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3Cited by12 opinions

  1. California Ass'n of Health Facilities v. Department of Health ServicesCalifornia Supreme Court · 1997
  2. Kizer v. County of San MateoCalifornia Supreme Court · 1991
  3. Illinois Health Care Ass'n v. Illinois Department of Public HealthCourt of Appeals for the Seventh Circuit · 1989
  4. Jarman v. HCR ManorCare, Inc.California Supreme Court · 2020
  5. Sandahl v. Beverly Enterprises, Inc.California Court of Appeal · 2000

7 more not listed; retrieve them via the Exa API.

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