The unusual way a Catholic health system is wielding an abortion protest law

A Catholic hospital system is suing a number of California sufferers and their advocates as a result of the sufferers allegedly refused to be discharged. The fits invoke a novel authorized method: accusing them of trespassing below a California legislation meant to cease anti-abortion protesters from blocking entry to well being services.

Dignity Well being has filed three lawsuits in Sacramento County accusing sufferers of “industrial blockade” for refusing to vacate hospital beds although the health care provider had deemed them medically and legally eligible to both go dwelling or go to a different facility. Dignity alleges the sufferers “unreasonably and unlawfully” refused discharge, disrupting its skill to serve others at a time when well being services had been overwhelmed by COVID-19.

Relations and advocates say the sufferers had been exercising their proper to be discharged to a facility that supplied acceptable care and that they may afford, not merely despatched dwelling with out the power to care for themselves.

The lawsuits may set essential precedents for each the usage of the California industrial blockade statute to go after sufferers and their advocates and, extra broadly, the dealing with of instances during which the hospital and affected person cannot agree on a plan for discharge.

The state’s hospital foyer lately highlighted discharge delays as a rising downside costing the business $2.9 billion a yr. The California Hospital Affiliation estimates at the very least 5,000 sufferers each day expertise such delays, usually in attempting to establish expert nursing services.

Affected person advocates, who usually cost sufferers a payment to assist them navigate the well being care system, warn {that a} determination in favor of Dignity may chill their whole occupation and provides hospitals a brand new avenue to hunt cash from sufferers.

“It could possibly be a watershed case if it goes in both route,” mentioned Tony Chicotel, senior employees legal professional with the Berkeley-based California Advocates for Nursing House Reform, who has labored on hospital discharge instances. “If it is a protection verdict, we’ll know our legal guidelines are considerably protecting of sufferers. And if it is a plaintiff’s verdict, sufferers across the state could possibly be dumped and us advocates must determine what we will discuss with out getting sued.”

San Francisco-based Dignity Well being, a tax-exempt group with $9.5 billion in income, was based by nuns to serve the sick and the poor. Spokesperson William Hodges mentioned the well being system would not touch upon pending litigation.

A 68-year-old affected person, Daphne Muehlendorf, who’s blind, started struggling a sequence of seizures in 2021 and was out and in of the hospital. Every time she went dwelling, her daughters say, her well being declined, with slurred speech and the shortcoming to hold a cup, regardless of receiving in-home bodily remedy. By the point she entered the acute rehabilitation unit at Dignity’s Mercy Common Hospital in Sacramento, she had already utilized for Medi-Cal, the state’s Medicaid program, which covers the price of nursing properties if the affected person demonstrates each monetary and medical want.

Dignity, which has not specified an quantity it seeks in damages, contends in its lawsuit that docs decided Muehlendorf was eligible to go dwelling however the household refused for weeks whereas ready for her Medi-Cal assisted dwelling waiver to be accepted. As soon as that got here by, Muehlendorf was transferred to Bruceville Terrace, considered one of Dignity’s expert nursing services in Sacramento.

“I do not see what the case is and that is what’s scary for me,” mentioned considered one of Muehlendorf’s two daughters, Terra Khan, about Dignity’s authorized argument. She can also be being sued by Dignity. “I don’t know what is going on to occur. I am terrified.”

Dennis McPherson, the legal professional representing Dignity, mentioned the hospital made the choice to sue after critical deliberation. Muehlendorf “did trigger a major disruption,” McPherson mentioned. “It took much more manpower and our unit was full. There have been sufferers wait-listed who could not get into this unit.”

The household and their affected person advocate, Carol Costa-Smith, who runs the corporate The Mild for Seniors in San Diego, mentioned it wasn’t protected for Muehlendorf to return dwelling and accused the hospital of delaying submitting paperwork for Muehlendorf’s Medi-Cal software. State and federal legal guidelines require hospitals to rearrange take care of sufferers who’re prone to endure antagonistic well being penalties upon discharge, and sufferers have a proper to enchantment discharge choices.

Likening themselves to tax advisers, impartial advocates with authorized, finance, and insurance coverage backgrounds fill a cottage business serving to sufferers and their households navigate the well being system and long-term care services, which frequently contains making use of for Medi-Cal.

Costa-Smith, who expenses every consumer $2,000 to $3,000 a yr, mentioned Dignity is attempting to place affected person advocates out of enterprise so there’s much less pushback towards hospital discharges and different choices. “I am the pit bull and I am not going to allow them to do a house discharge if it is not protected,” she mentioned.

Dignity’s use of the industrial blockade legislation seems to be new. California lawmakers handed a invoice in 1994 permitting civil claims towards trespassers at well being services, authored by then-Meeting member Jackie Speier, who lately retired from Congress and is now operating for the San Mateo County Board of Supervisors. The legislature’s evaluation of the proposed invoice from that point confirmed it was meant to dissuade anti-abortion protesters from blocking individuals getting into or exiting well being care services by threatening a lawsuit.

The evaluation mentioned it may additionally cease different disruptive actions reminiscent of extreme cellphone calls to tie up cellphone strains, the usage of stink bombs to evacuate health facilities, and faux fireplace calls that immediate emergency evacuation. It was backed by the American Faculty of Obstetricians and Gynecologists, California NOW, and Deliberate Parenthood Associates of California.

Anti-abortion teams opposed the invoice, arguing “those that impede entry with a view to save infants shouldn’t be handled in a different way than those that would possibly accomplish that to avoid wasting animals, or to dam entry to authorities buildings or bridges.” Opponents steered that pro-choice teams may search to take advantage of the invoice for revenue.

Affected person advocates are alarmed by the Dignity lawsuits and say they’ve by no means heard of hospitals submitting such claims. Dignity can also be suing Craig Smedley, who operates Property Advisory Group in Murrieta. In line with a June 30, 2021, grievance, Smedley suggested a affected person at Mercy Hospital of Folsom “refusal to just accept protected and lawful placement and be discharged” although the affected person had been medically eligible for discharge since Could 9, 2021.

Dignity contends it misplaced cash as a result of the affected person’s insurance coverage denied fee, and it accuses Smedley of directing the hospital to ship her to a talented nursing facility when docs mentioned she had no want for that degree of care. Dignity has not specified an quantity it seeks in damages. Smedley, who’s defending himself, mentioned disagreeing with a hospital’s discharge plan was hardly a industrial blockade.

“I am not chaining myself to the entrance door to forestall individuals from passing by to the hospital like an anti-abortion protester,” Smedley mentioned. “I’ve by no means visited the hospital. I give recommendation by cellphone. My shoppers had been those speaking with the hospital.”

Chicotel, the legal professional with the nursing dwelling reform group, mentioned he didn’t consider Dignity’s claims had been supported by the legislation. Hospitals, he mentioned, have an obligation to discharge sufferers to a protected facility they will afford.

“In my expertise, the Catholic hospitals are centered on the underside line,” Chicotel mentioned. “We see funds develop into rather more essential than the religious mission. I see that again and again.”

McPherson argued that the industrial blockade legislation was written broadly to incorporate any disruption to the traditional features of a health care facility that renders it briefly or completely unavailable.

“The end result of the trial will dictate to the consumer what we will do with respect to the others,” he mentioned. Dignity has filed a 3rd lawsuit, towards Costa-Smith and one other consumer.

As a registered nurse who has labored for varied hospitals, Khan believes she was doing what any individual would do in advocating for a cherished one. She mentioned her mom, who as soon as lived independently regardless of her incapacity, would not have requested for assist if she did not really want it. “I do know we moved by this honorably,” she mentioned.

Khan is each troubled and comforted realizing that Dignity goes after different sufferers and affected person advocates.

“It makes me really feel like, OK, it wasn’t that we did one thing incorrect—there’s one thing else at play that we’re not aware about.”

2023 KFF Well being Information. Distributed by Tribune Content material Company, LLC.