Harris v. Board of Supervisors

366 F.3d 754
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 27, 2004
DocketNo. 03-56028
StatusPublished
Cited by9 cases

This text of 366 F.3d 754 (Harris v. Board of Supervisors) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Board of Supervisors, 366 F.3d 754 (9th Cir. 2004).

Opinion

PREGERSON, Circuit Judge:

On January 28, 2003, the Board of Supervisors of Los Angeles County1 voted to reduce expenditures by closing Rancho Los Amigos National Rehabilitation Center (Rancho) and by reducing the number of hospital beds at Los Angeles County-USC Medical Center (LAC-USC). Ran-cho is a county hospital dedicated primarily to providing inpatient and outpatient [757]*757rehabilitative care; LAC-USC, also a county hospital, is an acute care facility that provides a full range of hospital services. Plaintiffs challenged the planned closure and reduction through this action. The district court granted plaintiffs’ request for a preliminary injunction, barring the County from going forward with its plan. The County appealed, challenging the district court’s decision that plaintiffs have standing to sue and the court’s issuance of an injunction. We have jurisdiction under 28 U.S.C. § 1292(a), and we affirm.

I. Factual Background

A. The County Healthcare System

In March 2002, the County closed several primary health care centers that served the indigent and working poor. These closures effectively eliminated 54,000 office visits per year. Later that year, the County closed additional facilities, eliminating 60 hospital beds and 500,000 office visits per year. In addition, since 1994, the County has eliminated about 750 beds from its inpatient system. This constitutes a 30 percent reduction. As a result, county emergency rooms are overwhelmed, creating what witnesses in this case have called an “extremely dysfunctional and dangerous patient environment,” in which “people are dying preventable deaths.” Some patients spend up to 48 hours or more on a gurney in a county emergency room waiting to get a bed, and patients sometimes wait hours or days for necessary emergency surgeries.

Nevertheless, on January 28, 2003, the County decided to close Rancho, one of only six county hospitals, because of anticipated future budget deficits. The County planned to reduce services at Rancho beginning May 1, 2003, and to close the facility entirely by June 30, 2003. In addition, the County planned to eliminate 100 hospital beds from another of its six hospitals, LAC-USC, over a two-year period. However, by the time the district court issued an injunction, no budget shortfall was expected until 2005-06 at the earliest.

B. Rancho Los Amigos National Rehabilitation Center

Rancho is a 207-bed facility that specializes in rehabilitation and the acute care needs of patients with chronic diseases.2 As we explained in Rodde:

Rancho has served Los Angeles’s homeless, mentally ill, disabled and elderly populations since it opened in 1888. Important health care innovations, including the “halo” device used to support the head and neck of spinal cord injury patients, were invented at Rancho. Ran-cho was also the first facility to replace wood with plastic for prosthetic limbs. By the early 1930s, Rancho was becoming legendary for its occupational therapy. Later, during World War II, Ran-cho began providing long-term care and rehabilitation for polio patients; in 1954, the majority of the 1,865 Los Angeles area polio victims were treated at Ran-cho.

357 F.3d at 990 (citation omitted).

Rancho annually provides care to about 2,600 inpatients and 8,600 outpatients. County doctors rely heavily on Rancho to rehabilitate patients with infectious diseases and neurological, orthopedic, and liv[758]*758er conditions. It is the only facility that offers post-stroke rehabilitation for patients discharged from LAC-USC. Ran-cho is a unique facility; no other facility in the area currently provides many of the services it offers. See id. at 991 & n. 3. Plaintiffs’ evidence shows that the County would be unable to meet the medical needs of the indigent and uninsured if it closed Rancho.

C. Los Angeles County-USC Medical Center

LAC-USC provides 30 percent of the county’s emergency care needs and almost 50 percent of the county’s trauma care for insured and uninsured patients. The hospital can accommodate up to almost 1,400 beds, but currently is budgeted to provide only 750 beds; the County’s plan would lower this number to 650. Ninety-nine percent of LAC-USC’s 750 available beds are full at any given time. The evidence demonstrates that the hospital is overcrowded, and patients spend long hours— and sometimes days — in the emergency department waiting to be admitted. The evidence also shows that delayed treatment because of overcrowding is causing preventable deaths, and that the proposed reduction in beds will exacerbate the existing situation. Further, one study concluded that eliminating 100 beds from LAC-USC will cause a 20 percent increase in the number of patients with medical needs leaving emergency departments without being seen by a health care professional.

In addition, LAC-USC’s current ambulance diversion rate (the percentage of time the emergency room is closed to incoming ambulances) is already unacceptably high by medical standards. The proposed bed reduction will increase LAC-USC’s ambulance diversion rate. As the ambulance diversion rate increases, so do the morbidity and mortality rates for transported patients.

D. Plaintiffs

Plaintiffs are eight indigent and uninsured county residents with serious health problems who regularly rely upon the county health care system for routine, rehabilitative, and emergency care. They are: Medhat Elsadoni, who recently suffered a heart attack, waited ten days for a bed to become available at LAC-USC, then waited three additional days for necessary surgery (which was interrupted and continued after a seven hour delay) and is now on five medications; Luther Rabb, a former inpatient and current outpatient at Rancho who is paralyzed and confined to a wheelchair; Gary Harris, also a former inpatient and current outpatient at Rancho who was confined to a wheelchair due to a spinal cord injury but learned to walk on crutches at Rancho; Susan Haggerty, a diabetic amputee who is a Rancho outpatient and former inpatient and who may still have an unhealed bone infection; Dean Lane, who waited ten months for necessary wrist surgery at LAC-USC and has been unable to alleviate his pain and swelling or to find work due to the delay; and Ping Yu, Joan Moxley-Brown, and Mary Phong, who each suffer from multiple medical conditions including liver problems, hypertension, hyperlipidemia, diabetes, breast cancer, arthritis, asthma, and partial blindness. Los Angeles Coalition to End Hunger and Homelessness (LA-CEHH), a non-profit organization composed of indigent individuals who depend upon the county health care system, is also a plaintiff.

Plaintiffs presented evidence that the county healthcare system is not equipped to absorb indigent and uninsured patients, [759]*759including themselves, who would be displaced by the threatened closure of Ran-cho and the reduction of beds at LAC-USC. Further, plaintiffs submitted evidence that the County’s proposal would delay treatment, cause avoidable death, disease, and suffering, increase risk of infections, spread of communicable diseases, and medical complications, and ultimately lead to unnecessarily lengthy and expensive hospitalizations.

II.

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Bluebook (online)
366 F.3d 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-board-of-supervisors-ca9-2004.