The Fourth Appellate District affirmed in part and reversed in part a judgment. The court held that claims of negligence and fraud, among others, against the operators of a health plan for seniors were only partially preempted by the Medicare Act.
T.J. Jackson died while a patient at a nursing facility. According to Jackson’s adult children, the facility failed to provide adequate care to Jackson, causing him to “suffer from starvation, dehydration, and infection, as well as emotional distress,” ultimately resulting in his death.
