Supreme Court will decide if it was legal for a family to sue a nursing home for alleged improper care

07 Nov 2022
medcitynews.com
The Supreme Court will hear a case tomorrow that could decide the fate of millions of people with loved ones in a nursing home. The case, Health and Hospital Corp. of Marion County v. Talevski, began when the family of a man whose health deteriorated while in a nursing home in Indiana sued the nursing home claiming it violated the elderly man’s rights. Now, the nation’s highest court has agreed to hear the case, which was filed by the HHC, which operates the nursing home in Indiana. The case begs the question of whether private citizens should be able to file a federal civil rights claim against nursing homes that receive federal grant funding. Though the case started small, it has gained national attention and more than a dozen states submitted an amicus brief in support of HHC. They include Indiana, Alaska, Arkansas, Idaho, Kansas, Kentucky, Louisiana, Montana, Nebraska, New Hampshire and Texas, among others. Those states said individuals should not be allowed to bring lawsuits against states when receiving federal funding, saying it’s up to federal agencies, not states, to police compliance. That includes Medicare and Medicaid programs among many others. “Private rights of action burden states with costly litigation even when they prevail and, when they lose, with judgments and plaintiffs’ attorneys fees,” the states said in an amicus brief. Gorgi Talevski was a patient at Valparaiso Care and Rehabilitation, a state-run nursing facility in Indiana operated by HHC. The company operates 78 skilled nursing facilities, five assisted living communities and 340 garden homes across Indiana. His wife, Ivanka Talevski, filed the lawsuit alleging that Valparaiso used psychotropic medications as unnecessary chemical restraint, and improperly discharged and transferred him. She accused the nursing home of violating the Federal Nursing Home Reform Act (FNHRA). The district court dismissed the case. On appeal, the U.S. Court of Appeals for the Seventh Circuit reversed the decision and then HHC appealed to the U.S. Supreme Court. The Bazelon Center for Mental Health Law, which advocates for the civil rights, full inclusion and equality of adults and children with mental disabilities, issued a news release asking individuals to petition the case. The center said if HHC wins, it “could strip the ability to individually enforce civil rights and access to federal safety net programs.” HHC did not immediately respond to a request for comment.
For more details,please visit the original website
The content of the article does not represent any opinions of Synapse and its affiliated companies. If there is any copyright infringement or error, please contact us, and we will deal with it within 24 hours.
Organizations
Indications
Targets
-
Drugs
-
Chat with Hiro
Get started for free today!
Accelerate Strategic R&D decision making with Synapse, PatSnap’s AI-powered Connected Innovation Intelligence Platform Built for Life Sciences Professionals.
Start your data trial now!
Synapse data is also accessible to external entities via APIs or data packages. Empower better decisions with the latest in pharmaceutical intelligence.