Supreme Court Grants Residents Right to Sue State-Owned Nursing Homes Under Federal Nursing Home Reform Act

In a landmark decision, the U.S. Supreme Court has affirmed the right of nursing home residents to sue state-owned facilities for violations of their rights under the Federal Nursing Home Reform Act (FNHRA). This ruling marks a significant victory for the elderly and disabled, providing a crucial avenue for seeking justice when their rights are infringed upon in government-run nursing homes.

Understanding the Federal Nursing Home Reform Act (FNHRA)

The FNHRA, enacted in 1987, establishes minimum standards of care for nursing homes that receive federal funding through Medicare and Medicaid. These standards are designed to ensure that residents receive the care and services necessary to maintain their physical, mental, and psychosocial well-being. The act outlines specific rights for residents, including:

The right to a dignified existence, free from abuse, neglect, and discrimination.
The right to be fully informed about their care and treatment.
The right to participate in their care planning.
The right to voice grievances without fear of retaliation.
The right to manage their own finances.
The right to privacy and confidentiality.
The right to be free from unnecessary physical or chemical restraints.
The right to choose their own physician.
The right to refuse medical treatment.
The right to be transferred or discharged only for medical reasons, the resident’s welfare, or nonpayment.

The Talevski Case: A Turning Point

The Supreme Court’s decision stemmed from the case of Health and Hospital Corporation of Marion County v. Talevski. The case involved Gorgi Talevski, a nursing home resident with dementia, whose family sued a county-owned nursing home in Indiana, alleging that the facility had violated his rights under the FNHRA by overmedicating him with psychotropic drugs and attempting to transfer him to another facility without their consent.

The nursing home argued that residents did not have the right to sue under the FNHRA, but the Supreme Court disagreed. In a 7-2 decision, the Court held that the FNHRA creates federal rights that residents can enforce through lawsuits under Section 1983 of the Civil Rights Act. This section allows individuals to sue state government officials and other entities acting “under color of state law” for civil rights violations.

Implications of the Supreme Court’s Ruling

This ruling has several important implications:

Enhanced Accountability: State-owned nursing homes can now be held directly accountable in federal court for failing to meet the standards of care required by the FNHRA.
Protection of Residents’ Rights: The decision empowers residents and their families to take legal action when their rights are violated, providing a powerful tool for protecting vulnerable individuals.
Deterrent Effect: The threat of lawsuits may incentivize state-owned nursing homes to improve their practices and ensure that residents receive the care and respect they deserve.
Limited Scope: It’s important to note that this ruling applies specifically to state-owned nursing homes. Privately-owned nursing homes are not subject to lawsuits under Section 1983. However, they are still required to comply with the FNHRA, and violations can result in monetary penalties, denial of Medicare or Medicaid funds, state monitoring, or temporary state management.

Understanding 42 U.S.C. § 1983

The Supreme Court’s decision heavily relies on 42 U.S.C. § 1983, a crucial piece of legislation in protecting civil rights. This statute allows individuals to sue state and local government entities and employees who, acting under the color of state law, deprive them of their constitutional or federal rights. In the context of nursing homes, this means that if a state-owned facility violates a resident’s rights under the FNHRA, the resident can bring a lawsuit under Section 1983 to seek damages and other remedies.

What to Do If You Suspect Nursing Home Abuse or Neglect

If you suspect that a loved one is being abused or neglected in a nursing home, it’s crucial to take action to protect their safety and well-being. Here are some steps you can take:

Report Your Concerns: Report your suspicions to the nursing home administration and demand an investigation.
Contact State Authorities: Contact your state’s Department of Health or other relevant agencies to report the abuse or neglect.
Seek Medical Attention: If your loved one has been injured, seek immediate medical attention.
Gather Evidence: Document everything you observe, including dates, times, specific incidents, and the names of individuals involved. Take photos or videos if possible.
Consult with an Attorney: Contact an experienced nursing home abuse attorney to discuss your legal options.

The Role of Nursing Home Abuse Lawyers

Nursing home abuse lawyers play a vital role in protecting the rights of vulnerable residents. They can:

Investigate claims of abuse and neglect.
Gather evidence to support your case.
Negotiate with the nursing home and its insurance company.
File a lawsuit if necessary.
Represent you in court.
Help you recover compensation for your loved one’s injuries, pain, and suffering.

The Future of Nursing Home Litigation

The Supreme Court’s decision in Health and Hospital Corporation of Marion County v. Talevski is likely to lead to an increase in litigation against state-owned nursing homes. This decision underscores the importance of protecting the rights of nursing home residents and holding facilities accountable for providing substandard care. It serves as a reminder that nursing homes must prioritize the well-being of their residents and comply with all applicable laws and regulations.

Seeking Justice for Nursing Home Residents

The Supreme Court’s ruling provides a crucial avenue for seeking justice for nursing home residents whose rights have been violated. If you believe that a loved one has been abused or neglected in a state-owned nursing home, don’t hesitate to take action. Contact an experienced attorney to discuss your legal options and protect your loved one’s rights. By holding these facilities accountable, we can work together to ensure that all nursing home residents receive the care and respect they deserve.