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Tomorrow the Supreme Court will hear a case that could decide the fate of millions of people and their loved ones in the care home.
The reason, Health and Hospital Corp. of Marion County v. Talevski, started when the family of a man whose health deteriorated in a nursing home in Indiana sued the nursing home, claiming it had violated his elder’s rights. Now the nation’s highest court has agreed to hear the case, which was brought by HHC, which manages the nursing home in Indiana. The case questions whether private citizens can file federal civil rights claims against nursing homes that receive federal funding.
Although the case started small, it has gained national attention, with more than a dozen states filing amicus briefs in support of the HHC. Indiana, Alaska, Arkansas, Idaho, Kansas, Kentucky, Louisiana, Montana, Nebraska, New Hampshire and Texas, among others. Those states said that individuals should not be allowed to bring lawsuits against states when the government receives money, saying that federal agencies, not states, should police them. This includes the Medicare and Medicaid programs among others.
“Individual jurisdictions impose a burden on claims and costly lawsuits whether they win or lose, as well as judgments and plaintiffs’ attorneys’ fees,” the states said in the amicus brief.
Gorgi Talevski is 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 throughout Indiana.
His wife, Ivanka Talevski, filed the lawsuit suspect Valparaiso used psychoactive drugs as an inappropriate substance abuser, misadministered and transferred them. He accused the nursing home of violating the Federal Nursing Home Reform Act (FNHRA).
The district court dismissed the case. On appeal, the Court of Appeals for the Seventh Circuit reversed the decision, and HHC then appealed to the United States Supreme Court.
The Bazelon Center for Mental Health Law, which supports the human rights, inclusiveness and equality of adults and children with mental disabilities, a press release was issued inviting individuals to petition the case. The center said if HHC wins, it “could eliminate the ability to independently exercise human rights and access government safety net programs.”
HHC did not immediately respond to a request for comment.
Photo: traveler1116, Getty Images
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